Terms and Conditions for the Benzac 2024 Anonymous Casting Call

Galderma Australia Pty Ltd (ABN 12 003 976 930) (Galderma) is running a Benzac Anonymous Casting Call where individuals are invited to trial Benzac products supplied by Galderma (Trial). The Trial is subject to and governed by the terms and conditions below (Terms).


1.       Eligibility

(a)    Entry in the Trial is open to Australian or New Zealand residents aged 16 years or over, excluding:

                         (i)            Management, employees, directors and contractors of Galderma or its related entities; and


                       (ii)            A spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 1(a)(i) above.

(Eligible Participant). Galderma is responsible for determining whether a person is an Eligible Participant in its absolute discretion.


(b)    Participants under the age of 18 years must obtain consent from their parent or guardian to participate in the Trial.


2.       Entering the Trial

(a)    By registering to participate in the Trial you are agreeing to receive free sample product(s) from Galderma for the purpose of participating in the Trial. The sample product(s) are not for resale, are for product trial purposes only and cannot be redeemed for cash.


(b)    Galderma will send the sample product(s) to the mailing address you have provided when signing up. Please ensure your postal address is correct and complete.


(c)     You agree to receive email communications from Galderma relating to the Trial, other brand updates including but not limited to new product announcements, exclusive online offers and news from Galderma and its associated brands.


(d)    You agree to participate in the Trial in consideration of receipt of the specified product(s) from Galderma.


(e)    By entering the Trial, you agree and acknowledge that:

                         (i)            you must use the product(s) in accordance with its directions and will take product warnings into account; and


                       (ii)            you have read and understood the ingredients contained in the product(s).


(f)      At the conclusion of the Trial, you are required to submit a written review of the product(s) and upload before and after images about your use of the product(s) to Galderma at anna.tran@galderma.com. You warrant that:

                         (i)            you will respond honestly in relation to the products you test in connection with the Trial;


                       (ii)            any review provided will be a true reflection of your opinion and not influenced by Galderma; and


                     (iii)            the review will be your own work, and will not infringe any rights (including any intellectual property rights) of any person.


(g)    For the avoidance of doubt, your review of the product(s) can be positive or negative, and this will not impact your ability to remain part of the Trial or keep the product(s).


3.       Intellectual Property

(a)    Galderma owns or is licensed to use all intellectual property rights in all products and materials (including all text, trade marks, logos, images and graphics) provided in connection with the Trial and any updates to them.


(b)    No licence, right, title or other interest in any such intellectual property is granted to you under these Terms. Nothing should be construed as providing you with such rights.


(c)     Except as otherwise expressly provided in these Terms, you must not copy, adapt, reproduce, publish, distribute or otherwise deal with any of the content provided in connection with the Trial in any form without the express prior written permission of Galderma (except as permitted under the Copyright Act 1968 (Cth) or any other applicable law in your location).


(d)    You agree and acknowledge that any reviews, comments, feedback, content, images or testimonials you provide to us in connection with the Trial may be used and published by us as we see fit, including for promotional purposes.


4.       Confidentiality

You agree and acknowledge that all information, materials, documents, content and data provided to you, or which you become aware of, in connection with the Trial:


(a)    will be kept strictly confidential;


(b)    will not without Galderma’s consent be disclosed or divulged to any third party, reproduced or used for any purpose or enterprise other than to enable your participation in the Trial or as required by law; and


(c)     will remain the absolute and exclusive property of Galderma.


5.       No warranties

The Trial and the products are provided on an 'as is' basis and to the fullest extent possible and subject to any liabilities and obligations which cannot be excluded by law, we do not warrant:


(a)    that the products provided in connection with the Trial will meet your requirements; or


(b)    the accuracy or effectiveness of the functions of the products provided in connection with the Trial.


6.       Liability

(a)    We will have no liability in respect of any loss or damage that you incur arising from your use of the products or participation in the Trial.


(b)    To the extent permitted by law:

                         (i)            all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law including but not limited to warranties of accuracy, completeness, non-infringement, or usefulness of the products in connection with the Trial, are excluded from these Terms; and


                       (ii)            in no event will we be liable in contract, tort (including negligence), under statute or otherwise for any incidental, consequential or indirect damages, including loss or corruption of data or information, arising out of or related to your use of, or inability to use, the products in connection with the Trial.


(c)     If a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) (ACL) nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the ACL, provided that, to the extent that the ACL permits us to limit our liability, then our liability will be limited to the:

                         (i)            resupply of the goods or services; or


                       (ii)            payment of the cost of resupplying the goods or services.


7.       Termination of your participation in the Trial

(a)    If you breach, or we suspect that you have breached, any of these Terms, we may, in addition to any other rights we have at law or otherwise, suspend (in whole or part) or terminate your participation in the Trial without further notice.


(b)    If your participation in the Trial is terminated, you must (at our option, and as directed by us) immediately return to us or dispose of any unused portion of products the subject of the Trial, including any associated packaging and materials.


8.       Personal Information

(a)    Galderma is bound by the Australian Privacy Principles in the Privacy Act 1998 (Cth) as well as any other applicable laws.


(b)    You may view Galderma’s Privacy Policy at https://www.galderma.com/au/your-data.


(c)     Your personal information (PI) will be collected to enable Galderma and its agencies to administer and promote this Trial. Your PI may be provided to others assisting in the conduct of the Trial, including suppliers and deliverers. If the PI requested is not provided, you may not participate in the Trial. By entering this Trial you consent to the use of their PI as described. A request to access, update or correct any personal information should be directed to Galderma. If you do not truthfully provide all requested PI, Galderma may determine you are not eligible to participate in the Trial. Please refer to Galderma’s privacy policy referred to in clause 8(b) for further information.


(d)    Should your PI changes during the Trial, it is your responsibility to notify Galderma by using the process specified in the Galderma’s Privacy Policy.


9.       General

(a)    You may not assign or transfer any rights or obligations under these Terms to any third party. We may assign or transfer any rights or obligations under these Terms to any third party in our absolute discretion.


(b)    If any part of these Terms is held to be unenforceable, void or illegal, that part may be severed and the remainder of these Terms will continue in full force.


(c)     Any waiver of our rights under these Terms is not effective unless in writing signed by us. Any failure or delay by us in exercising a right under these Terms does not constitute a waiver of our rights. Any waiver by us will only waive our specified rights in those specified circumstances and will not waive any of our other rights, or the same rights in other circumstances.


(d)    These Terms constitute the entire agreement between us in relation to the Product Trial, and replace all earlier representations, statements, agreements and understandings.


(e)    These Terms are governed by the laws in force in New South Wales, Australia. You agree to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.