TERMS AND CONDITIONS FOR THE GIFT WITH PURCHASE
YSL Beauty Night Blocks NFT Attribution
Thank you for your interest in this NFT attribution (hereinafter the “NFT Attribution”)!
L’OREAL, Société Anonyme with a capital of 107 037 312,40 €, registered with the RCS de Paris under number 632 012 100, whose registered offices are located at 14, rue Royale – 75008 Paris acting for its brand YVES SAINT LAURENT BEAUTE (hereinafter the “Organizer”)
The NFT Attribution allows people who have completed the enrollment steps in accordance with the present terms and conditions to try to collect an NFT when purchasing a Black Opium fragrance and to win utilities (offline, online or on-chain) linked to the NFT as may be offered by the Organizer. In addition, each NFT allows each NFT owner to be part of the Yves Saint Laurent Beauté program membership which will allow him/her, when making purchases on items identified by the Organizer, to get rewards, benefits and/or rebates offered by the Organizer from time to time and at the discretion of the Organizer.
Please read these terms and conditions carefully, which govern your participation in the NFT Attribution. By participating, you unconditionally accept and agree to these terms and conditions and any decision reached by the Organizer or the Local Organizer, which is final and binding in all matters related to the NFT Attribution as well as all applicable laws and regulations, including without limitation those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems. All details related to specific conditions of NFT Attribution as well as terms of use of each NFT are detailed on the Yves Saint Laurent Web3 website (hereinafter the “YSL Web3 Website”) .
These terms and conditions shall be available on the website of the Local Organizer e-commerce website (hereinafter the “Local Website”) and the YSL Web3 Website for the duration of the NFT Attribution: web3.yslbeauty.com/
ARTICLE 1: OBJECT, DURATION AND GEOGRAPHICAL SCOPE OF THE NFT ATTRIBUTION
1.1. Object:
For this NFT Attribution, the Organizer will drop a total of 2,014 NFTs which could allow the NFT owner (hereinafter “NFT Owner”) to benefit from utilities according to the level of scarcity of the NFT (as set out in article 3). Each NFT Owner will be able to access other utilities that will be made available from time to time by the Organizer as per the terms and conditions available on the YSL Web3 Website.
This NFT Attribution is the first chapter of the Black Opium “The Night is Ours” activation which will include a second chapter under which the Organizer will drop 300 NFTs to support 3 Local Organizer’s partner non-profit organisations, part of the global “Abuse is Not Love” program from Yves Saint Laurent Beauty. The drop will take place within the framework of a private sale first where only YSL Beauty Blocks NFT owners will be able to buy a NFT, followed by a public sale if NFTs are not sold out during the private sales.
1.2. Duration:The NFT Attribution shall take place from January, 30th to June, 30th from 10am (Paris time) to 12pm (Paris time). The Organizer reserves the right to shorten or extend the duration as it sees fit, in its sole discretion.
1.3. Geographical Scope:
This NFT Attribution is open exclusively to customers purchasing a Black Opium fragrance from YSL Beauty’s e-commerce websites in the United Kingdom (https://www.yslbeauty.co.uk/), United States of America (https://www.yslbeautyus.com/), France (https://www.yslbeauty.fr/) or Australia (https://www.yslbeauty.com.au/.
The list of Black Opium fragrances eligible :, Black Opium Le Parfum in 10ml, 30ml, 50ml, and 90ml, Black Opium Eau de Parfum in 10ml, 30ml, 50ml, 90ml and 150ml, Black Opium Eau de Parfum Illicit Green in 10ml, 30ml, 75ml, Black Opium Eau de Parfum Extreme in 10ml, 30ml, 50ml, and 90ml.
ARTICLE 2: TERMS OF PARTICIPATION
2.1. Participation requirements
2.1.1. The NFT Attribution shall be open exclusively to individuals who have attained the age of 16 years old. For this purpose, you may be required to provide a valid identification document.
2.1.2. To participate in the NFT Attribution, members must place an order for one or more Black Opium fragrance on the Local Website during the duration (as indicated in Article 2.2.). One order will correspond to 1 NFT to be claimed after purchase.
2.1.3. Claim of the NFT shall take place through the YSL Beauty Wallet app by clicking on the link displayed on a dedicated newsletter buyers will receive post purchase.
2.1.4. Claim of the rewards unlocked by the NFT shall take place by connecting your YSL Beauty Wallet on https://web3.yslbeauty.com/
2.2. NFT Attribution mechanic
In order to participate and in accordance with Article 3, any participant shall follow the following steps:
- Purchase Black Opium fragrance on Local Organizer Website available at this url: https://www.yslbeautyus.com/ between January, 30th and June, 30th
- Claim the NFT by clicking on the link available on the email sent by Local Organizer post-purchase. The link will allow the user to download the YSL Beauty Wallet app if not downloaded yet and directly claim the NFT.
The number of NFT being limited (see article 3 below), the NFT claim is based on a “first come, first served” basis and the type of NFT collected by the NFT Owner is completely random.
Any attempted fraud or abuse shall immediately entail the relevant participant or NFT Owner’s expulsion from the NFT Attribution. Members shall generally abstain from using any such participation method not in compliance with these terms and conditions. Authorized participation in the NFT Attribution may be verified via the different technical means available to the Organizer.
ARTICLE 3: NFT DROP DETAILS AND UTILITIES
3.1. NFT designs: Two (2) different designs linked to the Yves Saint Laurent Black Opium universe:
- NFT #01: YSL Beauty Night Block - the original edition; and
- NFT #02: YSL Beauty Night Block – the rare edition.
3.2. The total 2,014 NFTs which could be claimed by and assigned randomly to participants shall be divided into two (2) levels of scarcity with the following utilities linked to the claim of the NFT:
3.2.1 Level of Scarcity n°1 for NFT #01:
The 2000 Winners of the NFT #01 shall be awarded the following Utilities:
- Allow listing to “Black Opium The Night is ours Chapter 2” NFT sale which will take place in March 2023 on https://web3.yslbeauty.com/;
- A $10 off voucher for a new order above $50 made before July, 31st 2023 on the Local Organizer Website available at this url: https://www.yslbeautyus.com/; and
- An exclusive behind-the-scenes content with master perfumer Nathalie Lorson.
3.2.2 Level of Scarcity n°2 for NFT #02: The Ultra Rare NFT
The 14 Winners of the NFT #02 shall be awarded the following Utilities:
- Allow listing to “Black Opium The Night is ours Chapter 2” NFT sale which will take place in March 2023 on https://web3.yslbeauty.com/;
- A $10 off voucher for a new order above $50 made before July, 31st 2023 on the Local Organizer Website available at this url: https://www.yslbeautyus.com/; and
- An exclusive behind-the-scenes content with master perfumer Nathalie Lorson;
- An Yves Saint Laurent Beauty customized set composed of: Black Opium Le Parfum 90ml, Crushliner N° 1, Velvet Crush N° 32, Lash Clash Mascara, Rouge Pur Couture The Bold N° 10, Rouge Pur Couture The Slim Vibing Nudes N° 35which will be sent by mail within a period of 3 months following receipt of the Winner’s postal address through a form to be filled in
NFT Utilities may only be redeemed by residents of: United States of America, United Kingdom, France, and Australia.
ARTICLE 4: PERSONAL DATA
The Organizer may process personal data related to the participants in connection with the NFT Attribution, including for the purpose of the participation (e.g. to provide NFT Owners with their utilities). More information on the processing of personal data is available at https://web3.yslbeauty.com/ the YSL Web3 Website.
ARTICLE 5: INTELLECTUAL PROPERTY
5.1. License. For as long as you lawfully own a NFT, the Organizer grants you a non-exclusive, non-sublicensable, perpetual, irrevocable (except as set forth in Section 5.4 below) worldwide license under our copyrights to use, distribute, reproduce, display, and perform (but not modify) the specific artwork, images, video, content, benefits, rewards or other works of authorship linked to your specific NFT (“NFT Media”) for personal, non-commercial uses
5.2. Reservation of Rights. The Organizer retains all right, title and interest in the NFT Media and all copyright, trademark or other intellectual property rights in any NFT Media. Except for the license rights expressly granted in Section 5.1, above, you do not have and will not have any right, title or interest in or to any NFT Media. Without limiting the foregoing, the NFT Media may include trade names, brands, logos, trademarks, names, likenesses, images or other personal characteristics of persons or characters (“Embedded IP”). Your use of such Embedded IP is limited to use in connection with the exercise of your license rights under these Terms and subject to all limitations set forth herein and any other restrictions that the Organizer may inform you of in the future. You may not use any such Embedded IP in connection with any business, product or service, or in any manner that may imply endorsement of any business, message, product or service, or that is likely to cause confusion or dilute, blur or tarnish such Embedded IP. All use of such Embedded IP, including any goodwill generated by such use, will inure to the benefit of the Organizer and its Affiliates. An “Affiliate” of Organizer is any entity that controls, is controlled by or is under common control with Organizer whether now or in the future, and where “control” means ownership of 50% or more of the shares or other ownership interest if an entity or the ability to direct the management or policies of an entity.
5.3 Transfer. The licenses granted in these Terms are non-transferrable, except that if you lawfully transfer ownership of your NFT, the license to the NFT Media in Section 5.1 to you shall terminate upon the effective date of such transfer, and such licenses will be assigned to the new owner of the NFT associated with such NFT Media. As a condition to sales, transfers or similar transactions of the NFT, the transferee agrees upon the acquisition of the NFT that (a) the transferee is not a Restricted Party and (b) the transferee accepts these Terms. “Restricted Party” shall mean any of the following: (i) any person related in any way to, the governments of, or any persons within, any country or jurisdiction under a U.S. embargo enforced by the Office of Foreign Assets Control (“OFAC”), or any persons who are named on any list of sanctioned individuals or entities; (ii) any person prohibited from the transacting hereunder pursuant to U.S. anti-money laundering, anti-terrorist, economic sanctions and asset control laws; and/or (iii) any resident of a country or jurisdiction under a U.S. embargo enforced by OFAC.
5.4 Restrictions. Notwithstanding any of the above, you may not use the NFT Media in any way that constitutes unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, cruel, illegal or obscene, or that promotes any such activity, as determined in the Organizer’s sole discretion.
ARTICLE 6: LIABILITY
6.1. Liability of the Organizer. The Organizer shall not be held liable in case of force majeure or unpredictable events beyond its control caused by a third party. Further, the Organizer shall not be held liable for any consequences affecting your participation in the NFT Attribution if any information provided by you is incorrect, inaccurate, or incomplete and, in any event, with the exception of liability which cannot be excluded by law, the Organizer is not liable for, and you release the Organizer from, liabilities relating to any direct or indirect loss or damage which is suffered as a result of this NFT Attribution or accepting or using the Utilities.
6.2. Liability of the Local Organizer. The Local Organizer is not liable for orders that are lost, regardless of cause, including, for example as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
6.3 Disclaimers. Your access to and use of the NFT and NFT media is at your own risk. Except as expressly set forth herein, to the maximum extent permitted under applicable law, the organizer, its parents, affiliates, partners, employees, officers, directors, contractors, agents, licensors and equity holders (the “organizer entities”) disclaim all warranties and conditions, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title and non-infringement in the NFTs and NFT media. The organizer entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, originality, security or reliability of the NFTs and NFT media; (b) the operation or compatibility with any other application or any particular system, device, blockchain, digital wallet, hardware or marketplace; and (c) whether the NFTs and NFT media will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (d) the deletion of, or the failure to store or transmit the NFTs and NFT media. The NFTs and NFT media are intended for consumer enjoyment, use and consumption only.2.2 limitations of liability. To the extent not prohibited by law, you agree that in no event will the organizer entities be liable (a) for any indirect, special, exemplary, incidental, consequential or punitive damages (including, but not limited to, procurement of substitute goods or services, loss of use, data or profits, business interruption or any other damages or losses, arising out of or related to your use or inability to use the NFT or the NFT media, however caused and under any theory of liability, whether under these terms or otherwise arising in any way in connection with the NFTs and NFT media or these terms and whether in contract, product liability or tort (including strict liability or negligence) or otherwise, even if the organizer entities have been advised of the possibility of such damage, or (b) for any other claim, demand or damages whatsoever resulting from or arising out of or in connection with these terms or the delivery, use or performance of the NFTs and NFT media. The maximum aggregate liability of the organizer entities for all damages and causes of action, whether in contract, tort (including strict liability or negligence) or otherwise, shall be the greater of (I) $100. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.
The Organizer reserves the right to vary these terms and conditions or cancel the promotion at any stage in the event of circumstances arising beyond its reasonable control. Should exceptional circumstances so require, the Organizer reserves the right to postpone, shorten, extend, modify, cancel, or suspend the NFT Attribution. In such case, the Organizer shall inform you promptly via notification sent through the YSL Beauty Wallet app and/or through email Any change shall be reflected in these terms and conditions.
ARTICLE 8: GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by US law.
Any dispute that may arise in connection with the NFT Attribution shall be referred to the US courts of competent jurisdiction.
