Jolie 2024 Brand Challenge Terms and Conditions

Jolie 2024 Brand Challenge Official Rules

OPEN TO RESIDENTS OF THE UNITED STATES OF AMERICA, WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 21 YEARS OLD AND REGISTERED WITH TIKTOK AS A TIKTOK SHOP CREATOR

Sponsor

Jolie Skin Co (“Sponsor”).

Eligibility

The Jolie 2024 Brand Challenge (the “Brand Challenge”) is open to residents of the United States Of America, and who are twenty one years of age or older at the time of entry.

The following individuals are not eligible to enter or win a prize: employees, representatives, agents, directors, and officers of the Sponsor, its parents, subsidiaries, affiliated companies, and marketing agencies, or any other parties involved in the administration of the Brand Challenge and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each.

Each individual participant may not submit more than three (3) entries into the Brand Challenge.

By participating in this Brand Challenge, you agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor, which shall be final in all matters relating to the Brand Challenge.

Brand Challenge Entry Period

The Brand Challenge entry period begins on March 1st, 2024 at 9am EST and ends on March 31st, 2024 at 11:59:59 PM EST (“Entry Period”). Sponsor’s computer is the official time keeping device for the Brand Challenge.

How to Enter

To enter, during the Entry Period, you must:

Be an approved TikTok Shop Creator older than 21 years old
Create a 15 second - 1 minute video that features your hair and skin transformation with The Jolie Filtered Showerhead or speak to the product’s benefits.
Use the hashtag #MyJolie in your video description and link Jolie’s product you are showcasing.
Upload the Video Submission to your TikTok account. Your use of the Tiktok platform shall be subject to Tiktok’s Terms and Conditions and Jolie Skin Co’s Terms and Conditions: https://jolieskinco.com/pages/terms-and-conditions (“Jolie Skin Co Terms”).
Send your video application to team@jolieskinco.com with #MyJolie in the Subject Line.

Compliance with the entry requirements will be determined by Sponsor in its sole discretion. The Video Submission and Registration Form cannot be edited once submitted.

Submission Guidelines

By submitting the Video Submission to Jolie Skin Co and participating in the Brand Challenge, you represent and warrant that:

you have all rights necessary to submit the Video Submission, including without limitation, the title or rights in any content, trademarks, artwork, text, and/or music featured in the Video Submission, and you have the right to grant Sponsor the rights to use the Video Submission as set forth in these Official Rules;

use of the Video Submission in accordance with these Official Rules will not require Sponsor or any third party to pay any monies or royalties to Team or any third party; and

your Video Submission:

is original to you and not previously submitted in other events, Brand Challenges, or competitions;

does not contain content that violates or infringes another’s rights, including but not limited to, privacy, publicity, copyright, trademark, trade secret, trade dress, patent, or any other intellectual property rights;

does not disparage Sponsor or any other person or party affiliated with the promotion and administration of the Brand Challenge, or such parties’ products or services;

does not contain material that is indecent, lewd, pornographic, obscene, profane, hateful, defamatory, slanderous or libelous, or that promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), or violence, illegal conduct, or animal cruelty;

does not promote discrimination against or contempt for other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease;

does not contain any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to interfere with or cause harm to Jolie’s website/platform or any computer or software;

is appropriate for the general public; and

does not contain material that is unlawful in any jurisdiction where your Video Submission is created.

Submissions that violate, as determined by the Sponsor, in its sole discretion, the entry requirements, including without limitation the above representations and warranties, or do not meet the entry deadlines will be disqualified from the Brand Challenge. By posting the Video Submission and participating in the Brand Challenge, you agree to indemnify and hold the Brand Challenge Parties harmless from any and all claims, demands, causes of action and judgments (including attorney’s fees, court costs and expert’s fees) arising out of or relating to any breach by you of any of the foregoing representations and warranties.

Winner Selection and Notification

Sponsor shall announce one (1) winning Individual, as defined below (the “Winner”) on or about April 15, 2024 as determined by the judges’ scoring based on the following criteria:

Quality of the overall video composition
Persuasiveness of the video’s narrative & message
Originality & creativity of the video

Each entry will receive a 1-10 grade for each of the above categories, from each judge, for a maximum of 40 points per judge. The highest average score across all judges will determine the Winner. The judges’ ratings and decisions are final and binding on all participants. The judges’ scores will not be shared with the participants or general public. In the event of any tie, the Winner shall be determined looking at the individual scores of the judging panel in a predetermined hierarchy. The decisions of the judges shall be final in all respects.

The Winner is subject to verification, including verification of age and residency. The Winner may be required to complete, sign, notarize and return an affidavit of eligibility/liability release, a publicity release, and other documentation confirming Sponsor’s rights in connection with the Video Submission.

If the Winner (i) is determined to be ineligible or otherwise disqualified by Sponsor, (ii) fails to respond to Sponsor’s first Winner notification message within 48 hours of notification or after two (2) attempts (whichever occurs first), or (iii) fails to timely provide any information requested by Sponsor (e.g., information needed by Sponsor to deliver any prize) or timely execute and return any documents required by Sponsor, the Winner will be disqualified and forfeit all interest in any prize. If the Winner is disqualified, Sponsor reserves the right to select a substitute Winner or not award the unclaimed prize(s).

Prizes and Prize Claims

The Winner will win:

$5,000

All amounts are in United States dollars.

The right to receive a prize cannot be transferred or assigned. No cash or other prize substitution is permitted, except at the sole discretion of the Sponsor. The prize is subject to availability and if the prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute the prize with one of comparable or greater retail value.

The individual entrant Winner is solely responsible for all federal, state, local, provincial/territorial, or other applicable taxes associated with the acceptance and use of the prizes. The Winner agrees and acknowledges that Sponsor may be required to withhold and remit a portion of prize value to comply with applicable tax laws. The Winner also agrees to provide Sponsor with a valid social security number or any other information Sponsor may require in connection with applicable tax reporting or withholding requirements or other laws or regulations.

All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the Winner.

Publicity

Except where prohibited by law, the entrants hereby grant Sponsor and its representatives an irrevocable, perpetual, worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the submitted content and information about the prize award, in any way, at any time, in any and all media, including without limitation, for use in advertising and marketing, without any additional approval or consideration. By act of submission, entrants represent and warrant that they have the right to grant the foregoing license.

OWNERSHIP OF AND RIGHTS TO YOUR VIDEO SUBMISSIONS

By entering the Brand Challenge and submitting a Video Submission, you (and your Team) hereby grant to Sponsor and its successors and assigns a non-exclusive, perpetual, irrevocable, transferable, worldwide, royalty-free, fully-paid right and license, with the right to sublicense through multiple levels of sublicensees, to all of your intellectual property rights in and to its Video Submission, to publicly perform, publicly display, digitally transmit, distribute, copy, modify, create derivative works, and otherwise use the Video Submission on Sponsor’s social media accounts, blogs, websites, and platform; as well as in promotional materials created by Sponsor, its investors, or other partners, including for purposes of marketing Sponsor, Sponsor’s products and services and the Brand Challenge, without the need for further approval. Sponsor and its licensees may modify or edit the Video Submission to ensure the quality or for any purpose that Sponsor deems necessary or desirable in Sponsor’s sole discretion, and by entering the Brand Challenge, you grant Sponsor a fully-paid, irrevocable, perpetual, royalty-free, worldwide, transferable, and sublicensable right and license to make such modifications to the Video Submission. To the fullest extent permitted by applicable law, you hereby unconditionally and irrevocably waive all, and the enforcement of all, moral rights that you may have, if any, in the Video Submission. Subject to the rights and licenses conveyed herein, you (and your Team) shall retain sole and exclusive right, title and interest in and to your Video Submission and all intellectual property rights thereto.

Limitations of Liability of Brand Challenge Parties

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE (I) THE BRAND CHALLENGE PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR CONNECTED WITH (A) THE BRAND CHALLENGE OR (B) ANY PRIZE AWARDED, AND (II) YOUR REMEDIES FOR ANY CLAIMS RELATING TO THE BRAND CHALLENGE ARE LIMITED TO YOUR ACTUAL OUT-OF-POCKET EXPENSES OF PARTICIPATION IN THE BRAND CHALLENGE (IF ANY).

The Brand Challenge Parties assume no liability and are not responsible for, and by entering the Brand Challenge, you hereby waive and release the Brand Challenge Parties from, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising out of or relating to the Brand Challenge and/or the receipt, use or misuse of any prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, mobile device, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmission, Winner notifications, prize claims or other information or communications relating to the Brand Challenge, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, Winner notifications or other announcements or communications relating to the Brand Challenge. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only ten prizes, as stated above, from all eligible entries. In no event will more than the stated number of prizes be awarded.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS Brand Challenge MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor may prohibit an entrant from participating in the Brand Challenge or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Brand Challenge by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or any Brand Challenge Parties.

For California Residents Only: You hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Sponsor’s Reservation of Rights

If the Brand Challenge is not practically capable of running as planned for any reason outside the control of the Sponsor, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, government orders, natural disasters, the effects of COVID-19 or any pandemic or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Brand Challenge, Sponsor reserves the right, at its sole discretion, to modify, suspend, or cancel the Brand Challenge. In the event of cancellation, Sponsor reserves the right to select the Winner from all non-suspect, eligible entries submitted as of the time of cancellation. Sponsor reserves the right to award less than ten (10) prizes, if there are less than ten (10) entries received.

Governing Law

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of entrants and the Winner, and the rights and obligations of the Sponsor in connection with the Brand Challenge, shall be governed by, and construed in accordance with, the laws of State of New York, without giving effect to any choice of law or conflict of law rules, and any disputes will be subject to the exclusive jurisdiction of the courts of New York, New York. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

Privacy

Any personally identifiable information collected during an entrant’s participation in the Brand Challenge will be collected and used by Sponsor and its designees for the administration and fulfillment of the Brand Challenge and as otherwise described in these Official Rules and Sponsor’s privacy policy available aT https://jolieskinco.com/pages/privacy-policy.

Winner Information

To obtain information about the Winner, send an email to team@jolieskinco.com with “Jolie 2024 Brand Challenge - Winner Information” in the subject line. Requests must be received no later than sixty (60) days after the end of the Entry Period.