TikTok #BeautyPopsGlow Competition: Official Rules

TikTok #BeautyPopsGlow Competition

(version dated April 17, 2022)

Please carefully read these contest rules (the “Rules”) that govern your participation in the contest (the “Contest”). By participating in the Contest, you accept without reservation the Rules. The Rules will be published on Love & Pebble’s website.

  1. Organizer

This contest is organized by JPL Products LLC DBA Love & Pebble (“Love & Pebble”), a company organized and existing under the laws of Georgia, having its registered office at 4062 Peachtree Road Suite A #130 Atlanta, Georgia 30319 (the “Organizer”).

For the avoidance of doubt, the Contest is not managed nor sponsored by TikTok or any other platform, app or company other than the Organizer

  1. Duration and scope of the Contest.

The Contest will take place from April 18, 2022 at 12:01 a.m. and will be ongoing until announcement of contest ending (the “Duration of the Contest”):

The Contest is worldwide and everyone above the age of 18 can participate. Participants of the Contest are referred to as individually as a “Participant” and jointly as the “Participants”.

  1. Conditions of participation.

The participation in the Contest is entirely voluntary and free.

In order to participate in the Contest, a Participant must (i) have an active Tik Tok account and (ii) comply with TikTok’s conditions of use. Each Participant must release TikTok from any liabilities regarding the Contest and may be required to sign a waiver towards TikTok at any time during the Contest. By participating in the Contest, each Participant acknowledges that the Contest is not managed nor sponsored by TikTok, or any other platform, app or company other than the Organizer.

Steps to be followed to participate:

  1. Participant will create and upload on their account a public TikTok video showing Love & Pebble’s Beauty Pops. It must be at least 15 seconds long and must include a “before and after”. Participant will tag “loveandpebble” and use the hashtag #BeautyPopsGlow.
  2. If Participant’s video gets at least 100,000 views within 2 weeks of posting it, Participant shall receive the choice of either $100 via Paypal.

By tagging @loveandpebble’s TikTok account, the Participant agrees with the Rules and gives their consent to Love & Pebble to repost his/her post on their TikTok account and have rights to Participant’s video.

Exclusion from the Contest:

The Organizer reserves the right to cancel the participation of a Participant for any of the following conditions: (i) fraud committed by the Participant in the framework of the Contest, (ii) publication of content that is sexually explicit or suggestive, violent or abusive to any person or any ethnic, racial, sexual, religious, professional or age group; (iii) promotion of alcohol, illegal drugs, tobacco, weapons in general or firearms in particular (or the use of any of the foregoing); (iv) promotion of any activity that may be considered unethical, illegal or dangerous; (v) dissemination of obscene or offensive language or encouraging any form of hate or hate propaganda group; (vi) defamation, libel, distortion, false or misleading information or publication of content containing detrimental or derogatory comments about other people, groups or companies; (vii) violation of any applicable laws or regulations, including, but not limited to, those governing copyright, content, defamation, privacy and publicity.

  1. Selection of the winner:

Participant must contact Love & Pebble when they meet the criteria from 3A-B by sending email to hello@loveandpebble.com with their TikTok handle. Love & Pebble will verify the winner and winner will be required to provide the following information: name and paypal email where the prize money can be transferred.

The winner will receive only one email which should be responded to within 3 days; there will be no reminder emails. Winner will forfeit the prize if there is no response after 3 days.

  1. Announcement of the winner

Love & Pebble will announce the winner on Tiktok via a duet with winner.

  1. Prize and delivery

Prize

The prize to be awarded to each winner is $100 USD (or an equivalent in local currency depending on the countries where the Participants are located) via Paypal.com

The prize is nominative and cannot be attributed to a person other than the winners selected according to Article 4. The prize or the awarding of the prize shall not be grounds for any dispute whatsoever, nor for award of its monetary value in cash, nor for its exchange or replacement. Participants are informed that the sale or exchange of prizes is strictly prohibited. The Organizer shall not be liable for any incidents resulting out of the use of the prize by the winner. 

The Organizer reserves the right to substitute the prize described above with another prize of substantially equivalent value.

The Organizer reserves the rights not to attribute the prize to the winner if he/she does not comply with the requirements of the Rules.

Delivery of the prize

The delivery costs will be borne by the Organizer. The prize will be electronically delivered via Paypal or shipped to the winners within a maximum period of 2 months after Love & Pebble confirms the Participant completed the requirements for winning.

The Organizer cannot be held responsible for sending the prize to an incorrect address due to the negligence of the winner. If the prize could not be delivered to the winner’s address for any reason beyond the Organizer's control, the prize will definitely remain the property of the Organizer.

  1. Personal Data

The personal data concerning the Participants, collected within the framework of the Contest on the legal basis of consent, are mandatory and necessary for the treatment of their participation and its management purposes.

By participating in the Contest, the Participants give their consent to and voluntarily authorize:

* the Organizer, acting as Data Controller, to collect, access and use their TikTok User Name, for sending the Direct Message (DM) to the winner;

* the Organizer, acting as Data Controller, to republish the posts as described above and if required to add them to other contest related content, or in the creation of other videos that could be published by Love & Pebble on social media including, without limitation TikTok, Instagram, Facebook, Twitter or LinkedIn.

* the Organizer, acting as Data Controller and the companies of Love & Pebble, as processor, to process (including but not limited to collect, access, and transfer) the following personal data of the winner: first name, last name, email address, residence address for the purpose of participating in the Contest.

The Participants understand, acknowledge, and accept that their personal data may be transferred to countries, territories or organizations that are located outside the US and are not recognized as ensuring an adequate level of protection by the US. Furthermore, the Participants expressly and voluntarily agree, consent, give their permission to, and allow the Organizer to disclose their personal data to any companies of Love & Pebble.

The Participants understand, acknowledge, and accept that their first name and last name as well as their country of location will publicly be shared by Love and Pebble’s TikTok account and Instagram account and may also be publicly shared by Love and Pebble’s  Facebook, Twitter and LinkedIn official accounts.

Love & Pebble will retain the Participants’ personal data for 2 months after the end of the Contest. Love & Pebble may retain the Participant’ personal data for a longer period if they are winners of the Contest: his/her personal data may be retained until the prize has been delivered to him/her if the prize is delivered more than 2 months after the end of the Contest.

More information about the manner in which Love & Pebble processes personal data and the rights of individual data subjects in relation to their personal data are set out in Love & Pebble’s Privacy Policy. The Participants understand that they may withdraw from the Contest at any time by deleting their TikTok posts submitted for the Contest as specified in these Rules. Such withdrawal from the Contest will not affect any prior processing activities carried out or have any other detrimental effect on them.

  1. Limitation of liability

To the maximum extent permitted by applicable laws and regulations, any prize that becomes unavailable for any reason beyond the Organizer's control may be substituted with a similar prize of equivalent value. Love & Pebble (including their respective officers, employees and agents) shall not be liable for any damages or losses (including, without limitation, indirect or consequential damages or losses) arising out of the Contest or use of the prize, except for liabilities that cannot be excluded by law.

Love & Pebble shall not be liable for any incorrect, inaccurate or incomplete information provided during or in connection with the Contest if such failure to provide information is due to any cause beyond Love & Pebble’s control.

Love & Pebble shall not be liable for any force majeure event or any other causes beyond Love & Pebble’s control.

Love & Pebble shall not be liable for any problems or technical malfunction of any phone, network, servers, computer equipment, software, technical problems or traffic congestion, or any combination of the foregoing, or for any other technical malfunction related to or resulting from participation in the Contest, or from downloading materials related to this Contest. If, for any reason whatsoever, this Contest cannot be run as planned due to computer viruses, bugs, tampering, unauthorized interventions, technical failures or for any other reason beyond Love & Pebble’s control, Love & Pebble reserves the right, in its sole discretion, to modify or delay the Contest, subject to written instructions in accordance with applicable laws and regulations.

Should a failure in the winner determination system result in an excessive number of winners, the Organizer will not be liable to all Participants beyond the total number of prizes announced in these Rules. In the event of such a failure, the Organizer may decide to declare the entire process of determining the winner null and void and cancel the Contest, and at its sole option, re-run the Contest at a later time. The Organizer reserves the right, however, not to cancel the Contest and to award a validly won prize if the determination of the actual winner is technically feasible and fair to all Participants.

The Organizer may cancel all or part of the Contest if it appears that a fraud has occurred in any form whatsoever, particularly in the computerized system or in the determination of the winner. In this case, the Organizer reserves the right not to award the prize to the person the Organizer identifies as committing or assisting in the fraud. Love & Pebble shall not incur any liability of any kind towards the Participants as a result of any fraud committed.

Love & Pebble shall have no liability for the content and use of TikTok by the Participants.

  1. Intellectual property

All brands or product names mentioned are trademarks of their respective owners.

  1. Consents and recommendations. Copyright.

By participating in the Contest, the Participants agree to the below:
-  The Participants take part in the Contest of their own free will and personal choice, excluding any link of subordination and any professional activity

-  The time spent participating in the Contest is not and shall never be considered working time.

-  The Participants understand and will comply with recommendations of respective national and local public sanitary and healthcare authorities in the country where the Participants are taking part in the Contest. The Participants represent that they are in good physical condition and have no medical reason or impairment that might prevent them from their intended participation in the Contest, that Love & Pebble or any of its shareholders, directors, officers, employees, representatives, and/or affiliated entities (collectively referred to herein as the “Released Parties”) do not give the Participants any medical advice relating to the Participants’ medical or physical condition and/or the Participants’ ability to participate in the Contest.

-  If the Participants have any health or medical concerns at any time before, during or after their participation in the Contest, they will immediately withdraw from the Contest and/or discuss them with their doctor, as may be appropriate.
-  The Participants declare that they have their own personal insurance covering any and all bodily injuries or material damages that they may sustain while participating in the Contest, and only the Participants shall be responsible for any accident, injury or damage the Participants may sustain.

-  The Participants understand that participation in physical activities is inherently dangerous and that the Participants are at risk of physical injury or death. The Participants are aware of the potential dangers of engaging in such activities.

-  The Participants voluntarily assume all risk(s) of personal injury, accidents, disease and/or illness including, but not limited to, sprains; torn muscles and/or ligaments; fractures or broken bones; eye damage; cuts; wounds; scrapes; abrasions; contusions; dehydration; oxygen shortage (anoxia); exposure and/or altitude sickness; head, neck or spinal injuries; shock; paralysis and/or death.

-  The Participants acknowledge that they have carefully read these Rules and fully understand that it is a release of all liability against the Released Parties. In addition, the Participants hereby waive any right that they may have otherwise had to bring a legal action or assert any claim for injury or loss of any kind against any of the Released Parties for negligence arising out of or relating to the Participants’ participation in the Contest in which the Participants have chosen to participate or on account of any injury, illness, disease, accident, or damage to or loss of the Participants’ personal property.

- Without expectation of compensation or any other remuneration, now or in the future, the Participants give their consent to and voluntarily authorize Love & Pebble to make use of the Participants’ photographic images, videos, audio and testimonials that the Participants submitted to the Contest and the Participants’ associated personal data, including processing (including but not limited to collection, access, and transfer), for the purpose of promoting and marketing Love & Pebble activity related to addressing the Contest; this may include any derivative works, videos and numeric films, printed (brochures, presentations and newsletters) and electronic publications, audios, online presentations, press releases, photo galleries, news media, social media, advertising materials, through Internet, online and off-line media channels, including any other media that Love & Pebble might use to promote Love & Pebble in the future. Such use and publications are intended for an indefinite period in any and all countries of the world. The Participants understand that those may be viewed by any person over the Internet and it cannot be ruled out that such person makes further use of those.

  1. Dispute and governing law.

By participating in the Contest, the Participants accept the Rules without reservation. In the event that any provision of these Rules is held to be illegal or unenforceable, such provision shall be limited or stricken to the minimum extent necessary so that these Rules shall otherwise remain in full force and effect and be enforceable.

Any dispute must be sent to the Organizer by registered mail within one (1) month of the end of the Contest.

These Rules are governed by US laws and any dispute shall be subject to the competent jurisdiction in the US.