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NEUTROGENA® Collective Application Terms and Conditions

These Terms and Conditions (“Terms”) govern the application and selection process to become part of the Neutrogena® Collective (“Program”). Please ensure you read these Terms fully before applying.

By submitting an application, you (the “Applicant”) agree to be bound by these Terms and the Terms of Use.  In the event of a dispute between these Terms and the Terms of Use, these Terms shall apply over any aspect related to this Program including any materials provided as part of this Program.

  1. THE PROMOTER
    1. The Promoter is Johnson & Johnson Limited of 50-100 Holmers Farm Way, High Wycombe, HP12 4EG (“Promoter”).
  2. THE PROGRAM
    1. The Program is only open to residents of the United Kingdom ,Republic of Ireland, Isle of Man, Channel Islands, aged 18 years or over, except employees (and members of their immediate families/households) of the Promoter, its affiliated companies, their agencies and anyone professional connected with this Program. The Promoter may ask Applicants to provide proof of age.
    2. The Applicant must have a following of 1000+ on TikTok and/or Instagram to apply and participate in the Program.
    3. The Program is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or TikTok.
  3. HOW TO ENTER
    1. The Applicant can apply from 9:00 AM on Wednesday April 17th (the “17/04/2024”) via the submission of a form to the Promoter found at https://www.neutrogena.co.uk/collective(“Application”).
    2. The Application will require the provision of the following information:
      a. Name or personal identifier of the Applicant
      b. Email address of the Applicant
      c. Telephone number of the Applicant
      d. Country of residence of the Applicant
      e. Instagram handle/URL and/or TikTok profile
    3. Applications are limited to one per person and become the property of the Promoter. Entries on behalf of another person will not be accepted and joint submissions are not allowed. 
    4. The Promoter has full discretion on the number of Applicants it chooses and reserves the right to not choose any Collective Members from the Applicants.
    5. Personal details of the Applicant will be used in accordance with these Terms.
    6. The Promoter will not accept responsibility for applications that are not received regardless of cause, including, for example, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind. All internet connection charges and any other expenses which may be incurred due to entering or participating in the Program are the sole responsibility of the Applicant. 
    7. Promoter can share Application with its third party agencies for the purposes of the Program.
  4. ELIGIBILITY
    1. In applying for the Program you confirm that you are eligible to do so. The Promoter may require you to provide proof that you are eligible to apply.
    2. The Promoter will not accept applications that are: automatically generated by computer; completed by third parties or in bulk; illegible, have been altered, reconstructed, forged or tampered with; photocopies and not originals; or incomplete.
    3. The Promoter has discretion as to the number of Applicants chosen to be part of the Program and reserves the right to not choose any Applicants from those Applications submitted.
    4. The Promoter reserves all rights to disqualify your application if your conduct is contrary to the spirit or intention of the Program and to verify all Applicants including but not limited to asking for address and identity details (which must be provided within 14 days). The Promoter may refuse further participation in the application process and disqualify the Applicant where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of this Program’s entry requirements or otherwise where an Applicant has gained unfair advantage in applying for the Program. 
    5. Applicants must comply with the terms of use set by Instagram and TikTok and you confirm you have not by means of any automated programme or similar technique/method, or fraudulent behaviour of any kind acquired any of their social media followers as at the date of applying to the Program, nor shall you acquire any social media followers whilst participating in the Program. 
    6. The Promoter reserves the right to close the Program at any time, without notice, at its sole discretion.
  5. NEUTROGENA® COLLECTIVE MEMBER
    1. Successful applicants will be notified on a monthly basis  of their successful application and will need to provide their full address to become a member of the Program (“Collective Member”). Notification of successful application and request for address details will be sent by either the Promoter or its third party agents using the contact details provided on the application form.  
    2. Unsuccessful applicants will not be notified. The decision of the Promoter or its third party agents is final and no correspondence or discussion will be entered into.
    3. Collective Members will be sent free sample of Neutrogena® products (“Samples”) by the Promoter for trial by the Collective Member. Samples will be delivered by post. The timings of sending Samples will be at the discretion of the Promoter.
    4. As a Collective Member, you agree that any content posted on either your Instagram or TikTok account with #Neutrogenacollective (“Material”) may be used by the Promoter on its own social media accounts, Neutrogena® website, retailer websites and social media accounts and in paid and organic media for marketing campaigns in connection with the Neutrogena® brand at their sole discretion without seeking further permission from you. You agree that the Promoter is under no obligation to make any use of the Material.
    5. As a Collective Member, you agree that you shall disclose in all Material the relationship with the Promoter through the use of #ad and, in any reviews, disclose that you received free products.
    6. In consideration of the provision of Samples, as a Collective Member, you agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, of any intellectual property rights in the Material, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the Materials for such purposes. As a Collective Member, you waive any right you may have to inspect or approve use of the Materials by the Promoter.
    7.  As a Collective Member, you also waive any so-called "moral rights" in the Materials and such rights under section 77 and section 80 of the Copyright Designs and Patents Act 1988 (the “Act”) as you now have or hereafter acquire in relation to the Materials and grant the Promoter all consents under Part II of the Act to enable the Promoter to make the fullest possible use of the Contribution.
    8. Any Material deemed inappropriate, incomplete, incorrect or unsuitable, at the Promoter's sole discretion, may result in the withdrawal of the Collective Member’s membership in the Program.  
      Inappropriate and unsuitable Material includes, but is not limited to:
      a. pornographic or "off-colour" Material,  
      b. political content or propaganda, 
      c. obscene, sexual, profane, lewd, or otherwise offensive Material, 
      d. nudity 
      e. music of any kind 
      f. car license plates, phone numbers or personal addresses 
      g. website or web page links, 
      h. derogatory characterizations of any ethnic, racial, sexual or religious groups, 
      i. any third party materials that may otherwise violate or infringe (or may infringe) copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, 
      j. any Material that infringes or violates someone else's rights or the law, 
      k. any content or performance that has been broadcast or streamed, published or televised on television or as part of a recording of a motion picture film or television programme, 
      l. Material that is not of satisfactory quality (i.e. brightness, focus, volume) to be streamed online 
      m. Material defaming or invading publicity rights or privacy rights of any person, living or deceased, or otherwise infringing upon any person's personal or proprietary rights, 
      n. Material containing Adverse Events regarding use of the Promoter's, or its Affiliates' products, drugs, or devices (Adverse Events means any unexpected or unfavourable symptoms associated with the administration or use of a product, including overdose, abuse/misuse of a product, withdrawal symptoms or lack of efficacy). 
      o. Material containing off-label use of the Promoter's or its affiliated companies' products, drugs or devices. 
      p. Material which shows clothing or other objects showing visible logos, drawings, cartoons, phrases, trademarks or other third-party materials. 
      q. Material which does not comply with the competition theme. 
      r. Material that is deemed dangerous or where health and safety is in question.  
    9. In the event that any Adverse Events are reported as a result of this Program, any related images will need to be retained by the Promoter indefinitely for legal reasons.
    10. The Promoter reserves the right to withdraw its offer to any Collective Member, including access to the Program, at any time, after which you will cease being a Collective Member.
    11. You may withdraw from the Program by writing to the Promoter at any time, after which you will cease being a Collective Member.
    12. The Promoter has no obligation to remove or delete posts to social media platforms or on archival portions of its website(s) that contain Material after you cease being a Collective Member so long as any such materials were posted during the time of your membership and otherwise in accordance with this Agreement.  You agree that Materials created and/or distributed in conjunction with this Agreement and made available during the term of your membership may be retained by third parties and may be available and accessible in print or other media, including, without limitation, online through third party websites, platforms, and/or services, whether during or after your membership, and that (i) the Promoter cannot control all of such availability or accessibility, (ii) such availability or accessibility shall not be deemed a breach of this Agreement, (iii) the Promoter will not have any obligation related thereto, and you will not have any right to require the Promoter to demand removal or cessation of any such availability or accessibility, and  (iv) the Promoter will not be responsible or liable for such availability or accessibility or for the acts or omissions of third parties with respect to such materials.  The foregoing limit on the Promoters liability with respect to third party use of such materials shall survive the term of your membership to the Program.
    13. Membership to the Program is non-transferable.
  6. LIMITATION OF LIABILITY
    1. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the Applicant or Collective Member or accept any liability for any loss, damage, personal injury or death occurring as part of the application process or through use of the Sample except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected. 
  7. INTELLECTUAL PROPERTY RIGHTS
    1. All application forms submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.
  8. DATA PROTECTION
    1. Information regarding personal data, which is provided by you when you submit your application form will be processed in a database for the purpose of managing this Program only. Such information will not be used for any other purpose than as stated in these ‘Terms and Conditions’ or as separately accepted by you. Your personal details will at all times be kept confidential and in accordance with the UK GDPR and Data Protection Act 2018. Click https://www.neutrogena.co.uk/privacy-policy for the Promoter’s Privacy Policy. You can request access to your personal data, or have any inaccuracies rectified, by sending an email to [email protected] . By submitting an application form or participating in the Program as a Collective Member, you agree to the use of your personal data as described here by the Promoter or its agents and suppliers. You can withdraw your consent at any time, but will not longer be able to participate in the Program. If you have separately agreed to opt in to receive communications from the Promoter or a third party then your personal data may be used by them for such purposes, including direct marketing.
  9. GENERAL
    1. The Promoter reserves the right to hold void, suspend, cancel, or amend the application process or Program where it becomes necessary to do so. 
    2. These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.