November Tiktok Creators Corner TOS
Social Media Influencer “November Challenge” Rewards Program
Terms and Conditions
Thank you for your support of the PHYSICIAN’S CHOICE® brand on social media!
To show our appreciation of the Creators’ Corner influencers who promote our brand, we are announcing our Social Media Influencer “November Challenge” Rewards Program (the “November Challenge Rewards Program”). This document sets for the terms and conditions for the November Challenge Rewards Program (this document is referred to as the “T&C”). As used in these T&C, “you” means an eligible Creators’ Corner social media influencer and “we,” “us,” or “PC” means JB7, LLC d/b/a Physician’s Choice.
By participating in the November Challenge Rewards Program, you are agreeing and acknowledging that you understand these T&C and agree to comply with and be bound by all of the terms below.
1. ELIGIBILITY AND PARTICIPATION
The November Challenge Rewards Program is open to social media influencers who are members of the “Creators’ Corner” Discord community/group who have agreed to comply with the Physician’s Choice brand standards set forth in any compliance or content briefs made available by us. The November Challenge Rewards Program is only open to influencers over the age of 18. The November Challenge Rewards Program does not apply to influencers in any jurisdiction in which the influencer’s participation is prohibited by law.
We may terminate the participation of you or any individual influencer in the November Challenge Rewards Program at any time in our discretion without notice, without liability or responsibility to fulfill any Rewards (as defined below). In particular:
(i) Your participation in the November Challenge Rewards Program will be deemed automatically terminated in the event that your membership in the Creators’ Corner Discord community/group is terminated or expires for any reason.
(ii) We may terminate your participation in the November Challenge Rewards Program in the event that we determine, in our discretion, that (a) you have made any statements that are untrue or inappropriate; (b) you have violated our brand compliance brief and content brief in any manner; (c) you have violated any applicable laws, statutes, regulations or TikTok or other platform guidelines in your activities; (d) you have committed or are alleged to have committed any criminal act or other act involving moral turpitude, drugs, or any other felony or related activities; (e) you have committed any act or become involved in any situation or occurrence which brings you into public disrepute, contempt, scandal or ridicule, or which shocks or offends the community or any group or class thereof, or which reflects unfavorably upon the Physician’s Choice brand or reduces the commercial value of your association with us; (f) information becomes public about you having engaged in conduct as described in the foregoing clauses (a) through (e) above; or (g) your conduct reflects or could reflect negatively on us, the Physician’s Choice brand, our products or services, or our principals. We also reserve the right to modify our calculation of your performance under Section 3 below as we deem appropriate to eliminate any credit related to your improper actions, in our discretion.
2. REWARDS PROGRAM TERM
This November Challenge Rewards Program shall apply for the period of November 1, 2024 to November 30, 2024, U.S. Mountain Time Zone (the “Rewards Program Term”). The rewards will be granted based on your performance during the Rewards Program Term as described in Section 3 below.
3. REWARDS AND REWARD TIERS
The November Challenge Rewards Program is based on the Gross Merchandise Value (GMV) generated from your videos during the Rewards Program Term from the sale of official Physician’s Choice products to legitimate third party customers through Physician’s Choice’s official TikTok store, as tracked by TikTok. To claim a Reward, you must report your claimed GMV to us by e-mail (to awards@physicianschoice.com) between December 1, 2024 and December 7, 2024 (U.S. Mountain Time). We will verify the information you provide against the information in our TikTok dashboard.
If you have multiple Tiktok accounts, the Gross Merchandise Value from all such accounts shall be combined for purposes of determining your total Gross Merchandise Value and Rewards. Only purchases by legitimate third party customers will be counted toward the Gross Merchandise Value. You are not permitted to make purchases directly or indirectly for purposes of artificially inflating your Gross Merchandise Value.
In the event of any dispute, the determination of the amount of the Gross Merchandise Value shall be made by us at our discretion.
The rewards (“Rewards”) available under the November Challenge Rewards Program are as follows:
Gross Merchandise Value (GMV) |
Reward (Approximate Cash Value1) |
$400.00 |
Ring Light (model selected by us6) ($50) + $40 Cash ($40) |
$1,500.00 |
$250 Cash that can be used for Buying TikTok Shop Account ($250) + $150 Amazon Gift Card ($150) |
$3,500.00 |
DJI Mini 4 Pro Drone ($1,000) |
$10,000.00 |
iPhone 16 Pro Max ($1,200) + Apple AirPods Max ($500) + $200 cash ($200) |
$20,000.00 |
Two (2) One-Way Flights to Aruba2 ($1,200) + $1,500 spending cash ($1,500) |
$45,000.00 |
Full Body Massage Chair (model selected by us6) ($2,000) + Apple AirPods Max ($500) + $2,000 cash ($2,000) |
$125,000.00 |
Home Gym Set (model selected by us6) ($10,000) |
$250,000.00 |
Traditional 8Plus Sauna ($10,500) + $5,000 cash ($5,000) |
$400,000.00 |
$30,000 Worth of Gold Bars ($30,000)3 + 1:1 Coaching/Mentoring Calls with our Founder4 ($6,000) + Trip to our Headquarters5 ($2,000) |
$600,000.00 |
2024 Jeep Wrangler Two-Door Willys Edition ($40,090) + 1:1 Coaching/Mentoring Calls with our Founder4 ($6,000) + Trip to our Headquarters5 ($2,000) |
$800,000.00 |
Van Life Van (model selected by us6) ($55,000) + One-year Starlink Roam 50GB Subscription ($600) + 1:1 Coaching/Mentoring Calls with our Founder4 ($6,000) + Trip to our Headquarters5 ($2,000) |
$1,000,000.00 |
Tesla Cybertruck ($99,990) + 1:1 Coaching/Mentoring Calls with our Founder4 ($6,000) + Trip to our Headquarters5 ($2,000) |
You will be entitled to receive the Reward applicable to the highest reward tier of Gross Merchandise Value that you reach during the Rewards Program Term. The Rewards levels are not cumulative. You will only receive the Reward for the highest Gross Merchandise Value level that you achieve, not any Rewards for any levels below that.
1 All of the Rewards list an approximate cash value. At your election, you may choose for us to provide you with a cash payment of the designated amount in lieu of the other Reward stated (with the exception of the 1:1 Coaching/Mentoring Calls and Trip to our Headquarters Rewards). If you desire to receive your Reward in cash form, you must notify us of such election in the same e-mail you send to claim your GMV (by December 7, 2024), and provide us with instructions for where to send such payment. Otherwise, you may not request substitution for any Reward. Similarly, at our election and at our sole discretion, we reserve the right to substitute a cash award equal to the approximate cash value listed above in place of any Reward designated. Specifically, we may award the cash value instead of the other stated Reward in the event that (i) the cost of the applicable Reward item has increased in cost beyond the approximate cash value shown, (ii) the Reward item is unavailable or is unavailable from our preferred suppliers, (iii) we experience a delay in obtaining the stated Reward item, or (iv) the winner of the Reward is located outside of the continental United States.
2 This Reward include two one-way airplane tickets (economy class) from your location in the continental United States to the Aruba area. Any other expenses of the trip and at the destination (including return trip airfare, lodging, transportation, food, and entertainment) are not included. We will offer recipients of this Reward at least three options for the dates of the trip and the recipient must select one of the offered dates. If the date is not selected by the recipient within a reasonable time in our discretion, we will instead provide the recipient with the cash value of this Reward.
3 This Reward shall consist of gold bars costing approximately $30,000, as available and priced from our supplier at the time that such gold bars are purchased following the completion of the November Challenge Rewards Program. No representation or warranty is made regarding the number or weight of gold bars that will be provided or the value of such gold bars at the time of the Reward or any later time.
4 These Rewards include one-on-one coaching and mentoring provided by our founder, Logan Chierotti, in 12 telephone or video calls (as selected by us), once per month over a year period, of no more than 30 minutes each. The coaching calls will be scheduled based on your availability and the availability of Mr. Chierotti following the Rewards Program Term.
5 These Rewards include one roundtrip airplane ticket (economy class) from your location in the continental United States to the destination, one hotel room at a location we select in the Denver, Colorado metropolitan area for two nights, ground transportation at destination, meals at destination (or reimbursement for such ground transportation and/or meals, in our discretion), all as selected and arranged by us in our discretion. Any other expenses of the trip and at the destination are not included. We will offer recipients of this Reward at least three options for the dates of the trip and the recipient must select one of the offered dates. If the date is not selected by the recipient within a reasonable time in our discretion, we will instead provide the recipient with the cash value of this Reward.
6 For those Rewards items described to be of a model selected by us, in the event that we acquire an item costing us less than the approximate cash value listed above for the item, any excess cash value will be paid to the recipient separately in cash. We may also ask for the recipient’s input and desires for the item purchased (up to the approximate cash value stated), and the recipient must cooperate with us in such matter.
In the event of any question or dispute regarding your entitlement to any particular Reward, we may make a determination of such matter at our sole judgment which shall be final for all purposes.
Rewards are not transferable.
Any photographs or images of any particular Rewards in any advertising are given for illustrative purposes only and may differ from the actual items awarded.
All Rewards include the purchase price of the stated item, but no shipping, delivery, installation, or other costs associated with the item. You are solely responsible for all such costs. We will contact winners to coordinate the payment of these amounts.
We will pay any cash reward within 30 days of you or us electing such Reward and delivering to us your executed release, assuming all accurate GMV data has been timely provided and verified by us. For the other possible Rewards, the delivery and fulfillment of those Rewards will be scheduled subject to availability and you acknowledge and agree that we make no guarantee regarding the timing for the delivery and fulfillment of the Reward. Winners are required to cooperate and communicate with us regarding the fulfillment of Rewards.
In order to receive any Reward, you will be required to sign and notarize an affidavit of eligibility and release of liability and publicity in our favor, in forms acceptable to us, and return same, properly executed, within 10 days of our request. If you become entitled to receive any Reward, you authorize us to publicize that you have received such Reward and achieved the applicable performance level based on your efforts related to the PHYSICIAN’S CHOICE brand. If a Reward recipient fails to e-mail us with its accurate GMV report by December 7, 2024 (U.S. Mountain Time), if a Reward recipient fails to complete and return all requested forms or fails to provide any required proof of eligibility (in our sole discretion) by the specified date, if a Reward recipient fails to respond to our communications to arrange fulfillment of a Reward within a reasonable time, if a Reward recipient fails to arrange for or pay any shipping, delivery, installation, or other costs associated with a Reward, or if a Reward recipient fails to comply with any of these T&C, their Reward may be forfeited at our discretion. Additional terms may apply to any Reward. You may be required to enter into additional agreements and agree to additional terms and conditions in order to receive any Rewards.
All costs, taxes, fees, and expenses associated with any Reward are your sole responsibility. We may issue you a 1099, W-8, W-8Ben, or any other tax form we deem appropriate related to the prize rewarded, and you will be required to provide us with your social security number and any other information required to prepare these tax forms and any other tax forms that we deem appropriate or necessary. You should consult with your tax advisors regarding the tax implications of any Reward.
4. MISCELLANEOUS
You must comply with any applicable laws, rules, and regulations in your jurisdiction while participating in the November Challenge Rewards Program. You agree that we will not be liable if any applicable laws, rules, or regulations prevent your participation in the November Challenge Rewards Program or ability to receive any Rewards hereunder. We make no representation regarding your legal right to participate in the November Challenge Rewards Program.
These T&C constitute the entire agreement between you and us related to the November Challenge Rewards Program. These T&C cannot be modified by you. We reserve the right to modify these T&C and the November Challenge Rewards Program from time to time, and any such changes will be posted on the website www.physicianschoice.com/NovChallenge. Your continued participation in the November Challenge Rewards Program shall constitute your consent to any modified T&C. We may also discontinue the November Challenge Rewards Program at any time without notice, with no responsibility to fulfill any Rewards not fully earned prior to the date of such discontinuation. Nothing in these T&C will amend or otherwise affect any Social Influencer Agreement or other agreement you may have with us governing other aspects of our relationship.
If any portion of these T&C is deemed void or unenforceable, then the parties hereby request and authorize the court to “blue pencil” such provision so as to make it enforceable and to best carry out the intent of the parties, or to deem such provision severed from these T&C if it cannot be so modified. The holding, declaration or pronouncement shall not adversely affect any other provisions of these T&C, which shall otherwise remain in full force and effect.
These T&C are governed by, and shall be interpreted in accordance with, the laws of the State of Colorado, without regard to its conflicts of laws principals. By participating in the November Challenge Rewards Program, you agree that any conflict or disagreement that cannot be resolved by the parties will be resolved individually, without resort to any form of class action. You further agree that all such disputes will be submitted to courts of competent jurisdiction located in the State of Colorado, and that such courts will be the sole jurisdiction and venue for resolving any such dispute. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO YOUR ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS NOVEMBER CHALLENGE REWARDS PROGRAM. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF YOU, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
By participating in the November Challenge Rewards Program, you also agree to release, discharge, indemnify and hold harmless us, our affiliated companies, and our employees, agents, officers, and directors, and Tiktok (collectively the “Released Parties”), from and against all claims, damages, losses, or liabilities arising in connection with your participation and/or entry in the November Challenge Rewards Program and/or your receipt or use of any Reward awarded, or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Reward or participation in any November Challenge Rewards Program-related activity. Any acceptance by you of any Reward constitutes permission for the Released Parties to use your name, social media handle, photograph, likeness, statements, biographical information, voices, and performance information to publicize your promotion of the PHYSICIAN’S CHOICE brand, your participation in the November Challenge Rewards Program, and your receipt of the Reward.
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For participants in California: You further understand and agree that all rights under Section 1542 of the Civil Code of California (“CA Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that CA Section 1542 provides that: “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 MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, that you may have against the Released Parties, and to waive the effect of laws requiring the intent to release future unknown claims.
For participants in Montana: You further understand and agree that all rights under Section 28-1-1602 of the Montana Code Annotated (“MT Section 28-1-1602”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that MT Section 28-1-1602 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THE CREDITOR’S FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY THE CREDITOR, MUST HAVE MATERIALLY AFFECTED THE CREDITOR’S SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, that you may have against the Released Parties, and to waive the effect of laws requiring the intent to release future unknown claims.
For participants in North Dakota: You further understand and agree that all rights under Section 9-13-02 of the North Dakota Century Code (“ND Section 9-13-02”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that ND Section 9-13-02 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THE CREDITOR’S FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY THE CREDITOR, MUST HAVE MATERIALLY AFFECTED THE CREDITOR’S SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, that you may have against the Released Parties, and to waive the effect of laws requiring the intent to release future unknown claims.
For participants in South Dakota: You further understand and agree that all rights under Section 20-7-11 of the South Dakota Codified Laws (“SD Section 20-7-11”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that SD Section 20-7-11 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, that you may have against the Released Parties, and to waive the effect of laws requiring the intent to release future unknown claims. |
The November Challenge Rewards Program is in no way sponsored, endorsed, or administered by, or otherwise associated with Tiktok.