Creator Casting Call Terms & Conditions
These Application Terms ("Terms") govern the process by which individuals may apply to be selected for the Neutrogena Network ("Program").
Please read these Terms carefully. By submitting an application, you ("Applicant") agree to be bound by these Terms and the decisions of Johnson & Johnson Consumer, Inc. ("Neutrogena" or "JJCI") and its designees, which shall be final and binding in all respects relating to this Program.
WHO CAN PARTICIPATE: Applicants must be legal residents of the fifty (50) United States or District of Columbia, be at least 18 years or older, and have 5,000 or more followers on their individual TikTok, Instagram, or YouTube profile. Applicants must not have acquired their social media followers by means of automated program or similar method or other fraudulent behavior. JJCI employees who directly impact influencer selection, briefing, or content review are not eligible.
HOW TO APPLY: Between 12:00 noon Eastern Time ("ET") on February 12, 2024 and 11:59 PM ET on February 29, 2024 ("Application Period"), post a video on your TikTok profile explaining why you love Neutrogena and why you should be a part of the 2024 Neutrogena Network; include #2024NeutrogenaNetwork in your post; and follow and tag @Neutrogena_US on TikTok ("Application"). Your account must be set to the "public" setting and you must not change your TikTok profile handle once you apply and until Neutrogena has announced the conclusion of the application process. All applicable platform terms and policies apply. THIS PROGRAM IS IN NO WAY ENDORSED OR ADMINISTERED BY OR ASSOCIATED WITH BYTEDANCE LTD. OR TIKTOK. Limit one (1) Application per person. Applicants agree and hereby warrant that they shall, as appropriate, disclose in all postings (including video posts/uploads) on internet or social media accounts owned or controlled by Applicant the fact that Applicant is posting for an opportunity to become a Neutrogena Network member; and such disclosures must comply with any applicable instructions or directions provided by Neutrogena. Applicants and Applications must comply with all requirements set forth in these Terms, including eligibility and application requirements.
APPLICANT SCREENING AND SELECTION PROCESS: All Applications will be reviewed by Neutrogena. In addition to the Application, Neutrogena will review your on-line profile to assess social media persona, engagements, and content. Neutrogena has full discretion as to the applicants it selects and reserves the right to not select any Neutrogena Network members through this Application process. Potential Neutrogena Network members, if any, will be contacted by direct message on TikTok using the TikTok profile handle included as part of the Application. Potential Neutrogena Network members will be required to consent to a legal background check and must execute and return an Influencer Agreement within a time period specified by Neutrogena. If all such required documents are not returned within the specified time period, or a potential Neutrogena Network member cannot be contacted within a reasonable time period or is not in compliance with these Terms, such potential Neutrogena Network member will be disqualified. Any Neutrogena Network member who is selected, retained, and executes an Influencer Agreement with Neutrogena as a result of this Program will not be considered an employee of Neutrogena (JJCI) or any operating company of Kenvue Inc., unless an employment relationship was already in place.
ADDITIONAL APPLICATION CONTENT REQUIREMENTS: Application Content must be the original work of the Applicant, may not have been previously published, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
As determined by Neutrogena, in its sole discretion, all Application Content:
MUST reflect the true and honest beliefs and experience of the Applicant;
MUST NOT defame, misrepresent or contain disparaging remarks about Neutrogena, its products or services, or other people, brands, or companies;
MUST NOT discuss personal medical conditions or other health information that you don’t want to be public;
MUST NOT include any personal identification, such as street address, e-mail address or phone number;
MUST NOT include names, voices, visuals, or personal information of any third parties, including, but not limited to, minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness, or include public or private figure look-alikes;
MUST NOT contain prominent use of trademarks, logos, or trade dress owned by others, without permission, such as include clothing with visible logos, cartoons, or phrases, distinctive packaging, or building exteriors/interiors, to the extent permission is necessary;
MUST NOT plagiarize content from any source or contain copyrighted materials owned by others (including music, photographs, sculptures, paintings, performances and other content or works of art or images published, broadcast, or streamed on or in websites, television, movies or other media);
MUST NOT include links to external sites;
MUST NOT provide or refer to any medical advice;
MUST NOT be obscene, sexually explicit, or suggestive; be violent or derogatory of any ethnic, racial, gender, religious, professional or age group; be profane or pornographic; or contain nudity;
MUST NOT promote alcohol, drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promote any activities that may appear unsafe or dangerous; promote any particular political agenda, hate group, or message;
MUST NOT communicate messages or images inconsistent with the positive images and/or good will to which Neutrogena wishes to associate, or violate any law.
Neutrogena reserves the right in its sole discretion to disqualify any Applicant that it determines provided Application Content that is inappropriate, does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Program.
GRANT OF RIGHTS/USE OF APPLICATION CONTENT: PLEASE NOTE THAT BY APPLYING FOR THE NEUTROGENA NETWORK, YOU CONSENT AND AGREE THAT NEUTROGENA MAY SHARE YOUR APPLICATION CONTENT ON THE ITS WEBSITE AND SOCIAL CHANNELS AND OTHERWISE USE THE APPLICATION CONTENT AS SET FORTH BELOW. Using Applicant’s submission ("Application Content"), Neutrogena may create materials, including, but not limited to, a TikTok post for Applicant to share on Applicant’s TikTok. By submitting an Application, without limiting any of the foregoing, you agree and hereby grant to Neutrogena and its designees, successors, licensees, and assigns an unlimited, perpetual, irrevocable, assignable, royalty-free, fully paid-up license to reproduce, distribute, create derivative works of, edit, alter, display, exhibit, combine with other materials, exploit, and otherwise use the Application Content (and agrees to waive all moral rights thereto), and all elements embodied therein, in whole or in part, in any manner and in any and all media now known or hereafter devised (including on Neutrogena’s website and social media channels and pages), including, without limitation, for commercial purposes, without compensation or notification to, or permission from, you or any third party. All rights, title, and interest in the Neutrogena Materials (including Neutrogena’s name, logo, and any other trademarks, but excluding the Application Content) are owned by Neutrogena. Neutrogena is providing the Applicant with a limited license to use the Neutrogena Materials solely in connection with promoting the Applicant’s participation in this Program. The Neutrogena Materials should not be used for any other purpose. Neutrogena reserves the right to disqualify any Applicant who violates this grant of rights.
NEUTROGENA COMMUNICATIONS: By submitting an Application, you agree to accept and receive communications from Neutrogena’s TikTok handle (@Neutrogena_US) to the TikTok profile handle you used in your Application or via email or calls, if you provide your contact information to Neutrogena. If you do not respond in a timely manner to communications from Neutrogena regarding your Application, you may be disqualified. Any information collected from Applicant is subject to Neutrogena’s Privacy Policy, which can be found at https://www.neutrogena.com/customer-service/privacy-security/privacy-policy.html. You understand that you are providing such information to Neutrogena and not to TikTok and ByteDance Ltd.
GENERAL CONDITIONS: Void where prohibited by law. This Program is subject to all applicable federal, state, provincial, territorial, and local laws. BY SUBMITTING AN APPLICATION, YOU AGREE (A) TO RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY NEUTROGENA, ITS AFFILIATES, AND ADVERTISING AND PROMOTION AGENCIES, TIKTOK AND BYTEDANCE LTD., AND THE RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF THE FORGOING (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL INJURIES, LIABILITY, LOSSES, AND DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ARISING FROM CLAIMS BASED UPON COPYRIGHT INFRINGEMENT, INVASION OF PRIVACY, DEFAMATION, OR RIGHT OF PUBLICITY) TO PERSONS OR PROPERTY, RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM APPLICANT’S PARTICIPATION IN THE PROGRAM, APPLICATION PROCESS, AND/OR THE USE OF ANY PROGRAM TERMS, IN WHOLE OR IN PART, IN ANY MANNER BY NEUTROGENA IN CONNECTION WITH THE PROGRAM; and (b) to the use by Neutrogena and its designees of Applicants’ names, biographical information, cities and states of residence, photographs (including, without limitation, profile photos) images, and/or likenesses for advertising, publicity, promotional, and trade purposes in any and all media, now or hereafter known, in any manner, worldwide in perpetuity, without compensation (unless prohibited by law) or additional consents from Applicants or any third party and without prior notice, approval, or inspection, and to execute specific consent to such use if asked to do so.
Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Applications; or for lost, interrupted, or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, or cable transmissions, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or difficulties, or other errors of any kind whether human, mechanical, electronic, computer, network, typographical, printing, or otherwise relating to or in connection with the Program or the Application process, including, without limitation, errors or difficulties which may occur in connection with the administration of the Application process or in any Application or Program-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking, or by any equipment or programming associated with or utilized in the Application process or the Program. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Application process. Persons who tamper with or abuse any aspect of the Application process, who act in an unsportsmanlike or disruptive manner, or harass any other person, or who are in violation of these Application Terms, as solely determined by Neutrogena, will be disqualified. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE APPLICATION PROCESS OR PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, NEUTROGENA RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Neutrogena reserves the right at its sole discretion to suspend, modify, or terminate the Program at any time and for any reason.
You understand and acknowledge that Neutrogena has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees. You also acknowledge that many ideas may be competitive with, similar or identical to the Application Content or other Applications in theme, idea, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of Neutrogena’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim relating to or arising out of Neutrogena’s actual or alleged exploitation or use of any Application Content or other material submitted in connection with the Program, the damage, if any, thereby caused to the applicable applicant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any Application Content or the Program, and the applicant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
DISPUTES: Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Application Process and Program shall be resolved individually, without resort to any form of class action, and exclusively by the federal or state courts in the State of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with applying, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the you and Neutrogena in connection with the Application Process or Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction).
If you have any questions regarding these Terms, you may contact us here.