Zing Story Promotional Campaign Terms and Conditions

These Terms and Conditions apply to the promotional campaign provided by Zing Coach, Inc. (”Zing” or “we”).

By participating in the campaign, you agree to adhere to these Terms and Conditions.

1. Campaign Details

We are offering lifetime access to Zing Premium if you share your Zing story on TikTok (the “Post”).

2. Terms of Participation

  • Film Your Review: Share some before and after videos or photos of yourself, if you have them. If possible, show yourself doing a Zing Coach workout! Tell us a little about how Zing has helped you, and what you love the most.
  • Video Specifications: The video shall be 30-90 seconds long
  • Submit Your Video:
    • Share your video with Zing Coach by clicking this link
    • Your video will be edited and sent back to you.
    • Upload your video to TikTok
    • Tag @zing_fitnesscoach
    • Add the following hashtags: #zingapp# zingai #zingitup #fitness #fitnessapp
    • Add legal disclosures as required under Section 4.
  • Receive Your Lifetime Access: Once it’s live, share a link to your TikTok and your Zing Coach User ID with us via Google Forms or contact us at support@zing.coach to receive your lifetime access.

3. Term

Submissions must be made on or before Monday, 10 June.

4. Disclosing a Material Connection Clearly and Conspicuously

When posting about Zing app, disclose your material connection to us clearly and conspicuously so that consumers:

  • Can easily find it.
  • Can easily understand it.
  • Obtain sufficient information from it to make a judgment about the credibility of the endorsement.

We propose adding any of the following disclosure language:

  • "Ad:" (this would go at the beginning of the Post description to indicate the statement is an ad).
  • “I am a part of Zing Coach's program that provides me with Zing Premium.”</aside>

Best practices include:

  • To place the disclosure both within the video itself, and in the description of the video.
  • In the video, to display the disclosure long enough for a consumer to be able to read and understand it.
  • In the description, to disclose a material connection before the "More" button and superimpose it on the image if a significant minority of viewers are likely to not see the disclosure in the description.

5. Acceptable Conduct

  • You may only make statements that:
    • reflect your honest beliefs, opinions, or experiences; and
    • are transparent about your connection to us.
  • Your Post must comply with the rules of the applicable social media platforms.
  • Your Post will not include the intellectual property of other parties, including any third-party music, photographs, artwork, trademarks, logos, or slogans, unless you hold a valid license or authorisation to use it.
  • Your Post will not include any person, or personally identifiable information about anyone, other than you unless you receive our prior written approval and have the persons at issue sign a release provided by us.
  • Your Post will comply with all applicable laws, rules, and regulations.

6. Ownership and Intellectual Property Rights

You will own and retain all right, title, and interest in and to the video, subject to the license granted to us in this paragraph.

We will own and retain all right, title, and interest in and to all derivative works of the Posts made by us, or by any third party for our benefit subject to your rights in the underlying Posts.

You hereby grant to Zing and our affiliates, and each of our respective direct and indirect licensees, successors, and assigns, a non-exclusive, perpetual, irrevocable, freely transferable and sublicensable, fully paid-up and royalty-free right and license to use the Post, including all copyrights and other intellectual property rights therein and all renewals and extensions thereof, in all formats and media, whether now known and existing or hereafter discovered or developed, throughout the universe, for all or any purposes whatsoever. For purposes of clarity and without limiting the foregoing, you agree that this license gives us the right: (a) to modify, edit, combine with other materials, translate, include in collective works, and otherwise create derivative works of the Post; and (b) to reproduce, perform (publicly or otherwise), display (publicly or otherwise), and transmit the Post, including any derivative works of the Post, in whole or in part.

7. Use of Your Name, Likeness, and Information

You hereby grant to Zing and our affiliates, and each of our respective direct and indirect successors and assigns, the right to use your name, image, likeness, and biographical, professional, and other identifying information (including information you provide to us and any other information about you that is publicly available or provided by you from time to time) (collectively, "Likeness") in connection with the Campaign, the Post, and any derivative works we make from the Post, including to advertise and promote the same.

You waive the right to inspect or approve any use of your Likeness.

8. Your Representations & Warranties

By participating, you represent and warrant that the Post:

  • is your sole and original creation;
  • is not libelous or otherwise defamatory; and
  • does not infringe or otherwise violate any right of any third party, including any copyright, trademark, patent, trade secret, or other intellectual property right, or any right of publicity or privacy.

9. Indemnification

You agree to indemnify, defend, and hold harmless Zing and our affiliates, as well as our and their respective officers, directors, employees, agents, successors, and assigns, from and against any claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including attorneys' fees and disbursements, arising from or relating to any material breach by you of your representations, or warranties, or other obligations hereunder.

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