philosophy creators cohort

Terms of service

The philosophy’s creator cohort Program Terms and Conditions (“Terms”) apply to any Creator (defined below) who participates in philosophy’s creator cohort Program (“Program”). These Terms are legally binding and set forth the terms under which you may participate in the Program. Please read the terms carefully before applying to the Program.

By applying to or otherwise participating in the Program, you agree to be bound by these Terms.

Coty Inc. reserves the right, in its sole discretion, to update, alter, limit, modify, or otherwise change these Terms, including but not limited to tiers, incentives, eligibility, and/or any other element of the Program from time to time, or may terminate the Program at any time with or without notice to you. All changes are effective immediately when we post them and apply to your participation in the Program. You can find out whether these Terms have been revised since your last visit to this website by looking at the effective date at the top of these Terms. Your continued participation in the Program following such changes constitutes your acceptance of the changes. You must check these Terms each time you access or use the Program in order to ensure that you are aware of the terms that apply to you at that time.

  1. Overview of the Program: Coty Inc., including its subsidiaries and affiliates, on behalf of its brand philosophy (“Brand”), (“Coty,” “us,” “our” and “we”) utilize the Duel platform (“Duel”) to offer selected content creators (each, a “Creator”, “you” and “your”) the opportunity to gain access to certain rewards, discounts, etc. in exchange for creating content for us or completing other identified tasks.
    Participation in the Program is entirely voluntary. The selection of Creators is within our sole discretion. The Program is limited to one (1) Duel account per Creator.

  2. Eligibility: You must be 18 years or older and a resident of the United States to be eligible to participate in the Program. Employees of Coty are not eligible to participate in the Program. We reserve the right to verify your eligibility and update, alter, limit, modify, or otherwise change the eligibility requirements at any time in our sole discretion.

  3. Participation in Program: You agree to create original social/digital content, including posts, text, photographs, video, audio recordings, artwork and/or other materials (“Content”), at your own cost and expense, in connection with the Program, which may contain your name, social media handle(s), image, likeness, biographical information, and/or voice (collectively, “Likeness”).

  4. Grant of Rights: You grant Coty and Brand a worldwide, perpetual, sublicensable, transferable, irrevocable, royalty-free license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, market, prepare derivative works from, perform, transmit, distribute, exhibit, broadcast, or otherwise exploit or develop the Content, including your Likeness as embodied in the Content, in whole or in part, in any manner or use in media now known or devised in the future, for any or all commercial or non-commercial purposes. For the avoidance of doubt, Coty’s usage rights in the Content shall include Brand and Coty re-sharing, re-posting, and referencing the Content on Brand and/or Coty’s owned and/or operated social media outlet(s), emails, and websites, and the right to amplify/boost/whitelist (paid and/or organic) the Content.

  5. Intellectual Property Notice and Use: Nothing in these Terms shall be construed to transfer ownership of or grant a license under any trademark, patent, copyright or design rights, or other rights in intellectual property or technology of Coty to you expressly, by implication, by estoppel or otherwise.

  6. Program/Content Requirements:
    a. Content must include: i. Tags to all relevant philosophy channels (IG: lovephilosophy | TT: @philosophy)
    ii. Brand hashtags [#philosophy], [#philosophycreators] iii. Imagery that is respectful and appropriate for all audiences. b. Content must not include: i. References to products/services from any brands other than philosophy. ii. Mentions, images or references to any offensive, harmful, or illegal content. iii. Degenerative comments towards competitors, employees, social personalities or religious characters. iv. Content that infringes on the intellectual property rights or privacy of any third party. c. You shall at all times comply with all applicable laws and regulations, including, without limitation, by ensuring that your posting activities and the Content comply with the Federal Trade Commission (“FTC”) (or other applicable regulatory authorities’) guidelines concerning false advertising, including but not limited to the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising. Such FTC Guides include, without limitation, that you need to explicitly state your relationship with Brand on each piece of Content shared on social media.
    d. You must obtain all necessary releases, consents, and licenses from third parties to enable us and our affiliates to use any content created for the Program. e. All Content created hereunder, shall not violate the right of privacy or publicity or infringe upon any copyright, intellectual property or other right of any other person or entity.

You agree that we have the right to require revision or removal of any Content created and/or published for the Program or that references us.

  1. Representations and Warranties: Creator represents and warrants that: (i) you have the full right, power and authority to agree to these Terms, grant the rights herein, and your participation in the Program does not conflict in any way with any existing commitment; (ii) your participation in the Program shall be in a first class and professional manner in accordance with our requirements and all applicable laws, rules, regulations and guidelines; (iii) you have obtained all necessary releases, consents, and licenses from third parties to enable us and our affiliates to use any content created for the Program as anticipated; (iv) your participation in the Program, including without limitation, all social media and content created hereunder, is original and will not violate the right of privacy or publicity or infringe upon any copyright, intellectual property or other right of any other person or entity; and (v) no payment shall be made to you or any third parties in connection with the use and/or ownership of Content created, developed, and/or produced for the Program.

  2. Indemnification: You shall indemnify and hold us and our respective parents, subsidiaries, affiliates, successors and assigns harmless from and against any loss, claim, damage, expense, or judgment, including reasonable outside attorneys’ fees, relating to or arising from a breach or alleged breach of your covenants, representations and/or warranties hereunder. Coty and its parents, subsidiaries, affiliates, licensors, successors, and assigns shall not be liable to you, your next of kin, spouse, guardians, executors, administrators, successors, and/or assigns for any amount, for any loss, harm, damage, emotional damage, or injury to you or your property, however caused or suffered in connection with your participation in creating and/or appearing in the Content, whether occurring before, during, or after your actual participation in the Program. You shall in no event be entitled to enjoin or restrain the distribution, exhibition, advertising, or other exploitation of the content created hereunder.

  3. Privacy and Legal Terms: Your use of Duel and participation in the Program are subject to our Privacy Policy ("Privacy Policy") and our Terms of Use ("Terms of Use"), which are expressly incorporated into these Terms by reference. Please review our Privacy Policy for further details on how we collect and use your information and please review our Terms of Use for more information about our legal relationship and how disputes between you and us will be resolved. Where there is a conflict between these Terms and the Terms of Use, these Terms will govern to the extent of such conflict.

  4. Termination: Your role as a Creator may be terminated by Coty if: a. You fail to post at least once on your IG Grid within 30 days after receiving your philosophy product. b. Your account is inactive for a period of six or longer (if you need to take a break/digital detox, just let us know!). c. You sell, transfer, license or assign your rewards, account, submissions, reward credits, loyalty points or any account rights (or attempt to do any of the same) to anyone other than yourself. d. You fail to meet the program expectations, which may include but is not limited to: i. Posting or submitting content that is of low quality. ii. Posting or submitting content that doesn’t adhere to our guidelines. iii. Posting or submitting content that doesn’t meet the terms outlined in the Program/Content Requirements. We may, at any time, in our sole discretion and for any reason or no reason at all, terminate your access to and participation in the Program, without prior notice to you.

  5. Miscellaneous:
    a. You agree that you will not publicly disparage Coty, its brands, its products or the Program.
    b. You may not assign or subcontract any rights or obligations your rights or delegate your performance under these Terms.
    c. These Terms are governed and shall be construed in accordance with the laws of the State of New York. The parties agree that any and all claims arising from or relating to these Terms shall be subject to binding arbitration in accordance with the rules and procedures of the American Arbitration Association and in that forum located in New York City. d. All notices, requests, consents, claims, demands, waivers and other communications under these Terms must be in writing and addressed to: Coty Inc., 350 Fifth Avenue, New York, NY 10118. Unless otherwise agreed by the parties in writing, all notices must be delivered by personal delivery, email, nationally recognized overnight courier, or certified or registered mail (in each case, return receipt requested, postage prepaid). e. Nothing contained herein shall be deemed to constitute the parties as a partnership, joint venture, employer/employee, principal/agent or any other type of relationship, nor to make one party liable in whole or in part for any obligations assumed by the other herein or for any liability incurred by the other party in carrying out any of the provisions hereof, or otherwise. f. If any term or provision of these Terms are or become invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. g. Failure to enforce any portion of these Terms will not constitute or be construed as a waiver of such terms or provisions or of the right to enforce such terms or provisions.

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