Pour and Post Terms and Conditions
These Terms and Conditions (“Terms”) govern the Hydration Labs, Inc. (“Bevi”) TikTok user-generated content gift card program (the “Program”). By posting content to TikTok that includes the required program tags as described below, you agree to be bound by these Terms. If you do not agree, do not participate.
Eligibility
The Program is open only to natural persons who are at least 18 years old (or the age of majority in their jurisdiction, if higher) at the time of participation, are legal residents of the United States of America, are current students enrolled at an accredited U.S. college or university and have a valid, public TikTok account with at least 100 followers and at least three publicly viewable posts in the prior calendar month. Bevi reserves the right to reject eligibility of TikTok accounts that post political, inappropriate, obscene, offensive or religious content, or content that goes against Bevi brand guidelines. Employees, officers, directors, and contractors of Bevi and their immediate family/household members are not eligible. The Program is void where prohibited or restricted by law. The Program is available only once per TikTok account.
How to Participate
To be considered for a gift card, create and publish an original TikTok post of you using Bevi products (each, a “Post”) and, at the time of posting, include: (a) the official program hashtag #bevioncampus and (b) tag the official Bevi account @bevi.official (together, the “Program Tags”). Your Post must be public and remain publicly viewable for at least 60 days after posting. No purchase is necessary to participate. Data rates may apply.
Program Period; Quantity; Selection
The Program shall run until terminated by Bevi. Bevi may, in its sole discretion, award a $30 Visa gift card (a “Gift Card”) to Posts that comply with these Terms and meet Bevi’s quality, relevance, and brand-appropriateness standards. Not all Posts will receive a Gift Card. The number of Gift Cards available is subject to availability and verification. Bevi’s decisions are final and binding.
Content Standards and Prohibited Content
Posts must be your original work, created by you, and must not include any third-party content (including music, video, images, or trademarks) unless you have all necessary rights and permissions. Posts must comply with TikTok’s terms, rules, and community guidelines, as well as all applicable laws and regulations. Posts must not contain illegal, harmful, defamatory, obscene, hateful, harassing, or otherwise objectionable content; promote dangerous activities; include personal data of third parties without consent; or infringe any intellectual property, privacy, or publicity rights. Posts must not include medical, financial, or legal advice; claims that are false or misleading; or any content that could be construed as spam or solicitation.
Endorsement and Disclosure Requirements
If you receive, or expect to receive, anything of value from Bevi in connection with your Post, you must clearly and conspicuously disclose your material connection in accordance with applicable advertising and endorsement laws and guidance (for example, using #ad or #sponsored in a manner that is easy to notice and understand). You are solely responsible for ensuring your disclosures are compliant.
License and Right of Use
By posting with the Program Tags, you grant Bevi and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable and sublicensable license to use, reproduce, distribute, display, perform, adapt, modify, create derivative works from, and otherwise exploit your Post (including your name, TikTok handle, likeness, and any biographical information included in or submitted with the Post) in any media now known or later developed, for any lawful purpose, including marketing, advertising, publicity, internal use, and product development, without further notice, approval, attribution, or compensation, unless prohibited by law. To the extent permitted, you waive any moral rights in the Post.
Representations and Warranties
You represent and warrant that: (a) you are eligible and have complied with these Terms; (b) you own and control all rights in your Post or otherwise have all necessary rights, licenses, consents, and permissions to grant the license in Section 6; (c) your Post is accurate, not misleading, and does not violate any law, rule, or regulation; and (d) your Post does not infringe or misappropriate any third-party right, including intellectual property, privacy, or publicity rights.
Verification; Award and Delivery
Potential recipients are subject to verification of eligibility and compliance. You may be required to provide additional information or documentation (including proof of identity and eligibility). If selected, Bevi will contact you via direct message on TikTok or through the contact information you provide. If you do not respond within 7 days, are ineligible, or fail to complete verification, the award may be forfeited. Gift Cards will be delivered electronically to the email address you provide within approximately 30 days after verification of the Post. Limit one Gift Card per TikTok account for the entire Program, unless expressly stated otherwise.
Gift Card Terms; Taxes
Gift Cards are subject to the issuing merchant’s terms and conditions and may have restrictions. Gift Cards are not redeemable for cash and are not transferable or substitutable, except as permitted by the issuer or required by law. You are responsible for all taxes associated with the Gift Card. If required by law, Bevi may collect tax forms (e.g., W-9) and issue tax reporting (e.g., Form 1099)
Privacy
Personal information collected in connection with the Program will be processed by Bevi in accordance with its Privacy Policy, available on Bevi’s website. By participating, you consent to such processing, including for verification, administration, and marketing purposes, consistent with applicable law.
TikTok Disclaimer
The Program is not sponsored, endorsed, administered by, or associated with TikTok. You release TikTok from all liability related to the Program. You must comply with TikTok’s terms of service and policies.
Publicity Release
Except where prohibited, participation in the Program constitutes your permission for Bevi to use your name, likeness, TikTok handle, and biographical information for promotional purposes without further compensation or approval.
Indemnification; Release
You agree to defend, indemnify, and hold harmless Bevi, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your Post, your participation, your breach of these Terms, or your violation of any law or third-party right. To the maximum extent permitted by law, you release Bevi from any and all claims and liabilities arising out of or related to the Program or any Gift Card.
Disclaimers; Limitation of Liability
The Program and all Gift Cards are provided “as is” without warranties of any kind, express or implied. To the maximum extent permitted by law, Bevi disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement. Bevi is not responsible for lost, late, misdirected, delayed, incomplete, or incompatible Posts; network, platform, or technical errors; or any unauthorized access to or alteration of Posts. To the maximum extent permitted by law, in no event will Bevi be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for any amount exceeding the value of the Gift Card you received (if any).
Suspension, Modification, and Termination
Bevi may suspend, modify, or terminate the Program or these Terms at any time, with or without notice, including if fraud, technical failures, legal requirements, or any other factor impairs the integrity, administration, or fairness of the Program. If the Program is terminated, Bevi will have no obligation to award any additional Gift Cards.
Governing Law; Venue
These Terms and the Program are governed by the laws of State of Delaware, without regard to conflict of laws principles. You agree that the state and federal courts located in Kent County, Delaware will have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the Program, and you waive any objection to venue or forum non conveniens.
Severability; Entire Agreement; No Waiver
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms constitute the entire agreement between you and Bevi concerning the Program and supersede all prior or contemporaneous communications. No waiver by Bevi of any term will be deemed a further or continuing waiver.
Contact
For questions regarding the Program, contact Bevi at legal@bevi.com or the address listed on Bevi’s website.
By participating in the Program, you acknowledge that you have read, understood, and agree to these Terms.