Promotions

Dental Professional $100 Cash Promotion

Are you a dental professional with 5000+ followers? $100 could be yours if you:

  • Post a 30-60 second video;
  • Tag GuruNanda and mention we asked you to make this video;
  • Talk about why you love GuruNanda products (note: When posting, please do not make any direct or implied drug or therapeutic claims about our products in your videos or posts. Our products are not intended to diagnose, treat, cure, or prevent any disease.).

Additional terms and conditions apply, see below.

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By accepting payment for a post, you acknowledge that you have read and agree to these terms and conditions:

Terms & Conditions

  1. Eligibility

Promotion is open to adults 18 and over who are a dental professional (limited to a dentist, hygienist or dental student) and have a TikTok or Instagram account with over 5000 followers at the time of the post (the “Poster”).

  1. Post Requirements

The post must:

  • Be 30-60 seconds long;
  • Posted and visible for at least 30 days (i.e., not to stories or other disappearing post features);
  • Tag Gurunanda;
  • Mention that GuruNanda asked you to make this post or otherwise discloses your relationship;
  • Talk about why you love GuruNanda products;
  • Reflect your honest and truthful opinions and actual experiences; and
  • Be unique and original (i.e., not repurposed, recycled, or previously published or posted).

The post must not:

  • Make any direct or implied drug or therapeutic claims about the GuruNanda products (see Do/Do Not List below);
  • Feature, either visually or verbally, any other brand names or trademarks of competing products; 
  • Include any person who has not provided consent to be in such post, and such consent is transferable to GuruNanda;
  • Include any minors;
  • Include any personally identifiable information, of either the poster or anyone else;
  • Be disparaging, defamatory, obscene, crude, in poor taste, or otherwise not in line with GuruNanda’s core values and brand image, as determined in GuruNanda’s sole opinion.

The Company may ask Poster to remove, alter, or otherwise update any post at any time for any reason, including not limited to conformance with these terms and conditions requirements as well as creative input. Poster agrees to update the Content as requested within forty-eight (48) hours. Failure to comply results in forfeiture of the payment.

  1. Compensation

Eligible posters will receive a $100 payment in cash.

Cash will be distributed at the GuruNanda booth at the Ohio Dental Association and the Discovery Expo for Hygienists on September 12-14, 2024.

  1. Intellectual Property

Poster hereby grants to GuruNanda the exclusive, irrevocable, transferable, assignable, sub-licensable, royalty-free, fully paid up, and perpetual worldwide rights and license to use, copy, reproduce, publish, communicate to the public by telecommunication (including online and social media), make available, adapt, transmit, publicly display, distribute and translate, in whole or in part, all work product created by Poster under these terms and conditions, including, without limitation, all content (collectively, the “Work Product”), which for greater certainty may include poster’s  IP and poster’s name, image, voice, performance and other likeness. Poster hereby agrees to waive all moral rights in and to the Work Product in favor of GuruNanda and anyone authorized by GuruNanda to reproduce or otherwise use the Work Product.

With respect to any information, items, code and/or any other materials provided by GuruNanda to Poster (collectively, “Company Materials”), GuruNanda grants Poster a limited, revocable, non-transferable, non-assignable, non-sublicensable, non-exclusive, royalty-free right to use and reproduce such Company Materials solely to perform or provide the services described therein. These rights expire once Poster provides the work product or after 24 hours from receipt of the materials, whichever comes first. All rights granted to Poster in Company Materials are by license only and no rights of ownership are assigned or transferred to Influencer under these terms and conditions.  Poster will have no rights in Company Materials including by way of example, any rights to use, modify, distribute or reproduce Company Materials unless GuruNanda explicitly grants any rights to Influencer.

  1. Representations and Warranties

Poster represents, warrants and covenants that, to the best of Poster’s knowledge:  (a) Poster’s execution of and performance under these terms and conditions shall not conflict with, or result in a violation or breach of, any other agreement to which Poster is a party or bound, including any law, judgment, order or decree to which Poster is subject and any obligation owed by Poster to any third party to keep any information or materials in confidence or in trust; (b) the work product shall be the original work of Poster, and any persons involved in the development of work product have executed (or prior to any such involvement, shall execute) a written agreement with Poster in which such persons (i) assign to Poster all right, title and interest in and to the work product in order that Poster may fully grant the rights to GuruNanda as provided herein; (c) Poster has the right to grant the rights and assignments granted herein, without the need for any assignments, releases, consents, approvals, immunities or other rights not yet obtained; (d) the work product (and the exercise of the rights granted herein with respect thereto) do not and shall not infringe, misappropriate or violate any patent, copyright, trademark, trade secret, publicity, privacy or other rights of any third party, and are not, and shall not be defamatory or obscene; (e) in creating and posting the post, Poster shall comply with all applicable laws and all posting guidelines, including but not limited to those provided in Do/Do Not List attached hereto, and (f) neither the work product nor any element thereof shall be subject to any restrictions or to any mortgages, liens, pledges, security interests, encumbrances or encroachments.

You must comply with all applicable laws, rules and regulations, including for example, the requirement to make proper and appropriate disclosures in compliance with the Endorsement and Testimonial Guidelines published by the United States Federal Trade Commission (https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-255) and in compliance with the Native Ad Guides (available at https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses), the FTC's “Dot Com Disclosures” Guidelines (available at: http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf)  and FTC’s “Endorsement Guides: What People Are Asking” (available at https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking).

  1. Independent Contractor Relationship

Poster’s relationship with GuruNanda shall be that of an independent contractor and nothing in these terms and conditions should be construed to create a partnership, joint venture, agency or employer-employee relationship between the parties. Poster is not the agent of GuruNanda and is not authorized and shall not have any authority to make any representation, contract or commitment on behalf of GuruNanda, or otherwise bind GuruNanda in any respect whatsoever.  Poster (and its employees and agents) shall not be entitled to any of the benefits GuruNanda may make available to its employees.  Poster shall comply with, and agrees to accept exclusive liability for non-compliance with, all applicable state and federal laws, rules and regulations with respect to GuruNanda performance of services and receipt of fees under these Terms and Conditions, including, without limitation, obligations such as payment of all taxes (and the filing of all tax returns), social security, disability and other contributions based on fees paid to Poster, its agents or employees under these terms and conditions.  Influencer hereby agrees to indemnify, hold harmless and defend GuruNanda against any and all such liability, taxes or contributions, including, without limitation, penalties and interest.

  1. Indemnification

Poster shall indemnify and hold harmless, and at GuruNanda’s request defend, GuruNanda and its owners, members, officers, employees, agents, representatives, attorneys, affiliates, successors and assigns (and its and their officers, directors, employees, sublicensees, customers and agents) from and against any and all damages, costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Losses”) resulting from any claim, suit, action, or proceeding (each, a “Claim”) brought by any third party arising out of or related to any breach (or claim or threat thereof that, if true, would be a breach) of these Terms and Conditions by Poster, including, without limitation, any breach or alleged breach of any representation or warranty of Poster set forth in Section 5.  GuruNanda shall notify Poster promptly of any Claim for which indemnification is sought, provided, however, that the failure to give such notice shall not relieve Influencer of Poster’s obligations hereunder except to the extent that Influencer was actually and materially prejudiced by such failure.  GuruNanda may, at its option and expense, participate and appear on an equal footing with Poster in the defense of any Claim that is conducted by Poster as set forth herein.  Poster may not settle any Claim without the prior written approval of GuruNanda, which approval shall not be unreasonably withheld. 

  1. Limitation of Liability

Unless otherwise set forth herein, and to the extent permitted by applicable law: (a) in no event shall GuruNanda be liable under any legal theory for any special, indirect, consequential, exemplary or incidental damages, however caused, arising out of or relating to these Terms and Conditions, even if GuruNanda has been advised of the possibility of such damages; and (b) in no event shall GuruNanda’s aggregate liability arising out of or relating to these Terms and Conditions (regardless of the form of action giving rise to such liability, whether in contract, tort or otherwise) exceed the fees payable by GuruNanda hereunder.

  1. General Provisions

These terms and conditions shall be construed in accordance with and governed by the internal laws of the State of California without giving effect to the conflicts of law principles thereof.  No delay, failure or waiver by either party to exercise any right or remedy under these terms and conditions, and no partial or single exercise of any such right or remedy, will operate to limit, preclude, cancel, waive or otherwise affect such right or remedy, nor will any single or partial exercise of such right or remedy limit, preclude, impair or waive any further exercise of such right or remedy or the exercise of any other right or remedy.  If any provision of these terms and conditions are determined to be invalid or unenforceable, the validity or enforceability of the other provisions or of these terms and conditions as a whole will not be affected; and, in such event, such provision will be changed and interpreted so as best to accomplish the objectives of such provision within the limits of applicable law or applicable court decision.  These terms and conditions, including the Do/Do Not List attached hereto which is incorporated herein by this reference, serves to document formally the entire understanding between the parties relating to the subject matter hereof, and supersedes and replaces any prior or contemporaneous agreements, negotiations or understandings (whether oral or written) relating to the same subject matter.  No modification of or amendment to these terms and conditions shall be effective unless in writing and signed by each of the parties.  The parties acknowledge that each of them have been advised to consult with an attorney of their choosing prior to agreeing to these terms and conditions, and either consulted with legal counsel before accepting these terms and conditions or had the opportunity to do so but decided not to and is agreeing to these terms and conditions freely and voluntarily. GuruNanda shall be entitled to assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, Poster’s agreement to these terms and conditions and any of its rights or obligations therein, but Poster shall not and shall not have the right to assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, these terms and conditions or any of its rights or obligations therein without the prior written consent of Company.  Except as provided herein, any purported assignment, transfer or delegation by Influencer shall be null and void.  Subject to the foregoing, these terms and conditions shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. Any notice, request, demand or other communication required or permitted hereunder shall be in writing, shall reference these terms and conditions and shall be deemed to be properly given: (a) when delivered personally; (b) on date of receipt or refusal of receipt when sent by certified U.S. mail; or (c) one day after being sent to the recipient by electronic mail.  The headings of the Sections of these terms and conditions are for reference only and are not to be construed in any way as part of these terms and conditions.