Mom Genes Program Terms and Conditions
The Mom Genes Program ("Program"), owned and operated by Galderma Laboratories, L.P. ("Galderma," "we," "us" or "our") is provided to you ("you," or "User") under the following terms and conditions, including the amendments thereto and with any additional terms and conditions, rules, or polices that may be applicable to particular offerings made in connection with the Program (collectively, the "Terms and Conditions"). Your failure to follow the Program's rules, whether listed below or in supplemental notices posted at various points in the Program, may result in termination of your access to the Program, without notice, in addition to Galderma’s other remedies. Your involvement in the Program are subject to the Terms and Conditions and all applicable laws and regulations, including the laws and regulations governing copyrights and trademarks. The Terms and Conditions shall supersede all previous Program rules and/or terms and conditions. The Terms and Conditions may be modified by Galderma from time to time, without advanced notice. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on this site. BY ACCESSING THE PROGRAM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THESE TERMS AND CONDITIONS.
I. Description of Program and Rules of Engagement
The Program, and its website and related content, is intended to inspire people to embrace their predisposition to age like their mother. To participate, you must complete the on-screen registration form, including submitting a photo, that can include any of the following: you, your mother or mother-like figure, your daughter or daughter-like figure, or other celebratory expression about mom genes (“Photo”) and include a Photo caption in 130 characters or less (all components combined constitute an “Entry”).
Please make sure to note the following requirements when creating your Entry:
- If your Photo features additional people, you must have their prior consent and provide such consent to Galderma, in writing, upon request. If your Photo features a minor, you must be minor’s parent or legal guardian and you must provide such consent to Galderma, on minor’s behalf, upon request.
- Photo may include animals or inanimate objects in addition to yourself, your mother or mother-like figure, your daughter or daughter-like figure, or other celebratory expression about mom genes. If your Photo contains an animal, animal must be depicted in a safe manner where the animal appears unharmed.
- Entry must not have been published in the public domain (i.e., disclosed beyond your immediate circle of friends and family, social media) through any means.
- The Entry must not contain content that is known by you to be false, inaccurate or misleading.
- Any Photo deemed inappropriate or unsuitable, in Galderma’s sole discretion, will be disqualified. Entry must not contain material that is inappropriate, indecent (including but not limited to nudity, or pornography), profane, obscene, hateful, tortuous, defamatory, slanderous or libelous (including words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group).
- The Photo must not contain criminal or tortuous activity, including but not limited to child pornography, fraud, trafficking of obscene material, drug dealing, drug use, or gambling. Entry must not contain material that is unlawful, in violation of or contrary to all applicable local, state, federal, or international laws and regulations.
- Entries must not feature beer, distilled spirits (i.e., hard liquor, malt beverages), tobacco products (including cigarettes, cigars, pipe tobacco, chewing tobacco and snuff), firearms and ammunitions, prescription drugs or medical devices, illegal drugs and related drug paraphernalia, nutritional supplements, lotteries, gambling, any Galderma product or your experiences with aesthetic treatments or medicines.
- Any Photo or portion thereof that is, in Galderma’s sole discretion, obscene, profane, lewd, defamatory, contains any third-party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity or make reference to any commercial/corporate advertising (including but not limited to corporate logos, brand names, slogans, political, or religious statements), or is otherwise objectionable, will not be posted.
- Clothing worn in the Photo should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials.
- Entry must not include any representation of celebrities, athletes, musicians, or any other public or private figure, including any anti-social, political or religious groups, any commercial solicitation or promotional materials or name, address, phone number, or URL address. Entry must not contain advertisements, personal solicitations or commercial solicitations.
- Photo may not be owned, taken or edited by a professional photographer unless you have their prior consent and provide such consent to Galderma, in writing, upon request.
- Entry must not contain viruses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information.
- All Entries must be in keeping with Galderma's image as determined by Galderma, in its sole discretion, or Entry will not be posted. The Entry must not disparage persons or organizations associated with Galderma.
Any Entry deemed inappropriate or unsuitable, in Galderma’s sole discretion, will not be posted. All Entries submitted become the property of Galderma upon entry and will not be returned. You hereby grant to Galderma a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display each submitted Entry, in any media, and with right to use, copy, modify, edit, and create derivative works therefrom, and agree to execute documents confirming such right and license at Galderma’s reasonable request. You shall have no right to review or approve edits, alterations, or modifications. By entering, you understand that your Entry (or portion thereof) may be posted online, in Galderma’s sole discretion, to be viewed by members of the general public. You may not copy or otherwise plagiarize any portion of the Photo from any source.
This website is not an appropriate place to discuss safety issues or side effects associated with aesthetic products, treatments, or other medications. If you, or someone you know, have possibly experienced a side effect while taking any product, you are encouraged to report it to the FDA. To do so, visit www.fda.gov/medwatch, or call 1-800-FDA-1088.
II. Program Eligibility
The Program is open to legal residents of the United States of America and its territories and possessions who are 18 years of age or older at the time of registration. Employees of Galderma, Marina Maher Communications, their affiliates, subsidiaries, advertising and sweepstakes agencies, and immediate family members (spouses, parents, children, siblings, and their spouses) and household members of each (whether related or not) are not eligible. Void where prohibited or restricted by law.
III. Medical Advice
NO INFORMATION CONTAINED ON THIS SITE OR IN ANY EMAIL OR OTHER CORRESPONDENCE SENT TO YOU BY GALDERMA IS PROVIDED WITH THE INTENTION TO GIVE MEDICAL ADVICE OR INSTRUCTIONS ON THE APPROPRIATE USE OF OUR PRODUCTS AND TREATMENTS. WE CANNOT ANSWER UNSOLICITED E-MAILS REQUESTING PERSONAL MEDICAL ADVICE; YOU SHOULD ALWAYS CONSULT A HEALTH CARE PROFESSIONAL.
IV. Reservation of Rights
The Program is offered at Galderma's discretion, and Galderma has the right to modify or discontinue, temporarily or permanently, the Program. You agree that Galderma will not be liable to you or any third party for any modification or discontinuance of the Program, in whole or in part.
V. Use of Your Information and Personal Information
THE INFORMATION YOU PROVIDE IN CONNECTION WITH THE PROGRAM WILL BE USED BY GALDERMA FOR THE ADMINISTRATION OF THE PROGRAM AND TO PROVIDE YOU INFORMATION ABOUT THE PROGRAM. GALDERMA MAY ALSO USE ANY INFORMATION YOU PROVIDE FOR OUR INTERNAL PURPOSES; TO BETTER UNDERSTAND YOUR NEEDS AND HOW TO IMPROVE OUR WEBSITES, PRODUCTS, TREATMENTS, AND SERVICES; AND TO SEND YOU INFORMATION ABOUT GALDERMA AND ITS PRODUCTS, TREATMENTS, SERVICES, AND SPECIAL OFFERS OR OTHER OPPORTUNITIES FROM GALDERMA AND OUR BUSINESS PARTNERS THAT MAY BE OF INTEREST.
GALDERMA UNDERSTANDS PROTECTING YOUR PERSONAL INFORMATION (SUCH AS NAME, EMAIL ADDRESS, AND OTHER PERSONAL INFORMATION) IS VERY IMPORTANT. GALDERMA DOES NOT SHARE ANY PERSONAL INFORMATION YOU GIVE US WITH THIRD PARTIES FOR THEIR OWN MARKETING USE.
BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO GALDERMA SHARING YOUR INFORMATION, INCLUDING YOUR PERSONAL INFORMATION, WITH THIRD PARTIES INCLUDING YOUR HEALTHCARE PROFESSIONAL(S) AND GALDERMA’S AFFILIATES AND VENDORS. GALDERMA MAY ALSO COMBINE YOUR PERSONAL INFORMATION WITH INFORMATION FROM THIRD PARTIES TO BETTER MATCH SPECIAL OFFERS WITH YOUR INTERESTS. IF YOU DO NOT WISH GALDERMA TO USE OR SHARE YOUR INFORMATION OR SEND INFORMATION TO YOU ABOUT THE PROGRAM AND GALDERMA AND ITS PRODUCTS, TREATMENTS, SERVICES, AND SPECIAL OFFERS YOU SHOULD NOT PARTICIPATE IN THE PROGRAM. BY PARTICIPATING IN THE PROGRAM, YOU AGREE WE MAY COLLECT, SHARE AND USE ANY INFORMATION ABOUT YOU THAT YOU PROVIDE TO US IN ACCORDANCE WITH THESE TERMS & CONDITIONS.
VI. Violation of the Terms
You understand and agree that in our sole discretion, and without prior notice, we may terminate your entry to the Program if we determine that you have violated our Terms and Conditions.
VII. Proprietary Rights
You should assume that all contents of this site are copyrighted unless otherwise noted and may not be used except as provided herein and without our express written permission. Except as expressly provided herein, nothing contained herein shall be construed as conferring any license or right under any Galderma copyright. All product names, logos, and service marks displayed on this site that are identified by ® or ™ or appearing in type form different from that of the surrounding text (collectively, the "Trademarks") are registered or unregistered trademarks owned by or licensed to Galderma or our affiliates, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of Galderma or any third party. No use of any Trademark may be made without our prior written authorization.
By submitting an Entry, you on behalf of yourself or your minor child (if your child is depicted in Photo) hereby grant Galderma, Marina Maher Communications, their affiliates, subsidiaries, assigns, licensees, and legal representatives the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry (as such may be edited and modified by the Galderma in its discretion) for editorial, commercial, promotional and all other purposes (including posting on any websites). In addition, you hereby assign to the Galderma all rights, titles, and interests that you may be deemed to have in any reproduction, product, or derivative work using or incorporating the Entry. By submitting an Entry, you represent and warrant that: (a) you have the necessary authority to grant the rights herein granted and fully perform your obligations hereunder; (b) you have read, understand and will follow these Terms and Conditions; (c) the Entry complies with these Terms and Conditions; (d) the Photo/Entry is your original work and has been legally created and Galderma’s use thereof will not result in any third party obligations or liability to a third party; (e) you own all rights to your Photo/Entry, including, without limitation, copyrights, and, that you have received prior written permission from the photographer if the Photo was taken by someone other than the Entrant him/herself; (f) the Photo/Entry is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof; and (g) you will indemnify and hold harmless Galderma and related entities or agents from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, violation of these Terms and Conditions, your Entry, or your conduct in creating your Entry or otherwise in connection with this Program. You waive any right to inspect or approve uses of the Entry or to be compensated for any such uses. You hereby release, indemnify, and hold harmless Galderma, Marina Maher Communications, their affiliates, officers, directors, agents, co-branders and other partners, and any of their employees (collectively, the "Program Indemnitees") from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Program Indemnitees due to or arising out of your participation in the Program, or use of your name, likeness, Entry, or any other rights granted to Galderma, including any claims for including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation. You further release, indemnify, and hold harmless Program Indemnitees from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Program Indemnitees infringes on your rights as contained in the Entry. You agree that you shall have no right of approval, no claim to compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, copyright infringement, defamation, or right or publicity) arising out of any use or any editing, distortion, alteration, optical illusion, or use in partial or composite form, whether or not intentional.
IX. Limitation of Liability
Galderma, Marina Maher Communications, and their respective affiliates, representatives, agents, directors, officers, shareholders, and employees (“Galderma Entities”) are not responsible for and shall not be liable for: (i) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (ii) failed, incomplete, garbled, or delayed computer transmissions; (iii) any condition caused by events beyond our control; (iv) any injuries, losses, or damages of any kind arising in connection with or as a result of participation in the Program; or (v) any printing or typographical errors in any materials associated with the Program. Further, in no event shall the Galderma Entities be liable for any damages of any kind or nature, including but not limited to, direct, indirect, incidental, consequential, exemplary, special (including loss of profit), punitive, or other damages arising from or in connection with the existence or use of this site or any such dispute, regardless of whether any of the Galderma Entities has been advised as to the possibility of such damages.
X. Governing Law & Disputes
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas without regard to choice of law principles. You agree that any dispute related to the Program shall be submitted for resolution exclusively to the jurisdiction of the United States District Court for the Northern District of Texas, Fort Worth Division, unless said court declines to accept jurisdiction in which such case the dispute shall be submitted to the District Court located in Tarrant County, Texas. All applicable federal, state, and local laws and regulations apply. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.