PLEASE READ TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY. THE TERMS OF USE GOVERN YOUR PARTICIPATION IN THE REWARDS PROGRAM (AS DEFINED BELOW).  SECTION 12 CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND MIRACLE MOO HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, A WAIVER OF YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT PARTICIPATE IN THE REWARDS PROGRAM.

1. Miracle Moo, LLC, a Delaware limited liability company, located at 12674 Faraday Lane, Orlando, FL 32827 (“Miracle Moo”) is sponsoring this Miracle Moo Affiliates 2024 Rewards Program (the “Rewards Program”). By participating in the Rewards Program, you accept and agree to be bound by these terms and conditions (these “Terms”). The Rewards Program is in no way sponsored by, endorsed by, administered by, or associated with any third party social media site (collectively, “Social Media”), including but not limited to TikTok. You understand that you are providing information to Miracle Moo only, and not to Social Media. Any questions or communications should be directed to Miracle Moo at hello@miraclemoo.com and not to Social Media. By participating in the Rewards Program, you agree to a complete release of Social Media from any claims. Any other terms and conditions applicable to Miracle Moo’s marketing affiliates that are available here, shall apply to the Rewards Program and are hereby incorporated into these Terms by reference.

2. ELIGIBILITY. The Rewards Program is open to legal residents of the United States who are eighteen (18) years of age or older and members of either Your First Dollar (https://www.skool.com/your-first-dollar-9828/about) or the Creator’s Corner (https://www.thecreatorscorner.io/create). The Rewards Program is void in Puerto Rico and where prohibited by law. Employees of Miracle Moo and its parent companies, affiliates, subsidiaries, sales representatives, advertising, sales promotion, and judging agencies, and all other service agencies involved with the Rewards Program, and members of the immediate families (defined for these Terms as spouses, parents, children, siblings, and each of their respective spouses, regardless of where they reside) or individuals living in the same household (whether related or not) of any of the above are not eligible to participate in the Rewards Program.

3. REWARDS PROGRAM PERIOD. The Rewards Program period starts on September 11, 2024 at 12:01 AM Pacific Time (“PT”) and ends on December 31, 2024 at 11:59 PM PT (“Rewards Program Period”).

4. AVAILABLE REWARDS. You may be eligible for the rewards set forth in the table below (each, a “Reward”) that correspond with the amount of gross merchandise value (“GMV”) generated directly from your TikTok Shop from consumer sales of Miracle Moo products during the Rewards Program Period. GMV from all TikTok Shops associated with TikTok accounts owned by you will be aggregated together to determine your total GMV for the purposes of this Rewards Program. In the event of a dispute regarding the identity of account holder, the identify of an account holder will be determined by authorized account holder of the email address associated with the account. “Authorized account holder” is deemed as the natural person who is assigned to an email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address.

Instead of receiving the applicable Reward, you may choose to receive the approximate retail value (“ARV”) of the applicable Reward in cash. You may do so by informing Miracle Moo via the form described in Section 5 below.

The owners of the trademarks mentioned in the Prize table above are not affiliated in any way with the Rewards Program or Miracle Moo. All trademarks are owned by their respective owners. Nothing herein these Terms is or should be deemed an endorsement by such trademark owners of the Rewards Program, Miracle Moo and/or its products or services.

5. CLAIMING YOUR REWARD. To claim a Reward, you must email hello@miraclemoo.com between January 1, 2025 at 12:01 AM PT and January 7, 2025 at 11:59 PM PT with proof of your GMV. Once received by Miracle Moo, you will receive a form from Miracle Moo to complete. If you do not receive a form in response from Miracle Moo, your GMV was not received and you may not be awarding your Reward. Please continue to email Miracle Moo until you receive a form in response. Such form must be completed in its entirety and returned by January 31, 2025 at 11:59 PM PT in order for your to receive your applicable Reward. If you (i) do not email proof of your GMV, (ii) email proof of your GMV after January 7, 2025 at 11:59 PM PT, or (iii) do not return a completed form to Miracle Moo, you will not receive a Reward. Miracle Moo will not be liable for lost, late, illegible, misdirected, or non-delivered forms.

Miracle Moo is not responsible for any loss, liability or damage arising out of the acceptance or use of a Reward. You will be solely responsible for any and all local, state, and federal taxes incurred by your participation receipt and/or use of a Reward.

6. REPRESENTATIONS AND WARRANTIES. By participating in the Rewards Program, you represent and warrant that: (i) any content and materials, including posts, videos, photographs, comments, text, audio/sound or visual recordings, that you create about Miracle Moo’s products and service during the Rewards Program Period (collectively, “Content”) are original or that that you have obtained all necessary rights and licenses required to use such materials, and such material will not contravene any copyright, proprietary or other right whatsoever, and shall not infringe upon or otherwise violate any third party’s rights, including but not limited to such third party’s copyright, trademark, service mark, or right of privacy or publicity; (ii) Content will be provided in a professional manner in accordance with industry standards; (iii) you will not commit any act which, as determined by Miracle Moo in its sole discretion, brings Miracle Moo into public disrepute, contempt, scandal, or ridicule, or which insults or offends the general community to which Miracle Moo’s services are directed, or which might tend to harm Miracle Moo or any of Miracle Moo’s products or services including, without limitation, disparaging Miracle Moo and/or Miracle Moo’s products or services, or their competitors; (iv) Content will not include any material that is abusive, obscene, threatening, harassing, discriminatory, harmful, vulgar, defamatory, libelous, sexually explicit, offensive or otherwise illegal or objectionable; (v) in connection with your participation in the Rewards Program and the sharing or posting of any Content, you will comply with all applicable federal, state and local laws, regulations, administrative guidelines, orders and ordinances, including without limitation, all privacy and data security laws and the terms and conditions of all applicable third party web sites, platforms or applications (such as Social Media), including without limitation the FTC Guides (available at https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf.); (vi) you will comply with any branding guidelines or other instructions provided by Miracle Moo; (vii) you will not make any false, misleading or unsubstantiated statements or claims related to the Miracle Moo products or services; (viii) you will not make any statements or claims that the Miracle Moo products have received regulatory approval or clearance, or any other statement or claim related to the specifications, features, safety, efficacy, expected results or other characteristics or benefits related to the Miracle Moo products or services unless such claims are provided or approved in writing by Miracle Moo.

You further acknowledge and agree that Miracle Moo is not responsible for and does not monitor your Social Media accounts or channels and/or your Content.  Notwithstanding the foregoing, you hereby agree that upon Miracle Moo’s request you shall immediately (but in no event later than twenty-four (24) hours, delete or remove any Content which Miracle Moo determines in its sole discretion is a violation of application law, these Terms or otherwise reflects negatively on Miracle Moo or its products or services.  

7. PUBLICITY. By participating in the Rewards Program, you acknowledge and agree that Miracle Moo may, but has no obligation to, share any Content on its Social Media accounts and website. Additionally, you hereby grant (and agree to confirm such grant in writing promptly upon request) Miracle Moo the right to publicize, broadcast, and otherwise use, in any media whether now known or hereafter discovered, your name, photograph, likeness, voice, image, statements, home city and state, biographical information, the fact that you participated in this Rewards Program, and all related information at any time or times for advertising, trade, publicity, and promotional purposes worldwide and on the World Wide Web, without your review, notification, or approval, or additional compensation to you of any kind.

8. PRIVACY. Please see Miracle Moo’s privacy policy located at https://miraclemoo.com/pages/privacy-policy for details regarding the use of personal information collected in connection with the Reward Program. Your personal information will be retained by Miracle Moo for a reasonable period after the Rewards Program to allow Miracle Moo to operate the Rewards Program and other promotional activities in a consistent manner and to deal with any queries on the Rewards Program. You may unsubscribe at any time from email communications from Miracle Moo by clicking the “unsubscribe” button or by following the instructions for unsubscribing included in any email communication from Miracle Moo.

9. DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT MIRACLE MOO IS NOT RESPONSIBLE FOR AND DOES NOT MONITOR YOUR SOCIAL MEDIA ACCOUNTS, CHANNELS AND/OR ANY CONTENT CREATED BY YOU. MIRACLE MOO DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF A REWARD. REWARDS ARE PROVIDED “AS IS.” ALL MATERIALS ON MIRACLE MOO’S WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHER, MIRACLE MOO MAKES NO REPRESENTATION THAT MATERIALS ON ITS WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE AT ALL LOCATIONS AT ALL TIMES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ACCESSING MIRACLE MOO’S WEBSITE AND PARTICIPATING IN THE REWARDS PROGRAM IS LEGAL AND NOT PROHIBITED BY THE LAWS OF THE JURISDICTION IN WHICH YOU ARE A CITIZEN.

10. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Miracle Moo and its respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, and all of their officers, directors, employees, representatives and agents (the “Miracle Moo Entities”) from any and all liabilities, losses, damages, causes or action or injuries, costs and expenses (including court costs and reasonable attorneys’ fees) of any nature in connection with claims arising from or relating to (i) your breach of these Terms; (ii) your Content; (iii) your participation in the Rewards Program; and (iv) the acceptance, possession, misuse or use of a Reward.

11. LIMITATIONS OF LIABILITY. TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MIRACLE MOO ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF YOUR CONTENT, YOUR PARTICIPATION IN THE REWARDS PROGRAM OR YOUR ACCEPTANCE OR USE OF A REWARD, IN ANY MANNER UNDER ANY CIRCUMSTANCE.

12. NO CLASS ACTION; JURY WAIVER. You and Miracle Moo agree to waive their right to a jury trial in connection with these Terms. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS OR RELATED TO THE REWARDS PROGRAM MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE INDIVIDUAL CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL.

13. GENERAL CONDITIONS. You agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or the rights and obligations of Miracle Moo in connection with the Rewards Program, will be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules. By participating in the Rewards Program, you consent to jurisdiction and venue of the federal, state, and local courts in Orlando, Florida.

Miracle Moo reserves the right, at its sole discretion, to suspend any individual they find may be tampering with the operation of the Rewards Program or any associated website, may be acting in violation of the terms of an associated website or these Terms or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Miracle Moo reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Rewards Program or these Terms at any time without notice.