BACKGROUND
A. Social Train Ltd. is a marketing and social media promotions firm incorporated in the United States of America. Social Train assists with boarding of sponsored marketing campaigns via Instagram through campaign hosts utilising the social media platform of various international celebrities and influencers.
B. The Receiving Party has agreed to purchase an advertiser spot in the host's upcoming marketing campaign.
1. Campaign details:
1.1 Content will be posted on the Talent Instagram account on the commencement date. Followers will be directed to visit the tagged campaign host account to enter agiveaway to win the prize.
1.2 The campaign host account will be following the Receiving Party, together with arange of other businesses taking part in this promotion.
1.3 As part of the entry criteria, entrants will be required to follow all businesses the campaign host account is following.
1.4 Eligibility of entrants will vary by region, in accordance with local laws.
1.5 Competition terms and conditions will bepublished on the hosts account online platforms.
1.6 The services of a government approved and compliant third party facilitator will be engaged to conduct a random draw of all eligible entrants. A fully qualified independent scrutineer is also engaged to oversee the random draw. The winner will be announced online via the host's instagram approximately 72-120 hours after completion of the campaign (subject to regulatory requirements).
2. Posting requirements:
2.1 The Receiving Party has purchased a secret spot in this campaign. As a secret participant the Receiving Party is not required to promote this campaign to their followers on their Instagram account. This eliminates the Receiving Party having to share their followers with potential competitors.
2.2 Social Train will provide the Receiving Party with approved content and caption wording prior to commencement of the campaign when received from the host. At their discretion, the Receiving Party may elect to share the content with their followers. If the Receiving Party elects to post, the content instructions provided by Social Train must be strictly adhered to.
2.3 The Receiving Party confirms that they have not been promised any brand or product exclusivity and acknowledges that businesses of a similar nature and/or selling the same or similar products may also be included in this campaign.
2.4 For the duration of this campaign, if the Receiving Party wishes to run any concurrent giveaways or promotions, they must:
(a) be internal only, and not involve any third-party business, blogger, otheraccounts or entities;
(b) not use, replicate, alter, or re-purpose any content or graphics associated withthis campaign;
(c) not use any misleading text, captions, hashtags, wording or overlay text indicating that the talent is collaborating with the Receiving Party or sponsoring the concurrent giveaway.
2.5 Any posts relating to closed promotions within the most recent nine posts on the Receiving Party’s Instagram feed will be deleted or archived for the duration of this campaign.
3. Commencement date
3.1 The Receiving Party acknowledges that the commencement date nominated is tentative only and is subject to various factors, including, but not limited to:(a) the timely receipt of all necessary lottery permits by the host page; and
(b) any external factors that may adversely affect the campaign e.g. personal circumstances of the Talent, political and current events etc..
3.2 Social Train will utilise best practice strategies and their industry knowledge and experience to best maximise the follower response. Any decisions in respect of the actual commencement date are at the sole discretion of the campaign host and such decisions are final.
3.3 Social Train will endeavor to provide the Receiving Party with as much notice as possible of the actual commencement date.
4. Unsolicited offers
4.1 The soliciting of all giveaway participants and members of Social Train networking groups is strictly prohibited. For thirty (30) days prior to, and following completion of, this campaign, the Receiving Party is not to contact, other participants in these campaign, representatives of Social Train, the talent, or their representatives with unsolicited offers for personal or business gain.
5. Online etiquette
5.1 Social Train have a zero bullying policy. Offensive, rude, slanderous or defamatory statements, sharing of any Social Train group chats, private messages and discussions or any other like conduct that could negatively impact on other businesses (whether part of the Social Train networking group or not), will result in the Receiving Party being immediately removed from the giveaway and any affiliated networking groups.
6. Post Campaign Marketing
6.1 A drop-off of followers post campaign is normal and expected. There is a distinct correlation between drop-off rate and content quality.
6.2 To enhance the effectiveness of this campaign,Social Train strongly recommends that the Receiving Party develop and implement a comprehensive marketing and content strategy before and after commencement of this promotion.
6.3 The Receiving Party is strongly advised to ensure that their Instagram account is active at the time of the campaign, with regular posts being made to the account in the lead up to the campaign.
6.4 Social Train always recommend utilisation of the strongest security measures provided by Instagram to ensure the validity of an account is not compromised.
6.5 Social Train makes no promise regarding post-campaign conversion rates and recommends utilising the services of an expert in conversion rate optimisation if the Receiving Party needs assistance with that aspect of their marketing.
7. No Guarantee of Results
7.1 The Receiving Party acknowledges that:
(a) Social Train makes no prediction, promise or guarantee of actual gain results of this campaign;
(b) any case study or forecast results are estimates based purely on prior giveaway testimonials, results and comparisons with similar accounts and should not be relied upon as a guarantee of the actual performance of this campaign;
(c) similar campaigns conducted by the Talent are not to be relied on as a guaranteed indication of the outcome of this campaign;
7.2 The Receiving Party acknowledges that this form of campaign is a form of digital advertising and is not an exact science and that a range of factors can affect the outcome of a campaign, including but not limited to, search engines, algorithms,current world events, personal circumstances of the Talent etc.. Social media platforms and providers are constantly evolving and Social Train nor the campaign host has control over external factors.
7.3 Social Train and host accounts do not engage in unethical illegal practices such as “buying”followers and/or other associated methods of increasing social media following.
7.4 Our hosts utilize best practice strategies, industry knowledge, Instagram recommendations, up-to-date technology and tried and tested techniques with an aim to continually deliver optimum results for their clients. From time to time this may result in variations to the campaign whilst live. This is always done in conjunction with regular liaison with the talent and in consideration of close monitoring and tracking of campaign progress to best maximise the campaign results and to provide a fluid and responsive campaign that capitalises on follower response.
8. Payment
8.1 The Receiving Party acknowledges that campaign results are insufficient cause for lodgment of a dispute or claim with their bank, or any payment provider, and the Receiving Party agrees that any remedies will be sought directly from the host accounts.
