Terms & Conditions

TINDER INK TWICE PROMOTION TERMS AND CONDITIONS OF PARTICIPATION

THESE OFFICIAL TERMS AND CONDITIONS (THESE “TERMS”) APPLY FOR ALL PARTICIPATION WITH THE TINDER INK TWICE ADVERTISING CAMPAIGN (“PROMOTION”) BY ANY INDIVIDUAL WHO PARTICIPATES IN ANY WAY WITH THIS PROMOTION (COLLECTIVELY, “PARTICIPANTS”). THESE TERMS ARE A CONTRACT. PLEASE READ THEM CAREFULLY. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE AND LICENSE FROM ALL PARTICIPANTS, A LIMITATION OF CERTAIN RIGHTS AND REMEDIES, AND A MANDATORY ARBITRATION AGREEMENT. PARTICIPATION AND CONSIDERATION FOR SELECTION IS CONTINGENT UPON EACH PARTICIPANT’S AGREEMENT TO, COMPLIANCE WITH, AND FULFILLMENT OF ALL REQUIREMENTS OF THESE TERMS. PARTICIPATION IN THE PROMOTION IN ANY WAY CONSTITUTES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT WITH ALL PROVISIONS OF THESE TERMS.

PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW (THE “AGREEMENT TO ARBITRATE”), REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS TO RESOLVE ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND EACH STUDIO (AND, IF APPLICABLE, TINDER AND TINDER’S LICENSORS AND AFFILIATES), RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OF ANY KIND.

1. Promotion and Sponsor. This Promotion is advertised by Match Group, LLC, 8750 N. Central Expressway, Suite 1400, Dallas, Texas 75231 (“Tinder”) and sponsored, operated and administered by the applicable tattoo studios listed below (each a “Studio”, collectively, the “Studios”). All decisions related to these Terms by Tinder and Studios are final and binding. This Promotion may be promoted via social media websites (e.g. Facebook, X (f/k/a Twitter), TikTok, Instagram, Snapchat) or any other site or medium that might host content with information about this Promotion (collectively, “Content Hosts”), but such websites are not affiliated with Tinder, any Studio or this Promotion, and this Promotion is in no way sponsored, endorsed or administered by, or associated with any Content Hosts. Participants that provide information in connection with this Promotion are providing such information only to Studios and not to any Content Hosts.

2. Studios. The Promotion will be operated and administered by the four Studios named below, based on the applicable location that a Participant selects for its Application (defined below) submission:
(a) For Applications to the Los Angeles, CA Studio: Alium Tattoo Studio, 6031 Washington Blvd, Culver City, CA 90232
(b) For Applications to the New York, NY Studio: Inked NYC, 150 West 22nd Street, New York, NY 10011
(c) For Applications to the Austin, TX Studio: No Good Tattoo, 1023 Springdale Rd Building 10 Suite B, Austin, TX 78721
(d) For Applications to the Miami, FL Studio: Inked Miami, 1400 Alton Rd. Suite 100A, Miami Beach, FL 33139

3. Application Period. The application period for this Promotion begins at 9:00 a.m. PT on February 5, 2024, and ends at 11:59 p.m. PT on February 16, 2024 (the “Promotion Application Period”). The Studios are the official timekeepers of this Promotion.

4.Promotion Process. Participants selected in accordance with the process set forth below will be offered the opportunity to consult with an artist at the applicable Studio (“Artist”) regarding the Participant’s options for a cover-up tattoo (a “Cover-up”). The Promotion will operate as follows:
(a) Participants who meet the eligibility requirements set forth in Section 5 below may apply to participate in this Promotion by submitting an application (“Application”) via the Promotion website at Inktwice.us.com (the “Site”) during the Promotion Application Period. Applications must include the Participant’s name, date of birth, selected Studio and details of the existing tattoo that is the subject matter of Participant’s Application (“Tattoo”), including a photo of the Tattoo and general description and location of a Participant’s Tattoo, and stories and information about the Tattoo and why the Participant is interested in receiving a Cover-up. Applications must be submitted within the Promotion Application Period.

(b) Applications must not include photos that depict any lewd, vulgar, indecent, defamatory, discriminatory, obscene, offensive or illegal conduct or material, or the image or likeness of any person other than the Participant.

(c) Applications will be received directly by the applicable Studio selected for a Participant’s Application. The Studios will review the Applications and select 10 Participants per Studio based on the information provided in the Applications (“Selected Applicants”). The 10 most creative Applications connecting Participant’s Tattoo to Participant’s former relationship(s), as determined by tattoo professionals at the applicable Studio in their sole discretion, will be selected.

(d) The applicable Studio will contact the Selected Applicants to offer a consultation (in-person, or via virtual videoconference as determined in Studio’s sole discretion) (“Consultation”) with a Studio Artist to discuss the options for a Cover-up. Selected Applicants will be notified on or about February 20, 2024. Consultations must be scheduled and occur no later than March 19, 2024. Any offer for a Consultation that is not redeemed for a Consultation scheduled on or before March 19, 2024, will be expired.

(e) If the Selected Applicant is offered a Cover-up by a Studio based on the Consultation in the Studio and/or Artist’s sole discretion (“Approved Applicants”), the Approved Applicant and the Artist will schedule an appointment for the Cover-up at the Studio. The Cover-up will be provided at no charge to the Approved Applicant. The Cover-up must be scheduled and occur within 3 months of the Consultation date or the Studio’s offer to the Approved Applicant will be expired.

(f) All communication, consultations, appointments, procedures, advice and instructions are with (or given by) each Studio directly. Tinder and Tinder’s parent, subsidiaries, affiliates, and service providers (“Permitted Parties”) have no involvement in, or control over, any part of the Participant selection process. Participants acknowledge and agree that participation in the Promotion will be subject to the applicable Studio’s terms and conditions, requirements and instructions, which may include a waiver or other agreement with the Studio (collectively, the “Studio Terms”).

(g) All inquiries, offers and selections to participate in the Promotion are managed by each Studio in each Studio’s sole discretion. An offer to participate in any Consultation with a Studio or Artist does not guarantee that you will be offered a Cover-up. The Permitted Parties are not involved in, and have no control over, the selection or offer process or any related communications regarding your participation in this Promotion. Any questions or other communication directed to the Permitted Parties regarding your participation in this Promotion will not receive a response from the Permitted Parties.

5. Eligibility. In addition to the requirements above, Applications may only be submitted by individuals who meet the requirements listed below. Only Participants who properly submit an Application through the Site during the Promotion Application Period are eligible to participate in the Promotion. A person may only submit one Application referencing one Tattoo. Nothing in these Terms constitutes, suggests or implies any offer to any Participant to participate in this Promotion as a Selected Applicant or Approved Applicant.

(e) Participants must be individual persons who are residents of the United States.
(f) Participants must be over the age of 18 (as of February 5, 2024).
(g) Participants must have an existing Tattoo at the time of Application.
(h) Participants must be able to travel to and from that Studio for the Consultation (if applicable for in-person Consultations) and Cover-up.
(i) Employees or agents of Tinder, any Studio or their respective parent or affiliate companies, vendors, suppliers, consultants, sub-contractors, distributors, legal counsel, or advertising, marketing, public relations, or promotional/fulfillment agencies (collectively, “Related Parties”), as well as the immediate family (spouse, parents, siblings and children) and household members of each such Related Party, are not eligible as Participants.
(j) Legal entities are not eligible to participate as Participants.

6. Applicant Selection. Cover-ups are limited to ten (10) Selected Participants per Studio. In the event that any mistake, failure, or discrepancy causes more than this amount of Selected Participants to be promoted, noticed, or claimed, each Studio may limit the number of Selected Participants to 10 by evaluating all legitimate, eligible claims in accordance with these Terms. Tinder and/or Studio may disqualify a Participant for any violation of any of these Terms, for tampering with the application process or operation of the Promotion, or for acting in any disruptive manner. In the event of disqualification, the Participant is disqualified and forfeits and offer or other participation in the Promotion (or any relevant portion) in any capacity.

7. Waiver; Studio Terms and Regulations. Any Participant who participates in the Promotion beyond submitting an Application will be required to: (a) sign a Consent and Liability and Publicity Release (“Waiver”), (b) abide by any Studio Terms. Any reference to compliance with these Terms includes this requirement to abide by the terms of the Waiver and Studio Terms, as applicable. Tinder is not responsible if any Participant is denied entry into, or removed from, any Studio or other applicable third party space or venue.

8. Compensation; No Prize or Other Such Compensation. Participants agree that the sole value offered by Tinder and Studio in connection with this Promotion is: (a) the opportunity to submit an Application on an experiential basis; (b) for Participants chosen as Selected Applicants, the direct cost of one Consultation with the applicable Artist (approximate value of $100); and (c) for Participants chosen as Approved Applicants, the direct cost of one Cover-up by the applicable Artist (approximate value of $1,000). None of the foregoing offers have any cash surrender value. Promotion offers must be accepted as offered without substitution and are not, in whole or in part, assignable, transferable, or available for resale. If a Selected Applicant or Approved Applicant elects not to participate in any portion of this Promotion or otherwise fails to meet the requirements in these Terms, that Participant will be disqualified from any further participation, and that Participant forfeits any remaining Promotion value offered that is unused and will not be provided any further or additional compensation.

9. Additional Costs. Except as expressly stated in these Terms, Participants are solely responsible for all costs associated with redeeming any and all offers in connection with the Promotion. This includes, but not limited to, any travel or other expenses for travel to a Studio, any preparation costs for the Cover-up and any late fees or rescheduling fees for missed Consultation or Cover-up appointments, taxes, gratuities or personal costs.

10. Conditions of Participation. By participating in the Promotion in any capacity, each Participant agrees to be bound by these Terms and the decisions of Studios and their authorized representatives, which are final and binding in all matters concerning the Promotion. Any participation not in accordance with these Terms is void. Submitting multiple Applications, including, but not limited to, any mass submissions generated by an automated program, script, or macro that enables automated actions on the Site or other Tinder or Studio platform, or the use of any other similar device, program, or method to participate with the Promotion, is prohibited and will result in disqualification.

11. Personal Information Disclosure to Sponsor. Participants may be required to provide certain personal information to participate in the Promotion (“Personal Information”), which Studios may share with Related Parties and third parties for the purposes of administering the Promotion. This Personal Information may include name, address, phone, email, date of birth, a general description and location of a Participant’s Tattoo, including any photos submitted in connection therewith. Applications will be sent directly to the applicable Studio(s) and processed in accordance with the Studio privacy policies (see below). Personal Information may only be submitted through the Site via an Application. Participants agree they will only submit their own Personal Information and will not submit any information of any other individual in connection with the Promotion. Tinder and Studio are not responsible for erroneous, fraudulent or fake information provided by any Participant during the Promotion.

12. Information Disclosure to Studios. For more information about how the applicable Studio receiving an Application may use and process Personal Information, please see the Promotion privacy policy which can be found at Campaign Privacy Policy. Studios are expected to use and process such Personal Information in accordance with the linked terms. However, Participants acknowledge that Tinder does not have direct control over the use, handling or processing of any Applications, Personal Information or other Participant information.

13. License from Participant. To the extent allowed by law, participation in this Promotion in any way and/or acceptance of, or participation in, any offer (including for a Consultation or Cover-up) constitutes each Participant’s consent for, and grant of a non-exclusive, sub-licensable and assignable license to Tinder and Studio to record, use, publish, post, and display Participant’s name, social media handles, likeness, image, photograph(s) (including Tattoo and Cover-up), voice, opinions, aural and visual performance (together or independently), statements, hometown and other such content captured during participation in this Promotion, regardless of whether altered, distorted, or used alone or with other material (collectively, “Campaign Content”) in Tinder’s (and the Studios’) sole discretion, for promotional, advertising, trade, and publicity purposes in any medium now known or later discovered, worldwide and in perpetuity, without review or approval, and without further notice, payment, or consideration of any kind. If a Participant is disqualified, Tinder and Studios reserve the right to still use any Campaign Content collected or created during Participant’s participation in the Promotion through the date of disqualification under this license. All rights, consents and licenses granted to Tinder and Studios under these Terms will survive the termination of this Promotion and any associated marketing campaign. Such consents and licenses may only be revoked in writing, and the mere ending of this Promotion or any Promotion Application Period is not sufficient to revoke such consents or licenses.

14. Disqualification. Studio and/or Tinder may, in its sole discretion, disqualify any Participant that it finds to be in violation of these Terms, tampering with the operation of the Promotion (including, but not limited to, tampering with websites, email addresses, or any Studio or Studio operations), or acting in an unsportsmanlike or disruptive manner. Any attempt to undermine the operation of the Promotion may be a violation of criminal or civil law, and Tinder and/or Studio may seek damages to the fullest extent permitted by law from any person it finds to have made such an attempt.

15. Indemnity; Limitations of Liability. By entering or participating in the Promotion, each Participant agrees to indemnify, defend, and hold harmless, and thereby does release and discharge Tinder, each Studio, and each of their respective Related Parties, and each Related Party’s officers, directors, employees and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such individual (collectively, the “Released Parties”) from and against any loss, damage, injury, claim, or cause of action arising from or related to this Promotion, including, but not limited to, infringement of any right of publicity or intellectual property; threatened or actual injury, loss or damage to any person, including sickness, disease, death and disability; defamation or portrayal in a false light (intentional and unintentional), invasion of privacy, and damage to or loss of property. Furthermore, in no event will Released Parties be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of the Promotion. To the extent any jurisdiction may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, then the foregoing limitations and exclusions of liability will apply to the full extent allowed under applicable law. Notwithstanding anything to the contrary, the estimated value of the Cover-up is $1,000, and in no event will Tinder or any Studio’s liability to any Participant, in total, calculated in the aggregate, exceed: (a) $1,000 for purposes of any Approved Applicant, or (b) $100 for any other Participant.

16. Additional Promotion Disclaimers. PARTICIPANTS ACKNOWLEDGE AND AGREE THAT ALL SERVICES PROVIDED IN CONNECTION WITH THE PROMOTION ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, RELEASED PARTIES EXPRESSLY DISCLAIM ANY GUARANTEES, REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF QUALITY OR TYPE OF SERVICES, PERFORMANCE OR OUTCOMES. RELEASED PARTIES DO NOT GUARANTEE, REPRESENT OR OTHERWISE COMMIT THAT ANY COVER-UP IS POSSIBLE OR WILL BE COMPLETED SUCCESSFULLY. PARTICIPATION IN A CONSULTATION AND/OR COVER-UP IS SOLELY AT THE PARTICIPANT’S OWN RISK. Notwithstanding anything to the contrary, the Released Parties are not responsible for: (a) technical failures of any kind; (b) incorrect or inaccurate information, whether caused by Participants, any internet or email service provider, any promotional or advertising agency, computing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (c) unauthorized human intervention in any part of the Promotion; (d) technical or human error that may occur in the administration of the Promotion; (e) any injury or damage to persons (including Participant) or property, including, but not limited to, computers, phones, and tablets, that may be caused, directly or indirectly, in whole or in part, by Participant’s participation in the Promotion or access to the Site or other Promotion materials; or (f) any other errors in any materials, information or announcements associated with the Promotion. Furthermore, Participants acknowledge and agree that the Studios and Artists are solely responsible for providing the Consultations and Cover-ups and any other related services occurring at any Studio. Tinder and its Released Parties have no control over, and will have no responsibility or liability, for any Consultations or Cover-ups or any other portions of the Promotion occurring at any Studio or otherwise provided by any Studio or Artist. Tinder and its Related Parties are in no way responsible for any cancellations, delays, postponements, diversions, substitutions, changes in service or accommodations, cancellations or inability to provide any Consultations or Cover-ups, or any other act, omission, or result thereof, caused by any third party, including, but not limited, those arising out of any closure of any Studio, unavailability of any Studio or Artist or any termination of any arrangement or agreement between Tinder, Participant, Studio and/or Artist.

17. CALIFORNIA RELEASE. EACH PARTICIPANT WAIVES CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES), WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” EACH PARTICIPANT REPRESENTS AND WARRANTS FULL UNDERSTANDING OF, AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF, WAIVER OF CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES).

18. Right to Modify or Cancel. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. In the event any provision is found invalid or unenforceable, these Terms will otherwise remain in effect in accordance with their terms as if the invalid or unenforceable provision was never included. Tinder’s or any Studio’s failure to enforce any provision of these Terms does not constitute a waiver of that provision. Tinder may cancel, suspend or modify this Promotion or any part of it, in any way, if Tinder determines in its sole discretion that this Promotion is not capable of being executed as Tinder intended, or that any mistake, clerical, or typographical error, omission, fraud, technical failure, tampering, computer virus, or other factor, technical or otherwise, beyond Tinder’s or Studio’s reasonable control, impairs or may impair Studio’s ability to properly conduct this Promotion, subject to any applicable law or regulation. In the event of an inconsistency between these Terms and any disclosure or other statement contained in any Promotion-related materials, including, but not limited to, any Application or other Promotion entry form or any point-of-sale, radio, television, print, or online advertising, these Terms will prevail and govern.

19. Disputes. Subject to the Agreement to Arbitrate requirements below, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights or obligations of Participants, Studios or Tinder in connection with the Promotion, are governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any other jurisdiction.

20. AGREEMENT TO ARBITRATE. Any dispute, claim, or controversy arising out of or relating to the Promotion, or these Terms or the breach, termination, enforcement, interpretation, formation, or validity thereof, including the determination of the scope or applicability of this Section 20 (“Agreement to Arbitrate”) or whether the claims asserted are arbitrable, shall be determined by arbitration in Dallas, Texas before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Terms and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This Agreement to Arbitrate shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. PARTICIPANT AND TINDER AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN SUCH PERSON OR ENTITY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. To the fullest extent allowable by law, the governing law set forth above, without regard to its conflict of laws rules, shall apply to any dispute arising out of or relating to these Terms or the Promotion. Notwithstanding the foregoing, the interpretation and enforcement of the Agreement to Arbitrate in this section shall be governed by the Federal Arbitration Act. This Agreement to Arbitrate shall not override, change, modify, or otherwise impact any other arbitration or dispute resolution agreement entered into between Participant and Tinder.

If any portion of this Agreement to Arbitrate is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from this Agreement to Arbitrate, and severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Agreement to Arbitrate or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Agreement to Arbitrate.

21. Relationship of the Parties. These Terms do not, and shall not be construed to, create any partnership, joint venture, or agency between Participant and Tinder, any Studio or Artists, or any of their respective Related Parties. Each Participant also agrees that any of the Permitted Parties, and each Studio and its applicable Related Parties (solely as it relates to that Studio and its operations), as applicable, will have the right to enforce these Terms and any of its rights hereunder against Participant.