Terms and Conditions for Referral Program

These Terms and Conditions (these “Terms”) form a binding legal agreement between TikTok Pte. Ltd. and its affiliates (together, “TikTok”, “we”, “our” or “us”) and you (“you”, “your” or “Participant”), and set forth the terms and conditions for the Participant’s participation in the TikTok Referral Program (“Program”) available on the application owned or controlled by TikTok, including, without limitation, the TikTok mobile application (“Platform”), our related websites, services, applications, products and content owned or controlled by us ("Services").

These Terms and your participation in the Program are subject to, and shall also include, the Terms of Service, Privacy Policy, Community Guidelines and other policies we have on the Platform as amended from time to time in accordance with the terms therein (collectively, the “Platform Terms”).

The Program allows Participants in Thailand to earn monetary, physical, or other type of rewards and/or collect virtual items or Points (as defined below) that are exchangeable for monetary compensation (to be denominated in Thai Baht) (collectively referred to as "TikTok Rewards") from the Program held by TikTok by completing a number of activities as set out in these Terms.

We reserve the right to amend these Terms from time to time (including, for instance when we update the rules of the Program or when there are regulatory changes) or cease the Program at any time without prior notification to the Participant. Your continued participation in the Program after the date of the updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop participating in the Program.

Please read these Terms carefully before participating in the Program. By joining the Program, you confirm that you have read and understood these Terms and accept and agree to comply with these Terms. If you do not agree to any of these Terms, you cannot participate in the Program.

A. How to Participate

1. To participate in the Program, you must access the in-app H5 page of TikTok Referral Program on the Platform (“Referral Page”) on the TikTok Platform.

2. The Program starts from 10 December 2020 and shall remain in force until further notice ("Program Term"). We may amend or extend the Program Term at any time at our sole discretion. If we amend or extend the Program Term, we will make reasonable efforts to provide you with prior notice.

B. Eligibility

1. Eligible Referrer under the Program

Participant qualifies as an eligible referrer (“Referrer”) as long as the following conditions are met:

(a) the Referrer is an existing user on the Platform; and

(b) the Referrer is at least 18 years of age and/or legally competent under the applicable laws.

2. Eligible New Users under the Program

Participant qualifies as an eligible new user (“New User”) as long as the following conditions are met:

(a) the Participant shall be a new user who downloads the Platform on their device for the first time and has created a new account on the Platform using a Referral Code (as defined below) from a Referrer;

(b) the Participant shall be at least 18 years of age and/or legally competent under the applicable laws; and

(c) the Participant has not used another Referral Code to previously sign up for the Platform account.

3. Eligible Participant for Special Tasks (as defined below) under the Program

Participant qualifies as an eligible participant for Special Tasks as long as the following conditions are met:

(a) the Participant is at least 18 years of age and/or legally competent under the applicable laws; and

(b) the Participant meets the additional requirement(s) (if any) as specified in the Special Tasks Rules (as defined below).

C. General Referral Program

1. Subject to these Terms, the New User and their Referrer are eligible to receive virtual points that are exchangeable for monetary compensation (to be denominated in Thai Baht) ("Points").

2. TikTok will provide the Referrer with a unique download link (“Download Link”) and referral code (“Referral Code”). The Referrer can share the Download Link and/or Referral Code to other individuals who are eligible to be New Users as set out in Section B.2 herein.

3. The Referrer is eligible to receive a minimum of 1,000 Points if the New User successfully downloads and signs up on the Platform using the Download Link or the Referral Code of their Referrer (“Referrer Rewards”). The Referrer Rewards can only be claimed once by the Referrer per each New User who successfully uses the Referrer’s Download Link or the Referral Code.

4. The New User is eligible to receive a minimum of 1,000 Points if the New User successfully downloads and signs up on the Platform using the Download Link or Referral Code of their Referrer (“New User Rewards”). This New User Rewards can only be claimed once.

5. The final amount of the Referrer Rewards and New User Rewards will be determined at TikTok’s sole discretion based on multiple parameters including but not limited to the retention of the New Users invited by such Referrer, the engagement of such New Users on the Platform per day, and the past activities of the Referrer on TikTok.

6. The Referrer is eligible to receive additional TikTok Rewards if the referred New User successfully completes certain Special Tasks from TikTok.

7. The New User is eligible to receive additional TikTok Rewards if the New User successfully completes certain Special Tasks from TikTok.

8. Download Links and Referral Codes should not be published or distributed on commercial websites (such as coupon or deal websites or forums), blogs or via other channels. Download Links and Referral Codes may not be sold and should only be distributed free of charge for promotional purposes. Participants are prohibited from spamming others with referral invitations, including through mass emailing, texting, or messaging people you do not know with automated systems or bots through any channel. Participants are prohibited from paying to advertise their Download Links and/or Referral Codes. Participants may not mislead or attempt to mislead anyone in connection with the Program. Participants are prohibited from (i) paying (and/or offering any kind of rewards) any person to use their Download Links and/or Referral Code and/or (ii) conducting other cheating activities.

D. Special Tasks

1. We reserve the right to promote special events, tasks and activities, at our sole discretion, offering the Participant the opportunity to earn additional TikTok Rewards by performing certain tasks that are to be indicated on the Platform ("Special Tasks").

2. These Special Tasks may include (but are not limited to) limited time tasks, limited number of invitations or actions, leader board whereby the top performers and their performance results would be displayed to all other users on the Platform ("Leader Board"), and daily check-in tasks.

3. TikTok will set out the rules, terms and conditions of the Special Tasks (including but are not limited to):

(a) qualifications of the eligible participants of the Special Tasks;

(b) the starting time and expiring time of the Special Tasks (e.g. specific validity days or time);

(c) specific rules for obtaining the TikTok Rewards from the Special Tasks;

(d) the type and amount of the TikTok Rewards from the Special Tasks,

(the "Special Tasks Rules").

4. These Special Tasks Rules will be set out in the Referral Page. The Special Tasks Rules shall form an integral part of and shall be read together with these Terms.

5. Special Tasks can be initiated only after the Participant visits the Referral Page. TikTok Rewards for completing Special Tasks will not be granted to the Participant who has never visited the Referral Page.

6. We reserve the right to change the Special Tasks Rules and/or terminate any Special Tasks at anytime without prior notice.

7. If there is any inconsistency between these Terms and the Special Tasks Rules, the provisions of the Special Tasks Rules will prevail.

8. Special Tasks include but are not limited to:

(a) New User Active Duration:

If a New User uses the Platform and remains active on the Platform by watching videos for a minimum duration as specified in the Referral Page, their Referrer may be eligible to receive a certain amount of Points, starting from a minimum of 100 Points, by visiting the Referral Page after the aforementioned task is completed by the New User.

(b) Video-watching: If the Participant watches videos on the Platform for a minimum duration as specified in the Referral Page, such Participant may be eligible to receive a certain amount of Points, starting from a minimum of 100 Points, by visiting the Referral Page after the aforementioned task is completed.

(c) Publishing a Video: If a New User uploads a video onto the Platform in compliance with the Platform Terms, such New User will be eligible to receive a certain amount of Points, starting from a minimum of 100 Points, by visiting the Referral Page after the aforementioned task is completed.

(d) Sharing the Referral Page: If a New User successfully shares the Referral Page , such New User will be eligible to receive a certain amount of Points, starting from a minimum of 100 Points, by visiting the Referral Page after the aforementioned task is completed.

E. TikTok Rewards

1. TikTok Rewards may not be assigned or transferred to any other user of the Platform or third party except as expressly permitted by us in writing.

2. TikTok Rewards cannot be exchanged for any other virtual items on the Platform or other rewards.

3. The sale, barter, assignment, exchange, transfer or other disposal of any TikTok Rewards, other than as governed by these Terms, is expressly prohibited.

4. TikTok Rewards do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.

5. Any TikTok Rewards assigned, sold, or otherwise transferred without the express written consent of us are void. Any user of the Platform who violates this restriction may (a) have his or her account terminated by us, (b) forfeit TikTok Rewards from his or her account, and/or (c) be subject to liability for damages and litigation and transaction costs.

6. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate any TikTok Rewards as we see fit at our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of this right.

7. The final result(s) and total amount of any TikTok Rewards earned by each Participant under the Program shall be determined by the record(s) shown in-app on the relevant page (such as the Referral Page) of the Program on the Platform (the “Result(s) Displayed”), provided however, TikTok reserves the right to interpret and/or adjust the Result(s) Displayed if the Result(s) Displayed is(are) of any unintended error that has occurred without any fraud or wilful misconduct on the part of TikTok.

8. TikTok Rewards are provided on an “as-is” basis. TikTok does not undertake any responsibility or obligation to ensure that any TikTok Rewards will be delivered to any Participant. TikTok disclaims all warranties and representations of any kind, express or implied, including without limitation (i) any warranty or representation of usability, satisfactory quality, merchantability or fitness for a particular purpose of the TikTok Rewards, (ii) that any claims made by the manufacturers, distributors and/or service providers of the TikTok Rewards are accurate, (iii) that the TikTok Rewards will meet the Participants' requirements, or that any (iv) TikTok Rewards shall be delivered or transferred to the Participants.

9. TikTok Rewards may be subject to additional terms and conditions, and the Participants agree to comply with all terms and conditions applicable to the TikTok Rewards.

10. Any taxes applicable to the TikTok Rewards shall be borne by the Participants who receive such TikTok Rewards. For the avoidance of doubt, TikTok does not undertake any responsibility to withhold taxes on behalf of the Participants.

F. Withdrawal Requirement

1. The Participant who meets the conditions in these Terms can withdraw monetary compensation through the TrueMoney E-wallet operated and controlled by a third party operator ("TrueMoney E-wallet"), and therefore you must have a TrueMoney E-wallet account. Please make sure that the TrueMoney E-wallet account information you enter to receive monetary compensation withdrawal is accurate, complete and up-to-date. We are not responsible for any consequences, losses or damages as a result of inaccurate or incomplete TrueMoney E-wallet account information being provided.

2. At any point during the Program Term, the Participant can see how many Points he/she has accrued on a real-time basis by checking their user account on the Platform.

3. Subject to these Terms, the Participant can withdraw the monetary compensation shown as being available in your balance page by clicking the ‘Withdraw’ button on the Platform. Automatic conversions of Points into monetary compensation take place by the end of the day at 0.00 am. The applicable monetary compensation will then be made available directly into your TrueMoney E-wallet account. We will try to process withdrawal requests in a timely manner; however, we do not guarantee that payments will be made within such a specific time period.

4. By clicking the 'Withdraw' button:

(a) you indicate that you agree with these Terms and the Platform Terms; and

(b) you acknowledge that TrueMoney E-wallet is the only payment method that enables us to pay you your monetary compensation. In this regard, once we have issued a payment order, TrueMoney E-wallet will be solely and wholly responsible for the payment and you acknowledge and agree that we do not assume any responsibility for any acts and omissions of TrueMoney E-wallet.

5. The Participant is eligible to withdraw the monetary compensation once the balance meets the following thresholds:

TikTok reserves the right to change the thresholds as specified in the table above at its sole discretion.

6. Each Participant can only withdraw monetary compensation once per day. When the Program Term ends, you will be able to withdraw your balance up to 7 business days after the Program Term has ended. If you do not withdraw your balance before this deadline, your balance will be deemed to be zero or expired, and you acknowledge that we will not have any responsibility with respect to your expired balance.

7. The conversion rate from Points to monetary compensation (THB) is determined by TikTok at its sole discretion and is as specified in the Referral Page.

G. General terms of withdrawal

1. TrueMoney E-wallet may have its own terms and conditions in relation to withdrawals. In this case, separate terms and conditions with TrueMoney E-wallet in addition to these Terms may apply to the withdrawal, and may be amended from time to time by TrueMoney E-wallet. TikTok has no control over TrueMoney E-wallet's terms and conditions and shall under no circumstances be a party to any agreement or understanding between you and TrueMoney E-wallet.

2. Your monetary compensation can only be withdrawn in Thai Baht. The Thai Baht (THB) currency amount equivalent to Points you have earned is displayed on the Platform.

3. We will not charge you any fee for processing your withdrawal request. However, we are not liable for any fees that TrueMoney E-wallet may charge you when withdrawing monetary compensation according to the terms and conditions you agreed with them. Please contact TrueMoney E-wallet or refer to your applicable TrueMoney E-wallet's terms and conditions for more information.

4. Any withdrawal shall also be subject to any additional information provided by us at the time of withdrawal and any terms provided by TrueMoney E-wallet, which may include but is not limited to a daily limit on withdrawal amounts.

5. By withdrawing monetary compensation, you are solely responsible for (i) reading and understanding the TrueMoney E-wallet terms and conditions, and (ii) ensuring that you are eligible to receive monetary compensation through TrueMoney E-wallet.

6. If you are subject to any taxes imposed by any jurisdiction on any TikTok Rewards and/or monetary compensation under the Program, you will be responsible for the payment of such taxes (including any related penalties or interest) to the relevant tax authority.

7. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate the withdrawal feature as we see fit at our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of this right.

8. We reserve the right to verify your payment information, such as identity, age (by requesting a photocopy of your ID card, or other proof as may be required) and eligibility qualifications to our satisfaction prior to making any payment.

9. We reserve the right to deduct Points from your account if you are in breach of these Terms and/or the Platform Terms.

10. We may cancel any of the Special Tasks at any time. If we cancel the Special Tasks, Points earned before such cancellation will still be valid. The Participant needs to submit a withdrawal request no later than 7 business days after termination of the Points incentive, otherwise, any Points earned will be deemed to be zero or expired, and you acknowledge that we will not have any responsibility with respect to your expired Points.

H. General Rules of the Program

1. Notification. We may notify you of any TikTok Rewards received by you via Platform notifications or email messages. However, we are not responsible for unsuccessful efforts to notify. Please check your TikTok account and email messages regularly, including your “junk” folders.

2. Personal Data.

(a) For certain Special Tasks (e.g. the Leader Board), the Participant’s username, avatar, amount of TikTok Rewards received, and/or other details regarding such Participant’s participation of the Program may be displayed to other users on the Platform.

(b) Our collection, use and disclosure of your personal data and that of the Participant will be subject to these Terms and as described in the Privacy Policy.

(c) TikTok may collect the Participant's personal information in order to process the TikTok Rewards disbursement and/or delivery in accordance with TikTok's Privacy Policy.

(d) If the Participant is not willing to provide his/her personal information, then TikTok will not be able to disburse and/or deliver the TikTok Rewards. By choosing to not provide the personal data, each such Participant acknowledges and agrees that any of his/her entitlement to the TikTok Rewards from the Program shall be forfeited and he/she shall release and discharge TikTok from any obligations or liability in relation to it, and undertakes to not submit any claim to or against TikTok with respect to any matter related to the Program.

3. Cancellation and Disqualification. TikTok reserves the right to any remedy, including but not limited to suspending, cancelling or disqualifying Participant’s account and/or disqualifying any Participant from receiving any TikTok Rewards under the Program at any time at our sole discretion, if we have reasonable grounds to believe that the Participant:

(a) has tampered with or attempted to tamper with the process or the operation of the Program;

(b) has breached these Terms or the Platform Terms;

(c) has committed acts with the intent to annoy or harass any other person;

(d) has made any misrepresentations in respect of, has abused, or has employed any illegal or criminal activity (including but not limited to fraudulent actions) in connection with, the Program; and/or

(e) will or could bring us or our partners into disrepute.

4. Update of these Terms. TikTok may modify or update these Terms, including the terms and conditions of the Program, Special Tasks or the TikTok Rewards (including the amount of TikTok Rewards, withdrawal method, or limitation to any TikTok Rewards withdrawal) for each Participant at any time at TikTok’s sole discretion. The modified or updated terms and conditions will be posted and effective upon posting, or as otherwise dated. Your continued participation in the Program after the date of the updated terms and conditions constitutes your acceptance of the updated terms and conditions. If you do not agree to the updated terms and conditions, you must stop participating in the Program.

5. Acknowledgement on TrueMoney E-wallet . You acknowledge and agree that:

(a) TrueMoney E-wallet is an independent natural person or organisation separate and distinct from TikTok. There is no agency, partnership, joint venture, employee-employer, contractor, principal-agent, or franchiser-franchisee relationship between TrueMoney E-wallet and TikTok. TrueMoney E-wallet may not enter into any agreement on TikTok’s behalf. TIKTOK SHALL NOT BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF TRUEMONEY E-WALLET, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RESULTING FROM THE USE OF ANY FEATURES PROVIDED TO YOU BY TRUEMONEY E-WALLET, WHICH IS NOT RESULTING FROM TIKTOK'S WILLFUL MISCONDUCT OR NEGLIGENCE.

(b) TikTok is not responsible for (i) examining or evaluating any content or any information provided by TrueMoney E-wallet, (ii) ensuring that any content or any information provided by TrueMoney E-wallet is complete, true, accurate and/or not misleading; or (iii) ensuring that any content or any information provided by TrueMoney E-wallet complies with applicable laws and regulations.

(c) TikTok specifically disclaims all implied warranties, including any implied warranty of merchantability, of performance, of satisfactory quality, of accuracy, or of fitness for a particular purpose in relation to TrueMoney E-wallet.

(d) You agree to direct all questions, concerns and claims in relation to TrueMoney E-wallet to TrueMoney E-wallet.

(e) In the event any dispute arises between you and TrueMoney E-wallet, you shall release TikTok from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable or unforeseeable, arising out of or in any way connected to such disputes with TrueMoney E-wallet.

6. Limitation of Liability.

(a) TikTok shall not be liable for any event of force majeure (including natural disasters, the novel coronavirus (COVID-19), pandemic, mutated version of the pandemic, quarantine, activities subject to the instructions of government agencies, cyberattacks), any technical, hardware, software or inherent defects in telephone sets of any kind and shall also be held harmless from any lost or unavailable network connections, faults, incompleteness, inaccuracies, or delays caused by you or any equipment or programming associated with or utilized in the Program or any human or non-human error that may occur in the processing of the Program including inability to withdraw or any resulting withdrawal errors.

(b) To the maximum extent permitted by applicable laws, TikTok (including its respective officers, employees and agents) shall not be responsible for and exclude all liability (including those resulting from negligence), for any death, personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of (i) the Program; (ii) any technical difficulties or equipment malfunction (whether or not under TikTok's control); (iii) any theft, unauthorised access or third party interference; (iv) any variation in TikTok Rewards value whether or not stated in these Terms; (v) any tax liability incurred by or accrued to the Participant or otherwise incurred or accrued in connection with the Program; or (vii) delivery or use of the TikTok Rewards.

7. Parties’ Relationship. Your participation in the Program does not imply any agency, representation, sponsorship, partnership, or endorsement between TikTok and you.

8. TikTok’s Promotional Activities. Each Participant consents and agrees that TikTok can distribute or use the Participants' particulars (including any publicly available TikTok or Facebook or Instagram profile photo and details): (i) in connection with, or for the promotion of, the Program; (ii) in any manner, format or media, in any part of the world, including without limitation on online platforms such as TikTok, Facebook, YouTube, Twitter and Instagram; (iii) at TikTok‘s sole direction, including for any promotional or marketing purposes of TikTok and other commercial and non-commercial purposes; and (v) without any obligation to obtain further consent. Each Participant irrevocably grants to TikTok all consents and waivers necessary in connection with the above, without further compensation of any kind to the Participant.

9. Confidentiality. Any information about TikTok, its affiliates, or its products, including the Platform and the Services, that is made available to you under the Program, including but not limited to these Terms, that is not otherwise publicly available is TikTok’s confidential information (“Confidential Information”). You agree not to, directly or indirectly, disclose, publish, communicate or otherwise make available TikTok’s Confidential Information to any third party under any circumstance, unless approved in writing by TikTok.

10. Disclaimer. The Program does not involve any form of lucky draw and auctions and is based on objective award criteria. Other than as expressly set out in these Terms, TikTok does not make any representations, promises or commitments about the Program, Services, or Platform, such as the specific function of the Program, or its reliability, availability, or ability to meet your needs. The Platform and services are provided “as is”. To the maximum extent permitted by law, TikTok excludes all warranties, express, statutory or implied. TikTok expressly disclaims the warranties or conditions of non-infringement, merchantability, and fitness for a particular purpose.

11. Assignment. The Participant will not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, these Terms or any of its rights or obligations under these Terms without TikTok’s prior written consent. TikTok may freely assign these Terms or any of its rights or obligations under these Terms without the consent of the Participant.

12. Severability. If any part of these Terms is found to be illegal, invalid or otherwise unenforceable then they shall be deleted from these Terms and validity, legality and enforceability of the remaining clauses shall not in any way be affected and shall otherwise remain in full force and effect.

13. Governing Law and Dispute Resolution Forum. These Terms shall be governed by and construed according to laws of the Republic of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.

14. Entire Agreement. These Terms (including the Platform Terms) constitute the entire agreement between you and us, and supersede and extinguish all previous interactions, agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, express or implied, relating to the Program.

15. Rights of Third Parties. Unless expressly provided in these Terms, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any of its terms.

16. Remedies. Any breach of these Terms may cause irreparable harm to us, for which compensation would not be an adequate remedy and, therefore, we will be entitled to seek any other remedies we are entitled to under the law, including specific performance or injunctive relief in any jurisdiction to prohibit any breach or threatened breach of these Terms.

17. Waiver. A waiver of a breach or default under these Terms shall not be a waiver of any subsequent default. Any delay or failure by us in enforcing your compliance with any term or condition of these Terms shall not constitute a waiver of such term or condition.

18. Contact. For questions and/or concerns related to the Program, including opting out from any Leader Board under the relevant Special Tasks, please reach out to feedback@tiktok.com.