Promotion Terms

These Promotion Terms (“Terms”) are a legal agreement between you (“you” or “Creator”) and RockyAds, LLC (“Rocky,” “we,” “us,” or “our”).

By submitting Eligible Content to Rocky’s crowdsourcing advertising platform (the “Platform”) via Rocky’s mobile app (the “App”), by clicking “I AGREE,” or otherwise manifesting your assent to these Promotion Terms, you acknowledge that you have read, understood, and agree to be legally bound by these Promotion Terms, our Terms of Service and our Privacy Policy (collectively, this “Agreement”). If you do not agree to any of these Promotion Terms, then please do not use the Platform. Our Terms of Service and Privacy Policy are incorporated herein by reference. Only with respect to this Promotion and any content submitted pursuant to the Promotion, if there is a conflict between our Terms of Service and these Promotion Terms, these Promotion Terms will govern. These Promotion Terms are considered Program Rules (as defined in our Terms of Service) for the purposes of this specific promotion.

During the Promotion Period, Rocky will provide a Payment to Eligible Creators (subject to the Weekly Caps) who submit Eligible Content in accordance with the terms set forth herein (the “Promotion”). This Promotion is separate from any ongoing contests, which are subject to separate terms. However, Eligible Content submitted under this Promotion may also count toward participation in the Rocky Fan League Promotion, provided it meets the additional eligibility and content requirements outlined in the applicable Fan League Promotion Terms located at wearerocky.com/fanleague-terms. Payment under this Promotion is separate from and independent of any rewards earned through the Fan League.

Promotion Payment Terms

• This Promotion applies only to “Open-Ended Content,” which is content not associated with a specific brand promotion on Rocky. Subject to the Weekly Cap, Eligible Creators that submit Eligible Content during the Promotion Period will receive a payment of $5.00 (the “Payment”) for each item of Eligible Content submitted via the App and shared to social media (TikTok and/or Instagram) via the App, provided that Eligible Creators may only receive Payments for a maximum of 2 pieces of Eligible Content per Industry per week. As used herein, “Industry” means each of the following industries: food & beverage, fashion & accessories, footwear, beauty, and other.
• In connection with the Promotion, Rocky will provide a total of $2,500 in aggregate Payments to Eligible Creators (the “Weekly Cap”) per week for Eligible Content submissions. If the Weekly Cap is reached during any week of the Promotion Period, no further payments will be made to Eligible Creators for the rest of the applicable week.
• If the Weekly Cap is not met during the applicable week, the remaining portion of the Weekly Cap will not roll over to the following week.
• Rocky will compensate Eligible Creators thru the PayPal/Venmo account provided in the Rocky App. It is the Eligible Creators’ responsibility to keep their preferred payment method up-to-date in the Rocky App.
• If no payment method is provided, Rocky will notify Eligible Creator via the email provided at sign-up.
• Eligible Creators must confirm their preferred payment method (Venmo or PayPal) within 14 days of receiving such email notification.
• Failure to confirm a payment method within 14 days will result in forfeiture of the Payment.
• Payments will be issued to Eligible Creator within 30 days of (“Net-30”) the Eligible Creator confirming their payment preference via email.

Wallet System & Payment Thresholds

Rocky uses an in-app wallet system (“Rocky Wallet”) to track and process creator payouts. All earnings are credited in Rocky Dollars, which have no cash value outside Rocky, are non-transferable, and may expire in accordance with our Terms of Service.

Promotion Period

The Promotion begins on March 27, 2025 at 12:01 a.m. Eastern Daylight Time and will continue until September 15, 2025 at 11:59 p.m. Eastern Daylight Time (the “Promotion Period”). Any content submitted after the Promotion Period will not be accepted.

Eligibility Requirements

To be eligible to participate in the Promotion, you agree that:

1. Eligible Content must be submitted through the Rocky App under the appropriate Industry Category and must be shared to social media (TikTok and/or Instagram) via the Rocky App.
2. You must follow Rocky on Instagram (@wearerocky_) and/or TikTok (@wearerocky_)
3. You must be eighteen (18) or older at the time you submit the Eligible Content
4. You must submit “Eligible Content,” which is content that:
   • is in video format, with a duration of 10 to 45 seconds;
   • features a brand or product that you genuinely support;
   • prominently displays the applicable product or brand in the content;
   • is submitted under the correct Industry category in the Rocky App;
   • does not include a watermark (including TikTok and Instagram watermarks);
   • complies with Rocky’s Terms of Service, including but not limited to all content quality and community guidelines;
   • has not been previously uploaded to the Platform;
   • is wholly original; and
   • complies with the Program Rules described in these Promotion Terms.

Rocky may automatically add required disclosures (e.g., #MayEarnRockyDollars) when sharing content to social platforms to comply with FTC guidelines.

Each creator that meets all of the aforementioned requirements is referred to herein as an “Eligible Creator.” Rocky reserves the right to reject any content that does not meet the criteria above.

By submitting content in connection with this Promotion, you represent and warrant that: (a) your submission does not infringe upon or misappropriate or otherwise violate the rights of any third party, and (b) you meet all eligibility requirements and all other requirements in these Promotion Terms.

Program Rules

These Promotion Terms serve as the full and complete Program Rules for this Promotion. Other campaigns on the Platform may include different or additional Program Rules related to content type, formatting, brand tagging, or submission process.

Intellectual Property

1. You retain ownership of your submitted content. While you retain ownership of your submitted content, by participating in this Promotion you agree not to license, sell, or otherwise monetize the content outside of Rocky unless expressly permitted under the applicable Program Rules.
2. By submitting Eligible Content, you grant Rocky a non-exclusive, royalty-free, worldwide license to use, display, modify, and distribute the Eligible Content: (i) to feature the Eligible Content on the Platform and on Rocky’s website; (ii) to include the Eligible Content in Rocky’s marketing decks and other internal marketing materials; and (iii) to use the Eligible Content on Rocky’s social media accounts and in paid social media advertisements in order to market, promote, and advertise Rocky’s Platform and services.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL ROCKY OR ITS AFFILIATES (THE “RELEASED PARTIES”) BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING REASONABLE ATTORNEY’S FEES. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF, RELATED TO, OR AS A RESULT OF THE PROMOTION EXCEED THE PAYMENTS YOU RECEIVED IN CONNECTION WITH THE PROMOTION.

Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties and their successors, and assigns from and against all claims arising from: (a) your breach of these Promotion Terms; and (b) your submitted content infringing upon or misappropriating or violating the rights of any third-party, including the right of publicity of any party.

Disputes

In the event of a dispute arising under or relating to this Promotion, the Parties shall finally and exclusively resolve the dispute by binding arbitration taking place in New York and governed by the Federal Arbitration Act. All issues and questions concerning the construction, validity, interpretation and enforceability of these Promotion Terms, creators rights and obligations, or the rights and obligations of Rocky in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than New York.

YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF, OR CONNECTED WITH, THE PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

Questions

If you have any questions regarding the Promotion, send an e-mail to [email protected] with the subject line “Promotion.”