General Terms and Conditions

Spark™ Collective Programme

The Spark Influencer Collective is a programme created by Ormco B.V. in order to select the influencers and connect them with the 3rd parties, participating practitioners, that will be part of the Spark Collective EMEA campaign, to undergo a Spark Clear Aligner System treatment and document their experience (hereinafter the “Programme”).

The Programme is organized by Ormco B.V., a Dutch corporation with a principal place of business located at Amsterdamseweg 51B, 3812RP, Amersfoort, Netherlands, ID no. 31041706 promoting its brand “SPARK” (hereinafter the “Organizer” or “We” or “Us”).

Purpose of the programme is matching the Influencers with participating practitioners interested in cooperation with the Influencers. The Organizer is not to provide any compensation neither to the Influencer nor to participating practitioner.

The touch point of the Programme will be held on the dedicated Organizer’s website (hereinafter the “Organizer’s Website”) at the following address: https://sparkaligners.com/en/influencer-collective

Please read these General Terms and Conditions carefully (hereinafter the “GTCs”). They govern your participation in the Programme. By participating in the Programme, you unconditionally accept and agree with these rules and the terms of use of the Organizer Website available here.

These Programme GTCs may be time to time updated by Us throughout the term of the Programme, but you may always find them at the following address: https://sparkaligners.com/en/generaltermsandconditions

The Influencer

The Programme is open to all individuals who:

are citizens and/or residents of the following countries: United Kingdom and Ireland.
have a valid and personal Instagram account, with at least 10k authentic followers.
can prove the majority of their followers reside in United Kingdom and Ireland.
must be able to express himself/herself in English.

(hereinafter the “Influencer(s)” or “You”).

The Influencer also warrants and represents that:

to have the legal capacity and is free contractually to enter into the Programme;
to be eighteen (18) years of age or older and to agree to provide identification to confirm their age on request.

Entry into the Programme may only take place via the Organizer Website. Entering the Programme indicates full and absolute acceptance of all provisions of the present official GTCs.

In cases of suspected fraud and/or unfair participation, the Organizer reserves the right to conduct any verification it deems necessary. Any established corrupt or fraudulent practice will result in an immediate and definitive removal of the Influencer participation into the Programme, final, without notice.

Any participation that is incomplete or inaccurate, or that do not follow the procedure set out above shall not be considered and so shall invalidate the participation.

Procedure of participation

Timeline

The applications periods shall be open all year.

From 1st of March 2024, 12 am to 31st of December, 2024 (hereinafter the “Application Period”).

Candidacy

In order to present their candidacy to the Programme, it is necessary for the Influencers to fill out the form on the website.

Process of selection

The Influencers will be selected by the Organizer based on the following criteria:

65% of followers reside in the United Kingdom and Ireland
Influencer has a clear malocclusion (teeth misalignment) and is suitable for a Spark Clear Aligner treatment (decided by practitioner)
Influencer is 18 years of age or older.
Influencer has at least 10k followers.

The selection will be at the sole discretion of the Organizer who will assess the suitability of each application based on the above objective criteria. Organizer is free to refuse participation of any Influencer. You understand that even if selected by the Organizer, you are not guaranteed the interest of the participating practitioner to conclude the influencer agreement.

Selected Influencer will be notified by the Organizer.

Each selected Influencer will be contacted by the Organizer to discuss the terms of the collaboration, and the pre-selected participating practitioner will be communicated. If the Influencer agrees his details will be communicated to the participating practitioner, which may approach him with the details of cooperation covered in the Influencer agreement (the “Influencer Agreement”).

Both Influencer and the selected practitioners are free to refuse any mutual cooperation. To avoid any doubts the Influencer agreement is to be entered between the Influencer and the participating practitioner, Organizer is not to be a party to the Influencer Agreement.

The Influencer Agreement will contain and details such as the different types of services that the Influencers will be required to provide, the conditions of the rights assignment (both Image rights and Intellectual Property rights) as well as industry standard provisions usually inserted in influencers agreements.

The agreement will be between the influencer and the practice (not directly with us)

By enrolling into the Programme, You recognize that you are expected to enter and go through the Spark Clear Aligner System treatment once you have been selected by the Organizer, and entered Influencer Agreement with the participating practitioner.

You understand that the continuity of the treatment is your responsibility as well as the participating practitioner’s, and that the Organizer could in no event be held liable for that purpose.

The initial consultation of the Selected Influencer with a practitioner will be facilitated by the Organizer. The suitability of the Selected Influencer to the Spark Clear Aligner System treatment will be determined during the initial consultation.

In the situation the Selected Influencer is not declared by the practitioner suitable for Spark Clear Aligner System treatment, then the participation of the Selected Influencer to the Programme, as well as the Influencer Agreement shall not be deemed valid.

The Organizer shall not be held liable regarding the Selected Influencer treatment, nor incur any liability whatsoever in the event of force majeure or other similar events which are beyond its control (including, but not limited to technical problems, losses or delays in postal services,) interfering with the organization and management of the Programme.

If exceptional circumstances require, the Organizer reserves the right to postpone, shorten, extend, modify, cancel or suspend the Programme and the liability of the Organizer cannot be sought as a result. The Organizer shall not be held liable for any dissatisfaction, incidents and/or accidents that may occur during the Influencers’ treatments.