Standard Promotional Terms
Last Revised on May 14, 2020
By participating in any Promotion, you are indicating you accept and agree to be bound by the Rules and that participation is legal for you in your area. Any Promotion is subject to all applicable federal, state, provincial, municipal, territorial, and local laws and regulations and is void where prohibited by law.
In the event of any conflict or inconsistency between these Standard Promotional Terms, any applicable Specific Promotional Terms, and the Terms of Service, the Specific Promotional Terms shall prevail, followed by these Standard Promotional Terms, but only to the extent necessary to resolve such conflict or inconsistency.
For more information, contact firstname.lastname@example.org
Promotions and Promotion Periods
We may, from time-to-time, run Promotions and these may take the form of prize drawings, reward promotions, competitions, contests, sweepstakes, giveaways, or other forms of promotion, or a combination of any of these. The particular form of Promotion will be described, and full details set out, in the communications (such as emails, social media posts, or other forms of communication) we issue to tell you about each Promotion (each a “Promotion Communication”) and/or on the individual web landing page for the relevant Promotion.
For the purposes of all Promotions, the promoter is the entity you have contracted with under the Terms of Service (“we”, “us” and “our”).
The period of time during which each Promotion will run (“Promotion Period”) will be specified in the applicable Promotion Communication and/or Specific Promotional Terms. Each Promotion will automatically close at the end of the relevant Promotion Period, at which point no further participation in that Promotion will be possible. Where no Promotion Period is specified, the relevant Promotion will end when it is discontinued on the website or social media platform. We reserve the right to end the Promotion Period for any Promotion at any time, with or without notice.
Eligibility to Participate in Promotions
Unless otherwise indicated in the applicable Promotion Communication or Specific Promotional Terms, participation in each Promotion is open to any person who is legally allowed to participate, in accordance with the Rules (a “Qualifying Participant“). We reserve the right to restrict participation in certain Promotions to persons who fulfill specific selection criteria. Where a Promotion Communication permits multiple participants, we reserve the right, at our sole discretion, to limit the number of participants.
Unless otherwise indicated in the Promotion Communication or Specific Promotional Terms, any Promotion is intended for the addressed recipient or category of recipient only and cannot be transferred. If you are not the intended recipient or within the intended category of recipient, then the offer is null and void.
To be eligible to participate in any Promotion, you must:
- be eighteen (18) years of age or older, or the legal age of majority in your home country, state, or province;
- be legally entitled to use our services in accordance with our Terms of Service and your local laws;
- If the Promotion is specifically intended for persons who are residents of and/or located in a particular country as stated in the applicable Specific Promotional Terms, be a resident of and/or located in that country;
- have successfully completed registration on the website for the relevant service in accordance with our Terms of Service where applicable;
- satisfy any other eligibility criteria set out in the relevant sections of these Standard Promotional Terms and in the applicable Promotion Communication and Specific Promotional Terms where applicable;
- not be an Unauthorized Person (as defined in the “Unauthorized Persons” section below);
To be eligible to participate in any Promotion which is stated to be intended for new users or which is described as a “new user” or “sign up” offer (or similar), you must not have previously opened an account on one of our websites. Such Promotions may not be used in conjunction with any other Promotion.
The identity of each participant in a Promotion will be determined from all or any combination of the following: name, address, email address, IP address, and other forms of identification which may be required. We reserve the right to request further information from you if you wish to participate in certain Promotions.
Unauthorized Persons are not permitted to participate in any Promotion. Unless otherwise stated in the applicable Specific Promotional Terms, Unauthorized Persons include:
- Residents of jurisdictions where it is illegal to participate in Promotions and/or to win cash prizes or earn cash rewards.
- Directors, managers, employees, and other consultants or agents who are directly involved with creating and/or managing the Promotion.
- Any person who attempts to cheat or tamper with the entry process or operation of any Promotion, attempts to circumvent the Rules or the intention of the relevant Promotion, or whose conduct is in breach of the Rules, or might, in our reasonable opinion, bring us, or any of our connected companies or brands, into disrepute.
- When applicable, persons considered not eligible according to the Specific Promotional Terms for any relevant Promotion.
- Any person who has been disqualified or had their eligibility revoked by us for any reason.
(Collectively, “Unauthorized Persons“)
We reserve the right to disqualify or otherwise revoke eligibility from any person, account, or other form of entry at any time for any reason, at our sole discretion.
If an Unauthorized Person participates in any Promotion, we reserve the right to seek the return of any payment, award, or other prize or earnings delivered to that person, without liablity.
Prizes and Rewards
A Qualifying Participant who wins a prize or award for participation in a Promotion (each, respectively, a “Winner” and a “Prize“) must accept the relevant Prize as-is and there is no right to an alternative unless we, at our sole discretion, choose to offer such an alternative. We reserve the right, at any time, to substitute any Prize with one or more Prizes of substantially equivalent value, as determined by us.
A Qualifying Participant who earns a payment or other reward for participation in a Promotion (each, respectively, an “Earning Participant” and a “Participation Reward“) must accept the Participation Reward as-is and there is no right to an alternative, unless we, at our sole discretion, choose to offer such an alternative. We reserve the right, at any time, to substitute any Participation Reward with one or more Participation Rewards of substantially equivalent value, as determined by us.
Promotions that include random drawings for Prizes (“Prize Drawings“) will be conducted within the time frame specified in the applicable Promotion Communication or Specific Promotional Terms. Such Prizes are drawn at random and, provided all participants must be Qualifying Participants, no favoritism will be shown in terms of gender, age, geographic location, length of time as a Qualifying Participant, or any other factor.
Promotions that include earned rewards for participation (“Reward Promotions“) will be conducted within the time frame specified in the applicable Promotion Communication or Specific Promotional Terms. Such Participation Rewards are earned by completing the actions or reaching the goals as described in the applicable Promotion Communication and/or Specific Promotional Terms and, provided all participants must be Qualifying Participants, Participation Rewards will be paid or delivered within the time frame specified in the Promotion Communication or Specific Promotional Terms, in accordance with the Rules.
Where we arrange for a Prize or Participation Reward to be delivered, we will make all reasonable attempts to contact the Winner or Earning Participant using the contact information we have, but if we have not been able to make contact with the Winner or Earning Participant within 30 days of the Prize being won or Participation Reward being earned, we reserve the right to draw another Winner or to forfeit the Participation Reward altogether without liability to the Winner or Earning Participant.
For Participation Rewards or Prizes in the form of cash or monetary currency, payment is made with a mailed check, online check, online money transfer, and/or other means of payment directly to the Winner or Earning Participant.
We reserve the right not to award a Prize or Participation Reward or to seek the return of any Prize or Participation Reward in the event that the Winner or Earning Participant is not entitled to receive such Prize or Participation Reward in accordance with applicable law or if we have cause to disqualify the Winner or Earning Participant in accordance with the Rules.
Any entitlement to receive a Prize or Participation Reward is non-transferable unless otherwise stated in the applicable Promotion Communication or Specific Promotional Terms.
The Winner or Earning Participant is solely responsible for the payment of any applicable tax in relation to the relevant Prize or Participation Reward and for any costs associated with the Prize or Participation Reward.
Except as expressly provided in these Standard Promotional Terms, applicable Specific Promotional Terms, and our Terms of Service, no representations, warranties, conditions, or other terms are made, given, or accepted by us and no other terms shall apply, as between us and any person, in relation to any Prize or Participation Reward, including without limitation any terms as to suitability, reliability, satisfactory quality or fitness for purpose, or any other implied terms, all of which we exclude to the maximum extent permitted by law.
In respect to any Prize Drawing, Winners will be drawn at random from all applicable entries correctly submitted and, provided all entries are from participants who are Qualified Participants in accordance with the Rules (each, a “Valid Entry“), no favoritism will be shown in terms of gender, age, geographic location, length of time as a Qualifying Participant, or any other factor.
The drawing process is as follows:
- Each participation entry is given a unique ID number.
- A random number generator is used to determine a winning ID number.
- The details of the entry associated with the winning ID number are checked to verify that the entry is a Valid Entry from a Qualifying Participant.
- Upon confirmation that the entry associated with the winning ID number is a Valid Entry, the drawing is complete and the Qualifying Participant associated with that Valid Entry is the Winner.
- In the event that the entry associated with the winning ID number is determined to not be a Valid Entry or is associated with an Unauthorized Person, the drawing process will be reset and a new winning ID number will be randomly generated.
This process is conducted by our Promotion Manager, or such other responsible person as determined by us.
In respect to any Reward Promotion, rewards or earnings made by Earning Participants will be paid/delivered within the time frame described in the applicable Promotion Communication or Specific Promotional Terms, provided the Earning Participant is a Qualified Participant in accordance with the Rules.
When Participation Rewards include cash rewards or payments, the Earning Participant is solely responsible for any applicable tax in relation to the relevant Participation Reward and for any costs associated with the Participation Reward or its use.
In the event that a Participation Reward is earned by an Unauthorized Person or an Earning Participant is disqualified from the applicable Promotion, the Participation Reward will be forfeited without liability to the Earning Participant.
Privacy, Publicity, and Intellectual Property
By participating in any Promotion in which you win a Prize or earn a Participation Reward, or in any contest or competition in which you successfully progress to a second or subsequent round, you agree to cooperate in all advertising, marketing, and publicity material and activities we may, at our expense, produce or arrange. You also agree to allow us, without any compensation being payable, to use your name, images you’ve shared on our website(s), likeness, and any comments made by you or attributed to you within our network, and to incorporate any such information for such promotional purposes, in any media, throughout the world.
Where, in relation to any Prize or Participation Rewards, we make use of any third-party name or trademark, these are proprietary to the relevant third party. No license, affiliation, sponsorship, or endorsement is claimed or should be inferred from the use of these names or trademarks.
Our offering of a particular Prize or Participation Reward implies no affiliation on our part with or sponsorship or endorsement of any relevant third-party manufacturer, supplier, provider, or organizer.
When Promotion Communications are delivered by way of third-party websites or platforms, such as social media networks like Facebook, LinkedIn, or Instagram, no affiliation, sponsorship, association, or endorsement with such third parties is claimed or should be inferred from the use of those platforms.
Release and Limitations of Liability
By participating in any Promotion, participants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with any Promotion, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties)” from and against any claim or cause of action arising out of participation in any Promotion or receipt or use of the Prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with any Promotion, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in any Promotion; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, or text messages; (e) any other errors or problems in connection with any Promotion, including, without limitation, errors that may occur in the administration of any Promotion, the announcement of the Winner(s), the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or text messages, or in any Promotion-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in any Promotion or acceptance, receipt or misuse of the Prize (including any travel or activity related thereto). Participant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the relevant Promotion, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in any Promotion. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
We accept no liability in relation to your participation (or inability to participate) in any Promotion, including, without limitation, any use made by you of (or inability to use) any Prize or Participation Reward, to the maximum extent permitted by law.
If any Promotion can not be executed as planned, including due to any technical problems or circumstances beyond our control, we shall incur no liability and no bonus, payment, prize, or alternative of any kind will be awarded, at our sole discretion.
We reserve the right to alter, discontinue, or terminate any Promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any printing, production, distribution or other error in any Promotion Communication or on the website, or where there has been any error in the preparation for or conduct of any Promotion affecting the result of the Promotion or the eligibility of participants.
Any attempt by any person to damage the website or undermine the legitimate operation of any Promotion may be a violation of criminal and civil law, and, should such an attempt be made, we reserve the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by us to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
The Rules may be modified by us at any time. We recommend you revisit these Standard Promotional Terms regularly. By your continued participation in any Promotion, you accept any such modified terms.
You may not assign or transfer any or all of your rights or obligations under the Rules.
No third party shall have a right to enforce the Rules against us.
Failure by us to enforce a right under the Rules does not result in waiver of such right.
If any part of the Rules is found to be unenforceable as a matter of law, all other parts of the Rules shall be unaffected and shall remain in force.
Our determination and decision on all matters will be final and no correspondence will be entered into. Any dispute or situation not covered by the Rules will be resolved by our management in a manner it deems to be the fairest to all concerned.
If these Standard Promotional Terms or any applicable Promotion Communication or Specific Promotional Terms are translated into a language other than English, then the English version shall prevail where there is any inconsistency.
Except where prohibited, each participant agrees that any and all disputes, claims and causes of action arising out of, or connected with, any Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Delaware. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participants rights and obligations, or the rights and obligations of the Us in connection with any Promotion, shall be governed by, and construed in accordance with, the laws of Delaware, 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 Delaware.