1.2 You should check these Standard Promotional Terms and any applicable Specific Promotional Terms before participating in any Promotion.
1.3 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.
1.4 Your use of each Platform itself and of any services available through that Platform are subject to the Rules.
2. Promotions and Promotion Periods
2.1 We may, from time-to-time, run Promotions and these may take the form of prize draws, competitions, contests, or other form 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, computer pop-ups and letters) We issue to tell You about each Promotion (each a “Promotion Communication”) and/or on the individual web landing page for the relevant Promotion.
2.2 For the purposes of all Promotions, the promoter is the entity You have contracted with under the Terms of Service ("We", "Us" and "Our").
2.3 The period of time during which each Promotion will run (“Promotion Period”) will be specified in the applicable 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 Platform.
3. Promotion Communications
3.1 Unless otherwise indicated in the Promotion Communication, participation in each Promotion is open to customers from any of Our Platforms. We reserve the right to restrict participation in certain Promotions to customers who fulfill specific selection criteria. Where a Promotion Communication permits multiple participants, We reserve the right, in Our sole discretion, to limit the number of participants.
3.2 Unless otherwise indicated in the Promotion Communication, it 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.
4. Eligibility to participate in Promotions
in that 4.1 To be eligible to participate in any Promotion, You must:
(a) be sixteen (16) years of age or older;
(b) be legally entitled to use Our services in accordance with Our Terms of Service;
(c) if the Promotion is specifically intended for customers who are residents of and/or located in a particular State as stated in the applicable Specific Promotional Terms, be a resident of and/or located in said State;
(d) unless the applicable Specific Promotional Terms indicate that a "no purchase necessary" route is available and subject to section 5.2 below, have successfully completed registration on the Platform for the relevant purchase or service account (“Account”) in accordance with Our Terms of Service;
(e) satisfy any other eligibility criteria set out in the relevant sections of these Standard Promotional Terms in respect of certain general categories of Promotion and in the applicable Specific Promotional Terms; and
(f) not be an Unauthorized Person (as defined in section 6, below); (a “Qualifying Customer”).
4.3 The identity of each participant in a Promotion will be determined from all or any combination of the following: name, address, email address, credit/charge/debit card number, 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.
5. Participation in Promotions
5.1 Participation in any Promotion may be automatic or voluntary.
5.2 Where participation in a Promotion is not automatic, You should follow the instructions set out in the relevant Promotion Communication, on the individual web landing page for that Promotion and, where appropriate, the applicable Specific Promotional Terms.
5.3 Unless otherwise indicated in the applicable Specific Promotional Terms, entry into each Promotion may be used only once.
6. Excluded and disqualified participants
6.1 If You have received communication from Us that you are not eligible for participating in any of Our Promotions, then You would ineligible to participate in any such Promotions or Bonus privileges.
7. Qualifying Deposits
7.1 Unless the applicable Specific Promotional Terms indicate that a "no purchase necessary" route is available (or such other dispensation is available), participation in any Promotion is subject to You having the required minimum qualifications as may be required from time-to-time, unless the Specific Promotional Terms specify that a different Qualifying requirement is required.
8.1 Qualifying participant who win a prize as the result of any Promotion consisting of a draw, competition, contest, league or tournament (each, respectively, a “Winner” and a “Prize”) must accept the relevant Prize "as is" and there is no right to a cash alternative unless We, in Our sole discretion, elect to offer such a cash alternative (which may be less than the full value of the Prize). We reserve the right, at any time, to substitute any Prize with one or more prizes (other than a cash alternative) of substantially equivalent value.
8.2 All Prizes will be drawn by the time or within the timeframe specified in the applicable Specific Promotional Terms. We will make all reasonable attempts to contact the Winner using his/her/their Account contact details, but if We have not been able to make contact with the Winner within 30 days of the Prize being won, We reserve the right to draw another Winner in place of the original Winner or to forfeit the Prize altogether without liability to the Winner.
8.3 Any transactions (e.g., chargeback fees, non-sufficient funds) that cause Your account credit balance to be negative must be paid to Us before any individual Prize is issued to You. We reserve the right to withhold any Prize that You win to cover Your negative account credit balance. We also reserve the right to withhold any Prize that You win until Your account credit balance is zero or greater. Your account credit balance must be zero or greater within 30 calendar days of You being notified of Your Prize win or such Prize may be forfeited. We reserve the right not to award a Prize or to seek the return of any Prize awarded in the event that the Winner is not entitled to receive such Prize in accordance with applicable law (provided always that the Winner is solely responsible for ensuring that s/he/there is/are entitled to receive any Prize) or if We have cause to disqualify the Winner in accordance with section 6.
8.4 If You are competing in a contest, league or tournament and are unable, for any reason whatsoever, or choose not to progress to the next round after qualifying to do so, You will forfeit Your place and will not be eligible to receive any Prize to be awarded for the next or any subsequent round or the final Prize.
8.5 Any entitlement to receive a Prize is non-transferable.
8.6 The Winner is solely responsible for the payment of any applicable tax in relation to the relevant Prize and for any costs associated with the Prize or its use, including without limitation the cost of complying with any requirements of applicable local law.
8.7 Where a Prize consists of an event, activity, holiday or the performance of a service, the Winner is solely responsible for complying with any booking or other conditions or instructions of the relevant third party provider or organizer and must be able to comply with any restrictions as to dates and times in relation to the Prize (which may not be re-scheduled) and any other eligibility restrictions imposed by the relevant third party provider or organizer. The contract in relation to any such event, activity, holiday or service will be directly between the Winner and the relevant third party provider or organizer and We will not be a party to that contract or have any liability in relation to its performance or non-performance, which shall be the sole responsibility of the relevant third party provider or organizer. We will not provide any form of insurance, including without limitation any public liability or cancellation insurance, in respect of any Prize consisting of an event, activity, holiday or service.
8.8 Where, in relation to any Prize, We make use of any third party name or trade mark, 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 or the use of any photograph of a Prize. Any photograph used to promote a Prize is for illustrative purposes only and the actual Prize may differ from the item shown in the photograph, including without limitation as to make, model, specification, color, finish, packaging and other features.
8.9 Our offering of a particular Prize implies no affiliation on Our part with or sponsorship or endorsement of the relevant third-party manufacturer, supplier, provider or organizer.
8.10 The Winner is solely responsible for all use made of the Prize. Except as expressly provided in these Standard Promotional Terms, 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, 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.
9. Prize Draws
9.1 In respect of any prize draw, if and where applicable, Winners will be drawn at random from all entries correctly submitted and, provided all participants are Qualifying Participants, no favoritism will be shown in terms of gender, age, geographic location, length of time as a Qualifying Participant, which of Our Platforms a Qualifying Participant has used, or any other factor.
10. Publicity and intellectual property
10.1 By participating in any Promotion, We may ask you to co-operate in advertising, marketing and/or publicity material and activities, at Our expense. You may also be asked (a) to wear any branded clothing or attire We may provide; and (b) to sign, if requested, an irrevocable release form allowing Us, without any compensation being payable to you, to use Your name, photograph, likeness, any comments made by or attributed to You, and to incorporate any such information and any audio/visual recording or broadcast for such promotional purposes, in any media, throughout the world.
10.2 Where You participate in any event which We host or arrange in connection with a Promotion, You agree not to make use of any third party branding or advertising for any organization which We consider to be Our competitor, including without limitation any branding or advertising for any other competing company, and You agree not to conduct yourself in a manner that might, in Our reasonable opinion, bring us, any of Our affiliates or any of Our or their respective brands into disrepute. In the event of any breach of this requirement, We reserve the right not to award a Prize or to seek the return of any Prize awarded.
11.1 We have set out below certain types of participation which we consider to be unfair and therefore to be in breach of these Promotion Terms:
a) sharing personalized promotional offers or bonuses (i.e. promotions or bonuses which are available to specific customers only) received by you e.g. via email, inbox message, links, URLs etc. with others who were not the intended recipient. This includes accessing promotions or bonuses forwarded to you by others when you were not the intended recipient;
b) concealing your country of residence in order to access a promotion or bonus that is not available in your country of residence;
c) colluding with other customers in order to take advantages of promotions or bonuses; or
d) Where you are in breach of any Promotional Restrictions, we may be entitled to cancel any awards or promotions applied to your account, reclaim any bonus element of such offers and correct, void, or remove any subsequent winnings. We may also be entitled to levy an administration charge up to the value of the bonus or additional payment to cover our reasonable administrative costs in respect of any such action that we take.
12.1 All references to sums of money will be in U.S. currency.
13. Our liability
13.1 Except where prohibited by law, 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, to the maximum extent permitted by law.
13.2 If any Promotion cannot be executed as planned, including due to any technical problems or circumstances beyond Our control, We shall incur no liability and no prize of any kind will be awarded.
14. Alteration and termination of Promotions; modification of the Rules
14.1 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 Platform, or where there has been any error in the preparation for or conduct of any Promotion affecting the result of the Promotion or the number of participants or the value of claims.
15.2 The Rules may be modified by Us at any time by posting the modified terms on the relevant page(s) of the Platform. We recommend You revisit these Standard Promotional Terms regularly. By Your continued participation in the Promotion, You accept any such modified terms.
15.1 You may not assign or transfer any or all of Your rights or obligations under the Rules.
15.2 No third party shall have a right to enforce the Rules against Us.
15.3 Failure by Us to enforce a right under the Rules does not result in waiver of such right.
15.4 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.
15.5 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 and, subject to the following section, that decision shall be final and binding on all participants.
16.6 You and We agree that the laws of California apply to the Rules and that any dispute between You and Us arising out of or in connection with the Rules or any Promotion will only be dealt with by the courts of California.
16.7 If these Standard Promotional Terms or any applicable Specific Promotional Terms are translated into a language other than English, then the English version shall prevail where there is any inconsistency.
If You have any questions, please contact Our 24/7 Customer Service team.
Effective: July 17, 2022.