The following are the terms and conditions of the Apperfun promotions, sweepstakes, raffles, draws and contests (the “Promotion(s)” and the “Rules”), which are sponsored by Apperfun Ltd. (“Company”, “us” or “we” or “our”). The Promotions will be made available on and in connection with the Company’s Blingz application (the “Game” or the “App”), on the Company’s and the Game’s official social media pages, profiles, channels and accounts (collectively, the “Social Media Channels”), and through any other channel operated by the Company (together with the Game, the “Services”). Participation in a Promotion shall be subject to the provisions below and the Company’s Terms of Service (“Terms”) and Privacy Policy (“Privacy Policy”).
By participating in a Promotion held by the Company, you hereby represent and warrant that you have read and shall be bound by these Rules, the Terms, the Privacy Policy, and any and all other terms and conditions relating to the Promotion. In the event you do not agree to be bound by these Rules, the Terms or the Privacy Policy, or any amendment thereto, you must not participate or otherwise take part in any Promotion.
Capitalized terms used but not defined herein shall have the meaning given to them in the Terms.
1. Eligibility
Eligible entrants must be: (i) eighteen (18) years of age (or the applicable age of majority in your state or country of residence, whichever is higher) or older; and (ii) eligible under the Terms and applicable law to participate in the Promotion.
Company reserves the right to refuse participation of specific persons or of persons located in a specific territory at our sole discretion. In addition, we may add to or change the conditions for participating in any or all Promotions from time to time at our discretion and you shall not have any claims in this regard. In addition, “Related Persons” may not participate in any Promotion. A “Related Person” is a person who is employed by or otherwise providing to the Company any services, holds any office or position with the Company, persons involved in any way in the creation, development, fulfillment, management and execution of a specific Promotion, and the immediate family members and other household members (i.e., spouses, parents, grandparents, children, grandchildren, roommates, housemates, significant others, partners, and siblings) of any of the above; all whether directly or indirectly, through a controlled company or otherwise.
If you do not meet the eligibility requirements above or as otherwise established in connection with a specific Promotion, your entry to a Promotion shall be void. EACH PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Where a Promotion is entered through a Social Media Channel, you must additionally hold an account with the applicable social media platform that is in good standing and comply with that platform’s own terms of use. You are solely responsible for compliance with the applicable platform’s terms, and the Company shall not be liable for any consequence of your failure to comply with them, including the suspension or removal of your account or entry by the platform.
Company reserves the right to ask you at any time to provide us or our designated third parties with additional information such as, but not limited to, proof of your age, identity or residency in order to participate in any Promotion. You agree, on demand, to present Company, or any third party on its behalf, with valid documentation to our satisfaction. If you are unable to provide satisfactory documents, we may exclude you from the applicable Promotion and any prizes or privileges may be forfeited without compensation of any kind. You hereby irrevocably waive any claims or rights in connection with any such exclusion or forfeiture.
2. How to Enter a Promotion
During the period of any specific Promotion (the “Promotion Period”), you can enter the Promotion by using the Services and following the links and instructions for entering the Promotion. The description of the Promotion may be available within the Game, within the applicable Social Media Channel post, or via an external document, which will be made available during the Promotion Period.
You must enter the Promotion during the Promotion Period of the relevant Promotion in order to be eligible to win the applicable prize(s). Company or our affiliates’ systems, and where applicable the records of the relevant social media platform, will be used for determining when the Promotion Period of a certain Promotion has commenced or concluded, and such determination shall not be disputed for any reason.
Entries that are determined by us to be fraudulent will be considered void, and the person making such an entry may be barred from participating in the Promotion and, in Company’s sole discretion on a case-by-case basis, banned from any future participation in any of Company’s future Promotions or Services.
Proof of sending or submission will not be deemed to be proof of receipt. You hereby agree that in no event will you have any claims against us, and we shall assume no responsibility for any requests, entries, comments, replies, messages or submissions that were not received or acknowledged by us, for any reason whatsoever (including any failure, delay, filtering, moderation or removal by a social media platform), or which were received before or after the Promotion Period for the applicable Promotion.
Company reserves the right at its sole discretion to disqualify any individual who is found to be (i) acting in violation of these Rules or the Terms; or (ii) acting in an unsportsmanlike, abusive or disruptive manner, with the intent to disrupt, interfere with or undermine the legitimate and fair operation of the Promotion or the Services; (iii) intending to annoy, abuse, threaten or harass any other person; or (iv) engaging in any form of cheating, fraud, deceit, dishonesty or other misconduct. If any such behavior is only discovered after any applicable prize has been granted to you, then you shall be required, upon demand, to return the prize (or provide equivalent compensation) to us immediately upon receipt of our demand to do so.
Use of robotic, mechanical or other forms of pre-programmed or automated entry methods is strictly prohibited and may result in your disqualification from the Promotion or from future use of the Services. This includes the use of bots, scripts, engagement-farming services, purchased followers, likes or comments, or any other artificial means of generating entries or engagement. Entrants may not use such manipulation tools and Company reserves the right (in its sole discretion), from time to time, to implement entry processes that may frustrate or prohibit such automated entry; provided, however, that no entrant in any Promotion may rely upon or insist upon Company’s failure or refusal to take any of the foregoing actions or to determine, in its sole discretion, that one entrant’s entry should be discounted because another entrant’s entry was, or vice versa.
You may not use multiple email addresses, accounts, social media profiles or identities, or any other similar method, in order to participate in any Promotion. An email address shall be considered to belong to the person using such email address to register their account. Where entry is made through a Social Media Channel, only one (1) entry per person per Promotion will be counted regardless of the number of profiles, comments, replies or shares submitted, unless the specific Promotion terms expressly state otherwise.
3. Social Media Promotions and Raffles
Where a Promotion is announced, hosted or administered on a Social Media Channel (a “Social Media Promotion”), the specific post, story, video or other publication announcing the Promotion will set out the applicable entry mechanic, which may include actions such as commenting on or replying to a post, liking or reacting to a post, following the applicable account, sharing or reposting a publication, tagging other users, submitting a photo, video, caption or other user-generated content, or any combination of the foregoing.
Platform disclaimer. Each Social Media Promotion is in no way sponsored, endorsed, administered by, or associated with Meta Platforms, Inc. (Facebook, Instagram, WhatsApp, Messenger and Threads), TikTok, YouTube, Google, X, Snap, Discord, Twitch or any other social media platform, network or service (each, a “Platform”). Any information you provide in connection with a Social Media Promotion is provided to the Company and not to any Platform. By entering, you agree to release and hold harmless each applicable Platform from and against any and all claims, damages, losses, liabilities and causes of action arising out of or relating to your participation in the Promotion or your receipt or use of any prize. Any questions, comments or complaints regarding a Promotion must be directed to the Company and not to any Platform.
Entries submitted through a Social Media Channel must not contain any content that is unlawful, infringing, defamatory, obscene, hateful, harassing, discriminatory, sexually explicit, threatening, misleading, or otherwise objectionable, and must not contain the personal data of any third party, any third-party trademark, copyrighted work, or the name, image or likeness of any person, without that person’s or rights holder’s prior consent. Company may remove, reject or disqualify any entry at its sole discretion without notice and shall be under no obligation to publish, retain or display any entry.
By submitting any content, caption, photograph, video, comment or other material as part of an entry, you represent and warrant that the content is your own original work, that you own or control all rights necessary to submit it, and that its use by the Company as described in these Rules will not infringe or violate the rights of any third party. You hereby grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable and transferable license to use, reproduce, adapt, edit, translate, publish, distribute, display and otherwise exploit such content, in whole or in part, in any medium and for any purpose, including advertising and promotional purposes, without any further notice, attribution, approval or additional consideration.
Company shall not be responsible or liable for any act, omission, outage, error, downtime, technical failure, algorithmic decision, moderation action, policy change, or discontinuation on the part of any Platform, or for any entry that is lost, delayed, filtered, hidden, removed or not displayed as a result. If a Platform’s terms, policies or technical limitations prevent the Promotion from being conducted as contemplated, Company may modify, suspend, extend, relocate or terminate the Promotion in accordance with Section 9 below.
Unless expressly stated otherwise in the specific Promotion terms, following, liking, commenting on or otherwise engaging with a Social Media Channel does not create any employment, agency, partnership or other relationship between you and the Company, and does not entitle you to any compensation.
4. Promotion Types
To the extent a Promotion is chance-based (including any raffle, sweepstakes or draw), the following will apply:
In case of a draw, winners will be selected at random via a fair automated computer system from among all eligible entries received during the applicable Promotion Period.
You may also enter into the Promotion, free of charge and without any purchase or payment, by contacting Company during the Promotion Period via the email address detailed below. The subject of the email must include “Free participation request – [NAME OF PROMOTION] Promotion”. The email must contain your username, phone number, email address and date of birth. Provided that such valid email (i) is associated with your account registered to our Services, and (ii) is received by us during the applicable Promotion Period for the relevant Promotion, each valid email received will allow you to receive one (1) ticket into the Promotion.
To the extent multiple draws take place in a single Promotion, players may participate in all draws; however, they will only be eligible to win in one (1) draw.
To the extent a Promotion consists of a skill-based competition, Company will provide details regarding the nature of the competition, the judging criteria and the identity or qualifications of any judges within the Services or in the specific Promotion terms.
Company shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and shall not have any obligation to advise you of an incomplete, invalid, or undeliverable submission. No other form or method for submitting an entry will be considered, unless otherwise set forth in a specific Promotion description.
5. Prizes and Selection of Winners
The manner in which a winner is selected may vary depending on the Promotion and will be detailed in the description for each Promotion or as otherwise posted via our Services.
Our decisions regarding the administration and operation of any Promotion, including, without limitation, the selection of potential winners from all eligible participants, are final and binding in all matters related to the Promotion.
Prizes will vary from one Promotion to another and will be indicated in the description for the applicable Promotion. Unless specifically stated otherwise, odds of winning any Promotion will depend on the total number of eligible entries received for such Promotion.
If a prize, or any portion thereof, cannot be granted for any reason, we reserve the right (but not the obligation) to substitute such prize for one of equal or greater value. No cash alternative will be offered unless expressly stated in the specific Promotion terms.
All prizes hereunder are offered “as is” without warranty either express or implied. All prizes are personal, and you are not allowed to transfer, assign, exchange or substitute any prize received from participating in a Promotion.
You shall be solely responsible for any taxes or fees associated with your receipt of a prize. Any and all taxes on a prize, and any other expenses not explicitly stated herein, are the sole responsibility of the prize recipient.
Third party terms and conditions may apply to certain prizes, where applicable, and your acceptance of such terms and conditions may be required in order to be rewarded with the prizes. You acknowledge that Company has no connection or liability to such third parties. Any problems or complaints that you may have with regard to such third parties should be directed to such third parties.
6. Notification and Claiming Prizes
Company will notify each potential winner by sending a notification within the Services, by publishing or replying on the applicable Social Media Channel, by direct message on the applicable Platform, or via the contact details provided by the potential winner, within ten (10) business days from the selection of winners.
Except where legally prohibited, the potential prize winners may be required to sign and return, within seven (7) days of being notified, an affidavit/declaration of eligibility, liability and publicity release (“Affidavit”) in order to claim their prizes.
We will make one attempt to contact the potential winners within seventy-two (72) hours. If we are unable to contact the potential winner within the specified time frame, or if such potential winner fails to sign and return the Affidavit or is otherwise disqualified or does not comply with these Rules or the Terms, Company may forfeit the prize and grant it to another winner.
Company will never request payment of any kind, card details, bank credentials, or account passwords in order for you to claim a prize. Any such request does not originate from the Company. Winners are notified only through the official channels described above, and you should treat any other communication claiming to award you a prize as fraudulent and report it to us.
It is your sole responsibility to notify us in writing if your contact details changed during the Promotion Period, and to ensure that your account or profile settings permit you to receive our notification (for example, that direct messages are not blocked).
If any potential winner is required by any applicable law, these Rules, or by any other rules for any applicable Promotion to comply with additional conditions or requirements in order to participate in the Promotion and receive the prize, such potential winner must fully comply with such requirements within the time set by us as a condition to receiving the prize.
Prizes will be delivered to winners up to ten (10) business days from Company receiving all information required and the winners complying with all conditions and requirements, unless Company, in its sole discretion, has any reason to believe the winner is not eligible to participate in the Promotion or to be awarded the prize.
If you win a prize, you may be required to take part in reasonable publicity, including in publicity events taking place after the Promotion Period. By accepting the prize you hereby agree to participate in any reasonable publicity, as required by Company, without any additional payment or consideration.
7. Limitations of Liability and Release
By entering into a Promotion, you agree to release, indemnify, and hold harmless Company, and its respective parents, subsidiaries, affiliates, distributors, suppliers, and advertising, promotional and judging organizations, each applicable Platform, and each of their respective employees, officers, directors, shareholders, and agents (collectively, the “Releasees”) from and against any and all third-party claims, actions, damages, losses, liabilities, costs, expenses, injuries, or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Promotion, including without limitation (i) the administration of the Promotion, such as typographical, printing, seeding, human or other errors relating to or in connection with the Promotion, the processing of entries, the announcement of the prize or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, or damaged entries, any delays in delivery or lack of availability of the prize or prize materials; (ii) your participation in the Promotion offered by Company or your acceptance or use of a prize, or participation in any prize-related activities, including, without limitation, any travel related thereto, and death and bodily injury (including emotional distress), due in whole or in part, directly or indirectly, to participation in the Promotions or any Promotion-related activity, and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy; (iii) any error, omission, interruption, deletion, defect, or delay in operation or transmission on the Services or on any Platform; or (iv) liability, loss or damages arising from or in connection with participation in the Promotion, the awarding, receipt, or use or misuse of any prize or participation in any prize-related activities.
By entering into a Promotion, you agree to indemnify, defend and hold harmless the Releasees from and against any and all claims, expenses, and liabilities (including reasonable attorneys’/legal fees) arising out of or relating to your or any other user’s participation in the Promotion, including any claim that content you submitted infringes the rights of any third party.
In no event will the Releasees be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages, other than your actual out-of-pocket expenses arising out of your participation in a Promotion. Without limiting the foregoing, the Services are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages or the exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
By accepting a prize, you irrevocably release and forever discharge Company, its successors, assignees, and licensees from any future claims arising from the Promotion, the Services or the prize. By accepting the prize, you agree that you will not assert or maintain against Company, its successors, assigns and licensees, any claim, action, suit or demand of any kind or nature whatsoever, including but not limited to those grounded upon invasion of privacy, rights of publicity or other civil rights, or for any reason in connection with your participation in the Promotion, the Services or accepting the prize.
8. Sponsor
The Promotions are sponsored solely by Apperfun Ltd. and are not endorsed by, affiliated or associated with, maintained, or sponsored by any third party other than Company, including any Platform. All products, services and names referenced or included are the registered trademarks of their original owners. The use of any mark, name, image, or likeness is for identification and reference purposes only and does not imply any association with the trademark holder, respective individual, or their brand. Company expressly disclaims any affiliation with any third-party trademarks or rights of publicity referenced or included in the Promotions, or related materials. The use of any mark, name, image, or likeness is not intended to mislead or confuse the customer, or to infringe on the copyright, rights of publicity, or trademark of any third party. Such use in no way indicates any relationship with any third party, nor does it signify that any such third party is the source of, endorses, approves of, or sponsors the use of our Services.
9. General
By participating in any Promotion, you hereby consent to Company’s usage of any one or more of the following for on-air broadcast, online usage (including on the Social Media Channels) or for any other advertising and promotional purpose in any medium whatsoever without payment of any additional consideration: the entrant’s name; social media handle or username; voice; likeness; biographical information; participation in the Promotion; prizes won; and the substance of the entrant’s entry form or any other Promotion submissions. Each entrant hereby grants Company a perpetual, unlimited, non-exclusive, royalty-free right and license to use any or all of the foregoing in any manner as determined by us in our sole discretion. All processing of personal data by us will be made in accordance with the terms of our Privacy Policy.
Without limiting the foregoing, in the event Company is prevented from continuing with the Promotion as contemplated by any event beyond its control, including, without limitation, a force majeure, fire, flood, epidemic or other national health emergency, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite, platform or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, public health crisis, or other cause not reasonably within its control, then Company shall also have the right to modify, suspend, extend or terminate the Promotion with or without notice.
To the extent permitted by applicable law, Company reserves the right to: (i) modify, alter, or change the Rules, regulations, and prize amounts of any Promotion; and (ii) modify, alter, change or cancel the Promotion, at any time in its sole discretion, with or without prior notice. Notwithstanding the above, Company will make reasonable efforts to make changes to the Rules or the Promotion known prior to the beginning of a Promotion. You acknowledge that you shall be responsible for staying up to date with any and all changes made to the Rules or a Promotion. In the event of a modification to a Promotion, your continued participation in the Promotion constitutes acceptance of the modified Rules.
Any and all disputes under these Rules shall be resolved in accordance with the requirements under the Terms, including the binding arbitration and class action waiver clause contained therein.
Company reserves the right to: (i) terminate or declare any Promotion null and void and rescind any prize, if in its sole judgment, the Rules or the integrity of the Promotion have been violated or compromised in any way, intentionally or unintentionally, by any person, whether or not a participant in the Promotion; (ii) alter or amend these Rules at any time; or (iii) stop or conclude any Promotion at any time without prior notice. Material changes to these Rules will be posted on the Services, when practical.
Company shall be the sole arbiter in all matters relating to any Promotion and the interpretation of these Rules. Our decisions will be final as to all matters, including, without limitation, whether any entry submitted is valid or not.
To the extent a Promotion has in place specific promotion terms, and in case of a conflict between these Rules and the specific promotion terms or the Terms, the order of precedence shall be as follows: (i) specific promotion terms; (ii) these Rules; and (iii) the Terms.
If any provision of these Rules is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
10. Contact Us
All Promotions offered on and through the Services are sponsored by Company. If you have any questions regarding the operation or offering of any Promotion, or to submit a free participation request as described in Section 4 above, please contact us at: support@apperfun.com.
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