DS Techeetah Contest “Vote 4 Helmets”
TERMS AND CONDITIONS
ENTRY IS FREE. NO FEE IS REQUIRED TO ENTER OR WIN. NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Eligibility: The DS Techeetah Contest “Vote 4 Helmets” (the “Contest”) is open only to those Viber app users who have joined the “DS Techeetah” Community (the “Community”) on Viber app on or before the End Date (as defined below), as indicated on the Sponsor’s records, and are still members of the Community on the Announcement Date, who are 18 years old as of the date of entry and have phone number prefix of any of the following countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Iceland, Liechtenstein, Norway and United Kingdom. Employees of SECA Sports Europe Limited (the “Sponsor”) and their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Contest. The Contest is subject to all applicable laws and regulations. Void where prohibited.
- Agreement to Terms: By participating, you agree to be fully and unconditionally bound by these Official Terms and Conditions (“Terms”) of the Contest, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept all decisions of the Sponsor made with respect to this Contest as final and binding.
- Contest Term: August 28, 2020 (the “Start Date”) through August 31, 2020 (the “End Date”). Winners will be announced on or around September 7, 2020 (the “Announcement Date”).
- How to Enter: To enter the Contest the user must have a valid Viber account, join the Community on or before End Date and like the correct answer to the poll question within the Community by tapping the heart next to it. The entry must fulfil all Contest requirements, as specified, to be eligible to win a prize. Entries that are not complete, or do not meet the eligibility requirements, or do not adhere to these Terms or specifications may be disqualified at the sole discretion of the Sponsor. You may enter only once. You may not enter more times than indicated by using multiple identities or devices in an attempt to circumvent these Terms. If you use fraudulent methods or otherwise attempt to circumvent these Terms, your submission may be removed from eligibility at the sole discretion of the Sponsor.
- Prizes: The Contest will have up to four eligible winners. Each eligible winner will receive the prize, a signed 1:2 scale S5 JEV Miniature Helmet. Sponsor shall be responsible to ship out the prizes shortly after the announcement of the winners to the destination as shall be communicated by the winner. Sponsor shall not be liable for any failure by the winners to receive the applicable prize in case the shipment details provided by the winner are inaccurate or incomplete, or due to the reasons beyond
Sponsor’s reasonable control. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. The prize is non-transferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted, except at Sponsor’s discretion. Acceptance of prize constitutes permission for Sponsor and Viber Media S.a.r.l (“Viber”) to use winner’s name, likeness, and entry for the purposes of advertising, marketing, promotions and public releases without further compensation, unless prohibited by any applicable law.
- Odds: The odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification: Winners of the Contest will be selected in a random drawing by the Sponsor under the supervision of Viber. Winners will be notified by a private message sent by the Sponsor on Viber shortly following the winners announcements on the Announcement Date. Neither Sponsor, nor Viber shall have any liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of inaccurate, incomplete or otherwise non- functioning contact information. If the selected winner cannot be contacted, is ineligible, unavailable or fails to claim the prize within [ 2 ] days from the time award notification was sent, or fails to timely return a completed and executed declaration/confirmation/acknowledgements/releases as may be required by the Sponsor, the prize may be forfeited and denied The receipt by winner of the prize offered in this Contest is conditioned upon compliance with any and all applicable laws and regulations and execution of the winner form. ANY VIOLATION OF THESE OFFICIAL TERMS BY ANY WINNER WILL RESULT (AT SPONSOR’S SOLE DISCRETION) IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED AND VOID.
- Rights Granted by You: By entering this Contest you understand that Sponsor and Viber, anyone acting on behalf of each one of them, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use worldwide, in any media known now or hereafter, in perpetuity, throughout the world and on a royalty-free basis, your entry, including, without limitation, the entry and winner’s, videos, portrait, picture, voice, likeness, image or statements about the Contest, and biographical information (if shared with Sponsor and Viber), as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. You agree to participate in marketing videos, if requested by Sponsor, relating to your prize and cooperate in good faith with Sponsor’s assigned team for such purpose.
- Terms; Changes; Integrity: The Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Contest should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, the Sponsor may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions. Sponsor and Viber retain the right, in their sole discretion, to maintain the integrity of the Contest, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same device in excess of that allowed by these Terms; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, Sponsor and Viber reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor reserves the right to change the Contest or any part thereof and these Terms (including without limitation, changing the Term, the prizes etc.), and may discontinue the Contest at any time without notice, at Sponsor’s sole discretion, and without any liability on its part or on Viber’s part. Sponsor’s decisions on all matters involving the Contest will be final and binding.
- Limitation of Liability: It is hereby acknowledged that Viber is not an organizer, a sponsor or otherwise involved in this Contest and it disclaims any and all liability with respect to the Contest. By entering you agree to release and hold harmless Sponsor and Viber and each of their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) your participation in the Contest and/or your acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the promotion; (v) electronic or human error which may occur in the administration of the promotion or the processing of entries. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, sponsor’s liability shall be limited to the extent permitted by law.
- Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF ENGLAND AND WALES, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in London, UK having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased.
- Privacy: Information submitted with an entry is subject to the privacy policies of the Sponsor. Winners’ details communicated to the Sponsor may be shared with the respective service providers for the purposes of fulfilling the prize and will be used by them under their respective privacy policies. Such details will be deleted by Sponsor following completion of the prize-awarding. The participants of the Contest, by participating in the Contest under the Terms hereunder, hereby give their respective consents to Viber to share the phone numbers, names and member IDs of the winners with the Sponsor for the purposes of communication between Sponsor and the winners with respect to the Contest.