NOTE THAT RULES MAY VARY FOR SPECIFIC CONTESTS.
Any individual who enters, attempts to enter or in any way participates or attempts to participate in any contest, sweepstakes or giveaways (“Contest”) conducted by JackTrip Labs, Inc. (hereinafter referred to as the “Sponsor”) (each such individual participant holder in hereinafter referred to as an “Entrant”) agrees to be bound by the terms and conditions provided in these Official General Contest Rules (“General Rules”), as well as by Sponsor’s interpretations of these General Rules which are final and binding in all matters relating to any Contest. Some Contests will have specific rules developed for them (“Specific Contest Rules”). In the event there is a discrepancy or inconsistency between these General Rules and the Specific Contest Rules, the Specific Contest Rules shall control.
NO PURCHASE NECESSARY:
Unless otherwise noted, no purchase is necessary to enter or win a prize. A purchase will also not improve your chances of winning.
APPLICABLE LAW (VOID WHERE PROHIBITED):
All Contests are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
These General Rules may also be found at www.jacktrip.com
1. ELIGIBILITY.
Geographical, Age and Parental Consent Requirements:
Unless otherwise specified, each Contest is open to only to individuals who are 13 years of age or older at the time of entry and reside and used in areas not under embargo or prohibited by the United States Export Control Laws.
Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, distributors and advertising, promotional, and (collectively, the “Contest Entities”); individuals employed; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate as a contestant in the Contest or win the prize.
Eligibility Frequency Limits: The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period. An authorized JackTrip Virtual Studio account holder may not win more than one (1) time per week or a total of three (3) times during the contest duration unless otherwise specified in the Specific Contest Rules.
2. HOW TO ENTER:
Content Submission or Skill Contest:
Consumer Created Content Requirements.
As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with the Contest (including, but not limited to your submission).
By submitting your Content, you warrant and represent that such Content: (a) is your original work, (b) has not been previously published, (c) has not been copied from other, (d) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (e) that you have obtained permission from a person whose name, likeness or name is used in the Content, and (f) and that publication of the Content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. The Sponsor reserves the right to remove or void any Content that it deems to be in violation of these Official Rules, in its sole and absolute discretion.
BY SUBMITTING ANY CONTENT, ENTRANT ACKNOWLEDGES THAT HIS/HER/THEIR CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. In consideration for your participation in this Contest and for the opportunity to win a prize hereunder, you hereby grant the Sponsor, the Contest Entities, and another authorized on their behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publicly perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose and without consideration to the entrant.
All Content submitted must confirm to the additional submission requirements set forth as follows to be eligible:
Content must comply with these Official Rules and any End User Terms of Service on the Sponsor website; In addition
- Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or promote any materially dangerous activity;
- Content cannot be offensive, endorse any form of hate or hate group;
ALL DECISIONS REGARDING THE APPROPRIATENESS OF THE MATERIALS CONTAINED IN THE CONTENT SHALL BE AT THE SOLE DISCRETION OF THE SPONSOR. The Sponsor reserves the right to reject any Content, in its sole discretion, based on the terms set forth herein as well as current standards and other operating practices and policies established by the Sponsor. CONSUMER CREATED CONTENT POSTED TO THE WEBSITE WAS NOT EDITED BY SPONSOR AND IS THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DOES NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
The authorized account holder of the JackTrip Virtual Studio account broadcast at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is registered, and with the associated Virtual Studio account.
By participating, you agree (a) to be bound by these Official Contest Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Contest; and (c) in the event that you do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited;
3. WINNER SELECTION.
Prize winners will be selected per the criteria announced for the Contest. If a winner is unable to be notified for any reason for any amount of time, the applicable prize may be forfeited and awarded to an alternate winner.
Generally notification is deemed to have occurred immediately upon placing of a phone call, email or any other method of notification as specified in the specific contest. The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s), or (if the finalist or potential winner is a minor) for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon, the entrant will automatically be disqualified and their prize will be forfeited.
Potential winner(s) is subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Contest events.
4. PRIZE(S).
Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.
The actual prizes and value of each prize will vary for each Contest. Descriptions of prizes will be announced for each Contest separately. No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment Sponsor.
If promotional cards are being awarded, promotional cards shall include and herein be referenced as “promotional card(s)” collectively to any prefunded bank card, a gift card, an electronic gift card, stored-value card or certificate, a store card, merchant card, voucher for services or goods, a gift certificate or similar instrument and other redeemable instruments with value credit or the like that may be awarded are subject to terms, conditions and restrictions as set by issuer. Promotional cards are subject to the terms of use, applicable conditions and restrictions, including any expiration dates, promulgated by issuer of card. Redemption of the promotional card will be subject to the standard terms, conditions and restrictions applicable to the participating merchant and or the card issuer in effect on the day of issuance of the promotional card. Except as required by law, the promotional card cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. The Sponsor is not responsible if any promotional card is lost, stolen, destroyed or used without permission. If the promotional card is lost or stolen, it will not be replaced. No substitutions allowed except by Sponsor at its sole discretion for a prize of comparable value.
ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
5. TAMPERING AND DELIVERY DISCLAIMER.
(a) The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with the Sponsor’s website and/or any part of the Contest; (ii) undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices, (iii) or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Rules or the Terms of Use of the Sponsor’s Website.
Released Parties are not responsible for: mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest;
The Sponsor further reserves the right to: stop or conclude the Contest at any time without prior notice. In the event of termination of the Contest by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
6. PUBLICITY.
Except where prohibited, by accepting a prize, winner(s) grant the Sponsor permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.
7. USE OF PERSONAL INFORMATION.
The Sponsor will retain the entrant's personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy.
8. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY.
By participating in the Contest, each entrant agrees to release and waive any and all claims of liability against the Contest Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Contest, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that:
(i) to release each of the Released Parties from any and all claims in connection with the Contest and the award or use of the prizes; and
(ii) the Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to the winner.
9. TAXES.
Each winner is solely responsible for reporting and paying, any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein.
10. CONDUCT AND DECISIONS.
All decisions of the Sponsor will be final and binding on all matters relating to this Contest. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Sponsor’s decisions concerning such disputes shall be final. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances.
11. MISCELLANEOUS.
Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Contest. As a condition of participating in the Contest, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Contest constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon the entrant’s fulfillment of all requirements set forth herein.
12. COMPLIANCE WITH LAW AND GOVERNING LAW.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by and construed in accordance with the laws of Delaware, excluding its conflict of laws rules. With respect to any controversy or claim arising out of or in connection with these Terms of Service, JackTrip and End-User hereby irrevocably submit to the exclusive jurisdiction of the state and federal courts located in California; provided, however, that JackTrip shall be entitled to seek equitable relief, at any time and without posting any bond or other security, in any court of competent jurisdiction.
