Amity Loves Likes
TERMS AND CONDITIONS
Promotion Amity Loves Likes
Promoter Amity Worldwide Pty Ltd
Promotional Period Start Date: 20 November 2018 -- 7:00pm PST
End Date: 27 November 2018 -- 7:00pm PST
Announcement Date As set out in clause 14.
Notification Date As set out in clause 15.
Redemption Periods As set out in clause 16 and clause 18.
Prizes 1st Prize - $1,000 USD 2nd Prize - $500 USD 3rd Prize - $100 USD
Terms and Conditions: Information on eligibility, mechanisms on how to enter, prizes, the information in the Schedule and any document referred to in this document form part of these Terms and Conditions (Terms).
Acceptance: Participation in this Promotion (defined below) is deemed acceptance of these Terms.
Eligibility: Entry into the Promotion is open to persons aged eighteen (18) years or over or aged thirteen (13) to seventeen (17) years (Minors) who have the consent of their legal guardian (Entrants). Employees, immediate family members, retailers, suppliers, associated companies and agencies related to the Promoter are not eligible to enter in the Promotion. All entries of Entrants who are Minors and do not have the consent of their legal guardian and who enter the Promotion without disclosing or by attempting to conceal their age will be deemed invalid. The Promoter may require that the parent(s) or legal guardian(s) of the Minor enter into a separate agreement as evidence of the parent(s) or legal guardian(s)' consent to the Minor participating in this Promotion. If the Winner is a Minor, the Prize will be awarded to the Winner's parent or legal guardian on the Winner's behalf.
Promotional Period: The Promotional Period commences on the Start Date and concludes on the End Date as per the Schedule (Promotional Period).
How to enter: To enter and be eligible, Entrants must, during the Promotional Period, either download the Amity App via Google Play or the Apple Store or access the web version (all the App) and create a profile using the App. You must be signed up with your own name, and either use that name, or an alias you create. You do not have to create a community to be eligible. Only the Entrant who is the original creator of the profile can be eligible for the Prize. Entrants will be required to provide all mandatory information that may include, but is not limited to, the Entrant's full name, date of birth, email address and contact telephone number. All entries will be deemed accepted at the time of receipt by the Promoter and not at the time of transmission. All entries are final.
Eligible activity: The goal is to get the most 'Likes' on content you create during the Promotional Period. Content consists of any 'Community Chat', 'Community Message', 'Community Posts', and 'Comments' on Chat or Posts -- created by you and/or an alias you created under your profile, in any Community on Amity. Content can be original, created by you, or comments to other people's content. Content that is deemed to be spam by community admins may become in-eligible for inclusion in likes tallying (subject to review by The Promoter).
Multiple entries: Entrants must enter the Promotion in their own name using the Amity account assigned to their email address. You can only register one account. If an individual or entity is seen to have created multiple accounts to increase the number of 'Likes' on their content, they will be disqualified. The use of automated entry software or other mechanical, electronic or other means that allow an Entrant to automatically enter the Promotion repeatedly is prohibited and will render all entries submitted by the Entrant invalid.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an Entrant's identity and age) and to disqualify any Entrant. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Promotion: This Promotion is a game of skill. As such, the winning Entrant will create and share quality content that other members of Amity enjoy and 'Like'. The Winner is selected by the Promoter solely by being the first Entrant to reach the most 'Likes' of content created by the Entrant within the promotional period*.* As such, chance plays no part in determining the Winner (defined below).
The Promoter's decision is final and no correspondence will be entered into.
Prize: The top three Entrants who have accumulated the most likes combined across any pieces of content they created during the promotional period will be deemed a winner, and will win a prize. The counting of likes will end when the promotional period ends. In the event of a tie, or draw, where two Entrants finish on the same number of 'Likes', the winner will be determined by the Entrant who reached the highest number first. The highest number of 'Likes' will receive first (1^st^) prize, the second highest number of 'Likes' will receive the second (2^nd^) prize, and the third highest number of 'Likes' will receive the third (3^rd^) prize. The three (3) winners (Winners) will receive the Prize set out in the Schedule which will be awarded in the name of the Winner. Entrants agree and acknowledge that the Prize is in USD currency. The Promoter makes no representations or warranties during the Promotion on the value of the Prize including the value if it is converted to any other currency.
The Prize is non-transferable.
Entrants are responsible for any and all expenses incurred when entering the Promotion and accessing, claiming and/or using the Prize (unless otherwise stated on the App or these Terms).
Announcement Date: The Winner and/or any alternative Winner, where a second redemption period is held, will be announced within forty eight (48) hours of the End Date or end of the First Redemption Period (defined below), as the case may be (Announcement Date).
Notification Date: The Winner will be notified by email and/or telephone within seventy two (72) hours of the Announcement Date.
First Redemption Period: The first redemption period, during which the Prize may be claimed by the Winner commences on the Notification Date and ends one (1) month from the date thereof (First Redemption Period). If the winning Entrant does not claim the Prize within the Redemption Period, the Prize is deemed to be forfeited.
Unclaimed Prize: A second determination for the Prize, if unclaimed by the Winner during the First Redemption Period, will take place on the first business day after the expiry of the First Redemption Period. The Entrant with the second highest number of 'Likes' from content at the End Date will be selected as the alternative Winner, and so one for second and third prize.
Second Redemption Period: The second redemption period, during which the Prize may be claimed by the alternative Winner commences on the Notification Date and ends one (1) month from the date thereof (Second Redemption Period). If the alternative Winner does not claim the Prize within the Second Redemption Period, the Prize is deemed to be forfeited. It is then up to the Promoter, in its sole discretion, whether or not further redemption periods will follow.
Conditions of accepting the Prize: As a condition of accepting the Prize, the Winner must:
sign any legal documentation as and in the form reasonably required by the Promoter and/or Prize suppliers, including but not limited to a legal release and indemnity form; and
have, or set up, a bank account, and provide all relevant details to the Promoter, so they can successfully transfer the funds.
Unavailable Prize: If the Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter can, in its absolute discretion, reserve the right to substitute the Prize with a prize of equal value and/or specification.
Invalid entries: In the event that a winning Entrant's entry is deemed or found to be invalid, the Promoter may decide on another winning entry.
Publicity: The Winner's full name, social media handle, username, nickname and/or alias and their address (suburb and city only) will be published on the Promoter's social media accounts, including but not limited to, Facebook, Twitter and Instagram. The winning Entrant consents to the publication of such information.
Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are the Winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting the Promoter's business and any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant further agrees that they will participate in all reasonable promotional activities in relation to the Promotion as requested by the Promoter and its agents.
Liability: Except for any liability that cannot by law be excluded, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) claiming the Prize; (b) use of the Prize; (c) any entry or Prize claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or (d) any tax liability incurred by a winning Entrant.
The Promoter accepts no responsibility for late, lost, delayed, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
Online Entrants: In the event that a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with the entry.
Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the App, or the information on the App, or to otherwise undermine the legitimate operations of this Promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
Linked Sites: The promotional platform may contain links to other websites (Linked Sites). The Promoter does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the promotional platform are for the Entrants' convenience only and the Entrant agrees to access, use and otherwise deal with Linked Sites at their own risk.
App: The App is subject to the terms and conditions of use of the social media platform (Amity Terms of Service) and the Amity Behaviour Policy. By participating in this Promotion, Entrants agree to comply with the Amity Terms of Service and Amity Behaviour Policy and acknowledge that a failure to do so may result in the disqualification of an Entrant at the sole discretion of the Promoter.
Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users.
Force Majeure: If performance of the Promotion or any obligation under these Terms is prevented, restricted, or interfered with by a cause or causes beyond the Promoter's reasonable control, and if as a result the Promoter is unable to carry out its obligations, the Promoter can in its absolute discretion, subject to any written directions made under applicable legislation, cancel, terminate, modify or suspend the Promotion and/or, if necessary, to provide an alternative prize or prizes to the same value as the original Prize. The Promoter will give public notice of such an event and that the Promotion has been cancelled, terminated, modified or suspended. The term force majeure includes, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, strikes, lock-outs and work stoppages, terrorism, infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion. The excused party will use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and will proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission will be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
Delivery: The Promoter will request the Winner's bank account details on the Notification Date. The Winner must provide the Promoter with that information within the First Redemption Period, or Second Redemption Period, as the case may be. The Promoter will deliver the Prize to the Winner's account within 1 (one) month of the end of the First Redemption Period, or Second Redemption Period, as the case may be.
Disputes: Neither the Promoter or an Entrant may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting at a location determined by the Promoter to seek (in good faith) to resolve that dispute.
Entire Agreement: These Terms contain the entire agreement and understanding between the Promoter and Entrants with respect to the Promotion.
Amendments: These Terms may be amended or replaced from time to time if required by any regulatory authority.
Required Disclaimer: Apple is not a participant in or sponsor of this promotion.
Jurisdiction: These Terms are governed by the laws of Queensland and the Commonwealth of Australia. Entrants submit to the jurisdiction of the courts of Queensland.
Promoter: Amity Worldwide Pty Ltd (ABN 31 161 709 557)
Address: 484 Adelaide Street, Brisbane QLD 4000
Last updated: 20 November 2018
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.