1. Description of the Sweepstakes.These Rules govern the 2015 Appjolt Sweepstakes (the "Sweepstakes"). The Sweepstakes consists of the Prizes listed in Schedule 1 of these Rules. The Sweepstakes will begin on January 1st, 2015 at 12:00:00 AM, EST and will end on December 31, 2015 at 11:59:59 PM EST (the "Promotion Period"). These rules governs entrants’ (each an "Entrant") admission, prizes eligibility and conduct with respect to the Sweepstakes. An Entrant is also herein referred to as "you" (including all applicable abbreviations).
2. Eligibility. United States Residents. The Sweepstakes are open to legal residents of the United States, the District of Columbia and Puerto Rico who are at least 13 years old when they enter; 18 years old for Florida residents. However, any entrant who is a minor in his/her state of residence may have to provide parental consent acceptable to us to participate in the Sweepstakes or be confirmed as a prize winner. Employees, officers and directors (including their immediate families and those living in the same households) of Appjolt LLC (“Sponsor” and/or “Appjolt” and/or “we”) and/or Sponsor’s legal representatives, and affiliates, parents, subsidiaries, advertising, promotional, fulfillment and marketing agencies, are not eligible to enter the Sweepstakes. By participating, you agree to abide by these Rules and by Sponsor’s decisions, which are final and binding in all respects. NO PURCHASE NECESSARY TO BECOME ELIGIBLE AND/OR AN ENTRANT. NO PURCHASE WILL INCREASE YOUR CHANCES OF WINNING.
Non-U.S. Residents. The Sweepstakes are open to all persons outside of the United States, who are at least 13 years old when they enter. However, any entrant who is a minor in his/her country of residence may have to provide parental consent acceptable to us to participate in the Sweepstakes or be confirmed as a prize winner. Non-U.S. Residents who are selected as prize winners will receive the cash equivalent of the approximate retail value (“ARV”) of the merchandise prize available for purchase in the United States consumer marketplace. Prize winners will need to provide Appjolt with a current PayPal or AliPay.com account to redeem the prize. The cash equivalent of the prize will be delivered to the prize winner via the PayPal or AliPay.com account provided by the prize winner. Employees, officers and directors (including their immediate families and those living in the same households) of Appjolt LLC (“Sponsor” and/or “Appjolt” and/or “we”) and/or Sponsor’s legal representatives, and affiliates, parents, subsidiaries, advertising, promotional, fulfillment and marketing agencies, are not eligible to enter the Sweepstakes. By participating, you agree to abide by these Rules and by Sponsor’s decisions, which are final and binding in all respects. NO PURCHASE NECESSARY TO BECOME ELIGIBLE AND/OR AN ENTRANT. NO PURCHASE WILL INCREASE YOUR CHANCES OF WINNING.
How to Participate; Number of Entries. You are eligible to receive entries in the Sweepstakes when downloading and using a mobile application that uses the Appjolt Network, which may otherwise be related to as the "Services" throughout the Promotion Period (the "Participating Mobile Application", and "Appjolt Service" accordingly) so long as the Appjolt Service is installed and enabled on your device and by accepting the Appjolt EULA when you install the Participating Mobile Application per each “stand-alone” device (and specifically excluding any terminal based computers, servers, cloud managed systems, etc.). You will be notified of the Sweepstakes via push notifications from the Participating Mobile Application you downloaded to your device and/or through the Services. An example of a push notification may be "Come back today for a chance to win a $25 Amazon gift card." You my also be notified of the Sweepstakes when you uninstall certain applications on your device. You may get entries for some or all of the following actions: (i) one entry every time you open the Participating Mobile Application, (ii) one entry when re-installing the Participating Mobile Application. Provided, however, that you are prohibited from making any use and/or otherwise being assisted by any software (such as BOTS, agents, etc.) designated to perform automatic actions in order to obtain additional entries (such as "ClickBots") and/or any other malware. The criteria for the amount of entries to the Sweepstakes will vary from one Participating Mobile Application to another, depending, among other matters, on the Participating Mobile Application’s product, service and/or user interaction. It is hereby clarified that Appjolt reserves the right to change any entry criteria, at its sole discretion and without notice. Each Sweepstakes valid entry in accordance with these Rules shall be referred to as an "Eligible Entry". Only Eligible Entries shall be taken into consideration with respect to the Sweepstakes (and specifically, with respect to section 4 below).
4. Drawings: Selection of Winners Drawings will be conducted daily on a random basis and decided by an Algorithm designed by the Company for this purpose. The drawings will include all Eligible Entries. Non-winning entries will not be rolled over into subsequent Sweepstakes. Appjolt shall make reasonable commercial efforts to make sure that all applicable Eligible Entries have been recorded and included with respect to each; however, due to the nature of the services provided by the Sponsor (i.e., associated with the Participating Mobile Application owned by the third party, which Appjolt has no control over), and due to certain possible lack (or limited) of connectivity and runtime relating to online and/or cellular based services and/or general system errors, Appjolt cannot guarantee full transmission and/or recording of all Eligible Entries, and shall not be liable for any claim arising in that respect
(a) Prizes Schedule 1 sets forth the prizes and the approximate retail value (“ARV”) of merchandise prizes. No cash alternative or prize substitutions will be allowed, except that we reserve the right to substitute a prize of comparable ARV for any reason. The ARV of a merchandise prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date that the prize is awarded or redeemed. If the actual purchase price of a merchandise prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price balance or difference. For U.S. Residents, the prizes will be delivered only to addresses in the United States except for certain gift card prizes which may be delivered by e-mail. For Non-U.S. Residents, the cash equivalent of the prize will be delivered to the prize winner via the PayPal or AliPay.com account provided by the prize winner. Gift card prizes are subject to the terms and conditions imposed by gift card issuer, and may be subject to additional limitations in terms of time for exercise, place of exercise, value in certain periods, etc. Appjolt may amend Schedule 1 from time-to-time, at its sole discretion, and the prizes included therein need not be of similar and/or approximate ARV, of any previous or prospect prizes.
(b) Contacting Winners; Conditions Applicable to Prizes We will instantly notify winners who have won one of the prizes in the Sweepstakes via the Participating Mobile Application using a special notification that will appear once the winner accesses the Participating Mobile Application. The winner will have a chance to click on the notification and go to a web page containing a form that the winner will need to fill out in order to claim his/her prize. The form must be filled in its entirety and may contain some or all of the following fields: first name, last name, date of birth (for age verification), shipping address, email address, testimonial and telephone number. Some prizes such as electronic gift cards will be delivered via email. Winners will have 24 hours from when we notify them to claim their prize (“Notification Period”). If a prize is not claimed within the Notification Period, it will go unawarded, and its utilization shall be determined solely by the Sponsor. In the event of any dispute regarding the identity of the prize winner or any other matter relating to the prizes, the Sweepstakes and/or these Rules, then provided that the person bringing forth such dispute is then lawfully using the Appjolt Service, such person shall notify Appjolt on www.appjolt.com. Appjolt shall reasonably inquire regarding each applicable claim, and Appjolt’s decision shall be final and binding in all manners and respects. Unless otherwise stated under these Rules, no other person and/or entity may bring any claim against the Sponsor and/or anyone on its behalf. Prizes may not be substituted, assigned or transferred, except with our permission. The winner is responsible for all applicable federal, state and local taxes. We will report prize awards as required by applicable law. We make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. YOU SPECIFICALLY UNDESTAND THAT SOME PRIZES ARE PROVIDED BY THIRD PARTIES, WHICH APPJOLT HAS NO CONTROL OVER (INCLUDING WITHOUT LIMITATIONS, DELIVERY DATES, CONTENT, SPECIFICATION, DEFECTS, PRODUCT RETURNS AND/OR ANY WARRANTIES), AND YOU THEREFORE AGREE TO BE PROHIBITED FROM BRINGING ANY CLAIMS ARISING FROM SUCH PRIZE(S) AGAINST APPJOLT AND/OR ANYONE ON ITS BEHALF.
6. General Conditions. Without derogating from any provision herein regulating rights and conduct, we reserve the right, in our sole discretion, to cancel, suspend, modify and/or take any other action regarding the Sweepstakes if we suspect of fraud or other conduct not in good faith, technical failures or any other factor impairs the integrity of the Sweepstakes. We also reserve the right to disqualify any individual we find to be tampering with the entry process, the operation of, and/or any other matter relating to the Sweepstakes or to be acting in violation of these Rules and/or in an unsportsmanlike, lack of good faith, or disruptive manner. Any attempt by any person to deliberately damage the Appjolt Service and/or undermine the legitimate operation of these Sweepstakes may be a violation of criminal and civil laws and, should such an attempt be made, Appjolt reserves the right to seek damages from any such person to the fullest extent permitted by law. Appjolt's failure to enforce any term of these Rules and/or any rights or remedies which are given rise by the Rules and/or applicable law, shall not constitute a waiver of that provision. Proof of sending any material or notice to Appjolt will not be deemed to be proof of receipt by Appjolt. Use of any automated program or other conducts not in good faith and/or in accordance with these Rules, to enter the Sweepstakes or affect their results, will result in disqualification and possible legal claims by Appjolt against such parties. If there’s a dispute, entry information will be declared made by the authorized account holder of the telephone number or other matter of identification submitted at the time of entry.
7. Release. By participating in the Sweepstakes, winner agrees to release and hold us harmless from and against any claim or cause of action arising out of participation in or in connection with the Sweepstakes or receipt or use of any prize, or any claim by you and/or anyone of your behalf regarding any alleged breach by Appjolt of any privacy laws, breach of your moral rights, etc. However, we will not make the aforesaid use any matter reasonably degrading and/or offensive to you. Except where otherwise prohibited by law, acceptance of a Sweepstakes prize constitutes winner's consent to our use of winner's name, likeness, voice, and /or quotation for promotional purposes in any media without further payment or consideration.
8. Limitations of Liability. We shall not be responsible nor assume any liability for any damages (whether direct or indirect, and whether punitive or not) with respect to your use of the Appjolt Service, the Participating Mobile Application, the Sweepstakes and/or any other matter associated with the aforesaid thereof, including without limitations, with respect to: (a) incorrect or inaccurate entry information whether caused by Internet users, by any of the equipment or programming associated with or utilized in the Sweepstakes or inaccurate transcription of entry information; (b) lost, late, stolen, incomplete, invalid, unintelligible, illegible, or misdirected entries; (c) any technical or human error or unauthorized human intervention which may occur in the processing of Sweepstakes entries or in the administration of the Sweepstakes; (d) any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries; or (e) any injury or damage to persons or property including to an entrant's computer or mobile device, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or from downloading any material from our website, regardless of whether we or a third party prepared the material and regardless of whether the material is connected to the Appjolt Service. IT IS HEREBY CLARIFIED THAT UNDER NO CIRCUMSTANCES SHALL SPONSOR’S AGGREGATE LIABILITY, WHETHER IN CONTRACT OR IN TORT, EXCEED THE AVR OF THE APPLICABLE PRIZE SUBJECT MATTER TO SUCH CLAIM OR DISPUTE.
9. Disputes. Entrant agrees that, without prejudice to specific provisions including herein with respect to Sweepstakes disputes: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or any prizes awarded shall be resolved via arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have arising out of or connected with the Sweepstakes or any prizes awarded thereunder. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit.; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. New York law, without giving effect to any choice or conflict of law rules, governs all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant or Sponsor in connection with the Sweepstakes.
11. Winner's List/Official Rules. Any legally required list of winners may be obtained (subject to Our approval) by sending a letter or post card via USPS mail to Appjolt LLC, 485 7th Avenue, Suite 526, New York, NY 10018, Attention: Appjolt Sweepstakes Winner’s List Request. Contestants may also request a printed copy of these Official Rules by writing to: Appjolt LLC, 485 7th Avenue, Suite 526, New York, NY 10018, Attention: “Appjolt Sweepstakes Official Rules Request”.
12. Sponsor. Appjolt LLC, 485 7th Avenue, Suite 526, New York, NY 10018
13. Entrant Consent. If you do not fully agree to the terms of these Rules and the provisions of our privacy and data collection policy available at www.appjolt.com/privacypolicy, please refrain from making any use of the Appjolt Services.