Terms and Conditions
ACCEPTANCE OF TERMS AND CONDITIONS
BY USING THIS WEB SITE AND BECOMING A REGISTERED MEMBER OF PROMOKI, YOU ASSUME ALL RISK INVOLVED IN THE PARTICIPATION BY YOU AND OTHERS ON YOUR BEHALF IN ANY CONTEST ADMINISTERED BY PROMOKI, AND YOU ACKNOWLEDGE AND AGREE THAT NONE OF (A) PROMOKI OR ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ASSIGNS ("PROMOKI PARTIES") OR (B) THE SPONSOR OF ANY CONTEST ADMINISTERED BY PROMOKI (A "SPONSOR") IS OR SHALL BE RESPONSIBLE OR LIABLE FOR ANY DEATH, BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF YOUR USE OF THE WEB SITE OR PARTICIPATION IN ANY CONTEST ADMINISTERED BY PROMOKI. FURTHERMORE, AND IN ADDITION TO ANY OTHER INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN OR IN THE OFFICIAL RULES OF ANY CONTEST ADMINISTERED BY PROMOKI, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE PROMOKI PARTIES AND THE SPONSOR FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING OUT OF YOUR USE OF THE WEB SITE AND/OR YOUR PARTICIPATION IN ANY CONTEST ADMINISTERED BY PROMOKI, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR WRONGFUL DEATH, PERSONAL INJURY OR PROPERTY DAMAGE.
THE CONTEST IS VOID IN CUBA, IRAN, NORTH KOREA, SUDAN, SYRIA, AND ANY OTHER COUNTRY SUBJECT TO A U.S BOYCOTT OR WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW OR REGULATIONS.
EMPLOYEES OF SPONSOR AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SUPPLIERS, PRIZE PROVIDERS, ADVERTISING AGENCIES, AND THE FAMILIES OF AND PERSONS LIVING IN THE SAME HOUSEHOLD AS SUCH EMPLOYEES, ARE NOT ELIGIBLE TO PARTICIPATE.
BY ENTERING YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND ALL DECISIONS OF THE SPONSOR AND JUDGES, WHICH ARE FINAL AND BINDING. THE CONTEST IS SUBJECT TO ALL APPLICABLE LAWS.
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PROVISIONS APPLICABLE TO CHINESE CITIZENS AND EXPATRIATES RESIDING IN CHINA
According to Section 1 of the Decision "to ensure operational security of the Internet, the person or organization perpetrating any of the following acts in violation of the criminal law shall be penalized according to the criminal code:
1. Unauthorized penetration into the computer and information system of the state affair, national defense or high-tech departments of the state;
2. Intentional composition or dissemination of computer virus or other destructive programs, or attacking the computer system or telecommunication network and resulting in damage or destruction of such computer systems or telecommunication network;
3. Unauthorized disruption of operation of the computer network or telecommunication service and resulting in malfunction of such network or telecommunication systems in violation of the laws or regulations of the state."
According to Section 2 of the Decision, "to protect national security and social stability, the person or organization perpetrating any of the following acts in violation of the criminal law shall be penalized according to the criminal code:
1. Disseminating rumor or slander on the Internet, or publishing or diffusing maleficent information to instigate subversion of the state power or socialist system, advocate abruption of the country or harm unity of the country;
2. Stealing or disclosing the national or military secrets on the Internet;
3. Instigating inter-ethnic enmity or prejudice, or disrupting ethnic unity on the Internet; and
4. Establishing or organizing heresies on the Internet and impeding the implementation of laws and regulations of the state."
Section 3 of the Decision also stipulates that "to safeguard the order of the socialist market economy and social stability, the person or organization perpetrating any of the following acts in violation of the criminal law shall be penalized according to the criminal code:
1. Selling fake or shoddy goods on the Internet or making false or misleading propaganda of commodities on the Internet;
2. Hurting others' commercial fame or reputation of products on the Internet;
3. Infringing upon others' intellectual property rights on the Internet;
4. Compiling and distributing false information on the Internet to affect securities or futures transactions or disrupt order of the financial markets; and
5. Establishing pornographic web sites or web pages, providing links to pornographic web sites, or disseminating pornographic magazines, films, audio and videos materials or graphics on the Internet."
Section 4 of the Decision stipulates that "to protect the legal rights of personal safety and property of individuals, legal persons and other organizations, the person or organization perpetrating any of the following acts in violation of the criminal law shall be penalized according to the criminal code:
1. Insulting others or drawing up slanders against others on the Internet;
2. Illegally intercepting, modifying or deleting others' emails or other database materials and infringing rights of the citizens of freedom and secrets in communicating and letter transmitting; and
3. Perpetrating theft, fraud, or blackmailing on the Internet."
COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY PROTECTION
Except as otherwise indicated, this Web site and its entire contents (including, but not limited to, the text, photographs, information, software, graphics, images, sound, and animation) are owned by us and are protected by domestic and international copyright, trademark, patent, and other intellectual property laws. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials, and the overall design of this Web site are ©2013 Promoki. All rights reserved. We hereby give you permission to download and print materials from this Web site for the sole purposes of viewing, reading, and retaining for reference the materials for non-commercial use. Any other copying, distribution, retransmission, or modification of information or materials on this Web site, whether in electronic or other form, without our express prior written permission is strictly prohibited. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the material on this Web site. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws.
All trademarks, service marks, and trade names are proprietary to us or other respective owners that have granted us the right and license to use their marks.
We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others.
INDEMNIFICATION AND RELEASE
By accessing the Web Site, you agree to indemnify and defend us and any parent, subsidiary, Sponsor, affiliated entities, our officers, directors and employees, and officers, directors and employees of any parent, subsidiary, sponsor or affiliated entities, and hold us and them harmless from and against any and all claims, liabilities, damages, costs and expenses, including, without limitation, attorneys' fees, arising from your use of the Web Site including any material (including third-party material) that you post on the Web Site and any services or products available through our Web site. In addition, you hereby release us and any parent, subsidiary, sponsor or affiliated entities, our officers, directors and employees, and officers, directors and employees of any parent, subsidiary, sponsor or affiliated entities from any and all claims, demands, debts, obligations, damages (actual, special, indirect or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against us or them arising out of or in any way related to such disputes and/or to any services or products available at our Web site. You hereby agree to waive all laws that may limit the efficacy of such releases, including, without limitation, Section 1542 of the California Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE MATERIALS AND SERVICES ON OUR WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES OUR WEB SITE AVAILABLE OR ANY ADVERTISED OR HYPERLINKED SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SITE, SERVER(S), ADVERTISED OR HYPERLINKED SITES WILL BE ACCESSIBLE AT ALL TIMES. WE DO NOT WARRANT THAT SUCH ERRORS, DEFECTS OR INTERRUPTIONS IN SERVICE WILL NOT AFFECT THE RESULTS OF OUR COMPETITIONS, AND WE DISCLAIM ANY RESPONSIBILITY FOR REDUCED PERFORMANCE IN COMPETITIONS DUE TO SUCH PROBLEMS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR WEB SITE WITH RESPECT TO CORRECTNESS, ACCURACY, RELIABILITY, GRAPHICS, LINKS OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Documents, graphics and other materials appearing at our Web site may include technical inaccuracies, typographical errors, and out-of-date information and use of such documents, graphics or other materials is at your own risk.
United States citizens who are winners of any contest or phase thereof administered by Promoki will be required to complete and submit an IRS Form W-9 with the winner's full Social Security Number or the equivalent thereof for receipt of any prize valued at $600 or more or for any prizes awarded by Promoki in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize for which such person is eligible.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROMOKI SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF WINNINGS, DATA OR OTHER DAMAGE TO ANY OTHER INTANGIBLE PROPERTY, EVEN IF PROMOKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR INABILITY TO USE THIS WEB SITE, (ii) THE DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY TRANSMISSION OR DATA, (iii) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR (iv) ANY OTHER MATTER RELATING TO PROMOKI.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that our Web site contains links to other Web sites and outside services and resources, we do not control the availability and content of those Web sites, services or resources, nor do we necessarily review or endorse materials available at or through such other Web sites. Viewing other Web sites or utilizing outside services and resources is done at your own risk. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
CONTENT POSTED BY VISITORS
Except as otherwise specified in the Official Rules or other documentation pertaining to a Contest, you retain any rights to ownership in any content posted, uploaded or otherwise sent to our Web site by you; Promoki will not gain ownership rights to this content. By posting, uploading or otherwise sending any content of any kind (including, without limitation, ideas, pitches and video entries) to us or our Web site, you grant (or warrant that the owner of such rights has expressly granted) us a worldwide perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce and publish such content into any form, medium or technology, including the right, at Promoki's sole discretion, to distribute such content to be published by third parties. In connection therewith, you also grant us the additional license to modify, adapt, translate, create derivative works from, and distribute such content or incorporate such content into any form, medium or technology, including the right, at Promoki's sole discretion, to distribute such content to be published by third parties.
You waive any and all moral rights, including, without limitation, any rights arising under Chapter 7 of the Copyright and Related Rights Act 2000 applicable to European Union residents, and all rights of a similar nature in any jurisdiction in any material, including content of any kind, which you post, upload or otherwise send to Promoki or it's Web site, such waivers being in favor of Promoki.
You are also prohibited from posting or otherwise uploading to our Web site: any material that infringes on any copyright, trademark or other proprietary rights of another (including publicity and privacy rights); material that is obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable, that would constitute or encourage a criminal offense, or that would otherwise give rise to liability or violates any law. You also represent that you have all necessary rights to use any material that you post or otherwise upload to our Web site.
You are further forbidden from distributing or otherwise publishing any material on our Web site that contains any solicitation of funds or, promotion, employment, advertising, or solicitation for goods or services; sending unsolicited commercial e-mail and other advertising, promotional materials or other forms of solicitation to other users of this site; harvesting names and e-mail addresses from other users of this site without their permission; soliciting passwords from other users; impersonating other users; or sending viruses or other destructive or expropriating content.
We reserve the right to remove any postings or other uploaded materials in response to complaints of infringement, obscenity or defamation or to otherwise review or edit such materials as appropriate, in our sole discretion and without notice.
OTHER RESTRICTIONS ON CONDUCT
You are allowed to register with our Web site only once and you must provide true and accurate registration information. You are prohibited from misrepresenting your registration information or tampering with the registration process.
You agree not to disrupt, modify or interfere with the functioning of our Web site or any services provided on or through our Web site or with any associated software, hardware or servers in any way and you agree not to impede or interfere with others' use of our Web site. This includes your agreement that you will not cheat; that the content submitted by you with respect to any Contest is yours alone. This also includes your agreement that you will not provide your Promoki information including, but not limited to, your Promoki handle and rating, to any third party for the purpose of pursuing employment opportunities without the written consent of Promoki. If you are contacted by a third-party regarding employment opportunities and/or media interest as a result in of your participation in Promoki Contests, you agree to promptly notify Promoki of such contact. You also agree not to alter or tamper with any information or materials on, or associated with our Web site or services provided on or through our Web site.
We do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions, or other statements made public at our Web site by users through our Contests, forums or other interactive services available at our Web site. Any information or material sent by users to any forums, including advice and opinions, represents the views and is the responsibility of those users and does not necessarily represent our views.
You agree that no impediment exists to you joining the Promoki Web site, and your participation in Promoki's Web site and the Contests it offers will not interfere with your performance of any other agreement or obligation which has been or will be made with any third party.
CHOICE OF LAW AND FORUM
SEVERABILITY AND ENFORCEABILITY
Our Web site is not intended for use by children under the age of 13, and children under the age of 13 are not eligible to participate in any Contests.
General Prize Conditions: The winners are solely responsible for the payment of any taxes that may arise as a result of acceptance of a prize, and all other expenses or costs relating to the prize not expressly set forth above. Prizes cannot be transferred or substituted and must be accepted as awarded. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion if an advertised prize becomes unavailable. Please note that if the winning Entry was submitted by a team, only one prize will be awarded to the team. A prize will not be given to each member of the team, except in the case of the Grand Prize, in which all team members (up to 3) will be allowed to participate in the prize experience.
Winner Notification/Validation: The winners will be notified within seven (7) days following the submission deadline for the contest. If a winner has not responded within five (5) days after Sponsor has sent the notification, or in the event of non-compliance with any of these requirements, the prize may be forfeited, and the entrant having the next highest score will be deemed the winner. The winner, and all team members if the winning entry was submitted by a team, may be required to sign and return to Sponsor an affidavit of eligibility and publicity release, where lawful, within ten (10) days of the date of winning notification.
Authorization to Use Winner's Entry Information & Name: By entering, you agree that Sponsor and its designees may use your Entry and your name, photo (or image capture from your Entry), video clips, and basic information about you and your Entry that you submit, in any media now known or hereafter developed for commercial, promotional and/or publicity purposes, unless prohibited by law. You also agree to participate in and cooperate with any promotional activity and/or publicity relating to the Contest as the Sponsor shall reasonably request from time to time.