Contest Rules (the “Official Rules“)
NO PURCHASE IS NECESSARY TO ENTER OR WIN THE CONTEST. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. THE CONTEST IS VOID WHERE PROHIBITED BY APPLICABLE LAW.
Applitools Holiday Shopping Hackathon (the “Contest“) is open to qualified contestants who are at least eighteen (18) years old at the time of entry. Employees of Applitools, Inc. and other entities associated with the promotion of the Contest, and their respective parent entities, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate in the Contest. The Contest is subject to the federal, state, and local laws and regulations of the United States of America. Each participant and/or entrant to the Contest shall be an “Entrant” under these Official Rules.
The Contest is sponsored by Applitools, Inc., located at 155 Bovet, Suite 600, San Mateo, California 94402 (“Applitools” or “Sponsor“).
3. Agreement to Official Rules
Participation in the Contest constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with, and being eligible to participate in the Contest under, these Official Rules, and fulfilling all other requirements set forth herein.
4. Contest Period
The Contest begins on November 10, 2020 at 9am Pacific Standard Time and ends on December 7, 2020 at 11.59pm Pacific Standard Time (the “Contest Period“), or when the Sponsor receives 5000 qualified contestants submissions, whichever occurs first. Entries that are submitted before or after the Contest Period will be disqualified at Applitools’ sole discretion. Submissions will be accepted for the duration of the Contest using the following method:
5. How to Enter
Limit one (1) entry per person for the duration of the Contest Period, regardless of method of entry. Entries received from any person, e-mail address, or householdin excess of the stated limitation will be void at Applitools’ sole discretion. All entries become the property of Sponsor and will not be acknowledged or returned.
6. Prize Selection
On or about January 11, 2021, the Sponsor will select potential winners from among all eligible entries received. The odds of being selected depend on the number of entries received, but will be no less than 2%. The Sponsor will attempt to notify the potential winner via email on (or around) January 15, 2021. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place from the remaining non-winning, eligible entries, and the first potential winner will not have any claim towards Applitools.
7. Winner Notification
The potential winners will be notified by email. Each potential Diamond, Platinum, and Gold Prize winner will be required to complete, electronically sign and submit a Declaration of Compliance (the “Declaration of Compliance“) within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner from among all remaining eligible entries. Only five (5) alternate prizes will be awarded, after which the prize(s) will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Contest. Failure to comply with these Official Rules may result in an Entrant’s disqualification from the Contest at the sole discretion of the Sponsor.
The prizes for the Contest shall be as follows: Diamond Prize: 10 winners, iPhone 12 Pro each, or cash equivalent gift card based on US market price for Entrants located outside the US. Platinum Prize: 10 winners PlayStation5 or Oculus Quest2 each, or cash equivalent gift card based on US market price for Entrants located outside the US, Gold Prize: 15 winners, 1 year annual Pro membership for Ministry of Testing each https://www.ministryoftesting.com/membership, Silver Prize: 15 winners, Epic React Standard License https://epicreact.dev/. Winners will not receive the prize until his/her eligibility and identity have been verified.
US entrants will have the choice of prize or cash equivalent gift card.
9. General Conditions
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) terminate the Contest and, in the event of termination, award the prizes from among the eligible, qualifying entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
10. Release and Limitations of Liability; Publicity
By participating in the Contest, Entrants agree to release and hold harmless the Sponsor, and each of their respective parent entities, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or communication errors; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, € any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property, libel, slander, defamation, invasion of privacy/publicity, portrayal in a false light and any claim relating to the Sponsor’s exercise of the publicity rights Entrant has granted to the Sponsor hereunder,which may be caused, directly or indirectly, in whole or in part, from Entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Entrant be entitled to receive attorney’s fees or any other payment or compensation. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Further, Entrant hereby releases the Released Parties from any third party intellectual property claims arising from or in connection with its entry. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. This Release shall survive the expiration of the Contest.
The Sponsor reserves the right to cancel, postpone, suspend and/or modify the Contest for any reason as determined by the Sponsor in its sole discretion. The Sponsor reserves the right in its sole discretion to disqualify any entrant it finds to be: (a) providing false information; (b) tampering with the operation of the Contest; (c) in violation of these Official Rules; or (d) acting in a fraudulent or deceptive manner.
Except where prohibited by applicable law, participation in the Contest constitutes Entrant’s consent to the Sponsor’s use of Entrant’s name and image for publication for promotional purposes that Entrant has won or participated in the Contest, without further payment of consideration to Entrant and without obtaining any additional approvals. By entering the Contest, Entrant hereby grants the Sponsor a perpetual, royalty-free, transferable, worldwide license to use, publicly display and distribute any content Entrant shares with Sponsor in connection with the Sponsor and Sponsor’s business and marketing purposes. Entrant hereby represents that it has all necessary rights to provide Sponsor with such consent.
Except where prohibited by law, each Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than California.
If any provision of these Official Rules is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of these Official Rules, all of which shall remain in full force and effect.