#TheJoyofGifting Contest Terms
In addition to the Smule Terms of Service and the Smule Community Guidelines, the following #TheJoyofGifting Contest Terms shall apply:
- Eligibility: This Contest is open only to Smule registered users who are at least 17 years old as of the date of entry. The #TheJoyofGifting is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
- Agreement to Rules: By participating, the Contestant (“You”) agrees to be fully unconditionally bound by these Rules, the Smule Terms of Service and the Smule Community Guidelines, and You represent that You meet the eligibility requirements. In addition, You agree to accept the decisions of Smule at its sole discretion and judgment as final and binding as it relates to the content of this #TheJoyofGifting
- Campaign Period: Entries will be accepted online starting on Monday, November 2nd 2020 at 12:00, UTC time zone, and ending Sunday, November 15th 2020 at 23:59, UTC time zone. All entries must be received by Sunday, November 15th 2020 at 23:59, UTC time zone
- How to Enter: #TheJoyofGifting Contest must be entered by sending sticker gifts. The entry must fulfill all Smule #TheJoyofGifting Contest requirements, as specified, to be eligible to win the prize. All entries must comply with the Smule Terms of Service and the Smule Community Guidelines. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Smule. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Smule. Smule will have no liability related to any submission not received by it for whatever reason.
- Prizes: The winners of the #TheJoyofGifting Contest (the “Winner”) will receive “1,000” coins for 1st place, “500” coins for 2nd place and “250” coins for 3rd place. The top 3 users who have sent the highest number of cumulative sticker gifts , during the eligible period, will be qualified as winners. No cash or other prize substitution shall be permitted. The prize is nontransferable. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Smule to use Winner’s name, likeness, image, and performance entry for purposes of advertising, trade, and perpetual use in the Smule products and services without further compensation unless prohibited by law.
- Odds: The odds of winning depend on the number of eligible entries received and Smule’s judgment as to its fit for the Smule platform, community, and brand at its sole discretion.
- Winner Selection and Notification: Winner will be selected by Smule at its sole discretion. Winners will be notified by a notification advising them about the received reward within 5 business days. The coins won will be automatically added to the user's account within 5 business days. Winners avatars/username could be featured on Smule official Social media pages. Smule shall have no liability for Winner’s failure to receive notices due to failure to accept push notifications from the Smule platform or failure to see the in-app message sent upon winning. The receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations and complying with the Smule Terms of Service and the Smule Community Guidelines. To the extent that Smule is required by a copyrights holder to remove a recording due to copyright violation, deems a recording violating applicable law or the Smule Terms of Service, and the Smule Community Guidelines, Smule reserves all rights to remove any violating content from the Smule platform. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SMULE‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By participating in the Smule #TheJoyofGifting Contest, You understand and agree that Smule, anyone acting on behalf of Smule, and Smule’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, username, portrait, picture, voice, likeness, image, and statements about the Smule #JoyOfGifting Contest for news, publicity, information, trade, advertising, public relations, and promotional purposes or otherwise use it in the Smule platform, without any further compensation, notice, review, or consent.
- Terms & Conditions: Smule reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Smule #TheJoyofGifting Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Smule’s control corrupt or affect the administration, security, fairness, or proper conduct of the Smule #TheJoyofGifting Contest or for any other reason. In such a case, Smule may select the Winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by Smule. Smule reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Smule #TheJoyofGifting Contest or website or violates these Terms & Conditions or the Smule Terms of Service. Smule has the right, in its sole discretion, to maintain the integrity of the Smule #TheJoyofGifting Contest, to void submissions for any reason. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Smule #TheJoyofGifting Contest may be a violation of criminal and civil laws. Should such an attempt be made, Smule reserves the right to seek damages to the fullest extent permitted by law. Smule may change the Smule #TheJoyofGifting Contest terms at any time effective immediately upon such change.
- Limitation of Liability: By entering, You agree to release and hold harmless Smule and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the #TheJoyofGifting Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process of the #TheJoyofGifting Contest; (v) electronic or human error in the administration of the #TheJoyofGifting Contest or the processing of entries.
- Disputes: The Governing Law, Arbitration Provision and Venue sections of the Smule Terms of Service apply to the #TheJoyofGifting Contest.
- Sponsor: The Sponsor of the #TheJoyofGifting Contest is Smule, Inc. (“Smule”), 139 Townsend Street, San Francisco, California, U.S.A.
- By entering into the Smule #TheJoyofGifting Contest , You, have affirmatively reviewed, accepted, and agreed to these Smule #TheJoyofGifting Contest Terms.