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Campaign Begins: Monday, October 9, 2023, 12:00 am (GMT-5)
Campaign Ends: Sunday, November 5, 2023, 11:59 pm (GMT-5)
These terms and conditions (these “Terms”) regulate the “Ontop Card - Cashback Your Way + iPhone 15 Giveaway” campaign (this “Campaign”). Through the Campaign, Ontop Card holders will be eligible to (i) receive special Cashbacks on their Ontop Card purchases; or (ii) compete for a cash reward equal to the value of an “Apple iPhone 15” during the Campaign Period (as defined below). Please refer to Section 3.11 below for the disclaimer regarding “Apple iPhone” brand names.
1. DEFINITIONS:
1.1 “Campaign Period” means the period between Monday, October 9, 2023, 12:00 am (GMT-5) and Sunday, November 5, 2023, 11:59 pm (GMT-5).
1.2 “Ontop Card” means a digital prepaid card that Contractors can acquire through the Ontop Platform and top up by using their Ontop Global Wallet (as defined below) balance.
1.3 “Ontop Global Wallet” or simply “Wallet” means the e-wallet account which can be activated by and/or accessible to Contractors registered on the Ontop Platform that reflects the available balance of payments from the clients to whom the Contractors provide services, which can be held within the account balance and/or paid out to the independent contractor through a number of different payment methods.
1.4 “Subscription Plans”, under these Terms, means the Wanderlust Membership, Infinite Toper, Infinite Ontoper and Freedom Toper plans, where “Subscribers” to these plans pay a monthly fee to receive Cashbacks and other benefits related to their Ontop Card and/or Wallet spending.
1.4 “Cashback” means bonuses credited to the Participants’ Ontop Card and/or Wallet balance, depending on the types of purchases made through the Ontop Card.
2. CAMPAIGN RULES:
2.1 To qualify as a participant in this campaign (“Participant”), you must:
a. have an active Ontop Card and make your first (1st) purchase for any amount at any merchant with your Ontop Card within the Campaign Period;
b. not be located in the United States of America, for regulatory reasons;
c. be at least 18 years of age or older at the time of entry;
d. fill out the form at https://ontop2020.typeform.com/to/MVdF86my confirming your participation in the Campaign by October 19, 2023;
e. not be an employee, officer, or director of Ontop or any of its subsidiaries or affiliates, or an immediate family member (spouse, parent, sibling, or child) or household member of such individuals; and
f. not be involved in any manner in this Campaign's development, production, implementation, or administration.
2.2 Participants in this Campaign will be eligible to choose one of the following options below within the Campaign Period, by filling out the form linked above:
a. 5 USD Cashback on the first purchase with their Ontop Card, irrespective of the purchase amount;
b. one hundred percent (100%) Cashback on the first purchase with their Ontop Card, up to a limit of $15 USD; or
c. participate as a contender for the prizes described in Section 2.3 below (“Contest”).
2.3 The Participants of this Campaign that choose to be contenders in the Contest (“Contender”) will be eligible to compete for the US market cash equivalent of an iPhone 15 128GB model (the “Prize”). The Contender that spends the most with the Ontop Card among all Contenders that participate in the Contest within the Campaign Period will win the Reward (“Winner”).
2.4 We are not liable for any potential Winner's failure to receive notices due to spam, junk email, or other security settings or for any submission of incorrect or non-functioning contact information. If the selected Winner (i) cannot be contacted; (ii) is ineligible; (iii) fails to claim the Prize within seven (7) business days from the time award notification was sent; or (iv) fails to timely return a completed and executed declaration and release, if requested, the Prize may be forfeited and an alternate winner selected as per Section 2.3 above.
2.5 The Prize will be granted to the Winner by means of credit to the Ontop Wallet within thirty (30) days of the end of the Campaign Period. The Prize is personal and non-transferable. Please, bear in mind that the Prize might be considered a gift in your country of tax residency and, therefore, may be subject to tax payments or declarations. The Winner is solely responsible for any federal, state, and local taxes and any other fees, charges, or expenses associated with the Prize.
2.6 The Cashbacks in this Campaign do not require an active subscription to Subscription Plans, but the Cashback cannot be combined with cashbacks of other Subscription Plans.
2.7 The Cashbacks are provided exclusively by Ontop and not by the merchants used by Participants. If there are any issues in receiving Cashbacks under this Campaign, participants in this Campaign must reach out to Ontop and not these merchants.
3. GENERAL CONDITIONS OF CAMPAIGN:
3.1 The Campaign will be valid throughout the Campaign Period.
3.2 Ontop reserves the right to (a) cancel, suspend, and/or modify the Campaign and (b) to block a Participant’s account at any time if it is determined that fraud or unlawful action is taking place in order to obtain the Cashbacks or win the Prize.
3.3 Ontop reserves the right to modify the conditions of eligibility for this Campaign and/or to cancel the Campaign, at any time and at its sole discretion.
3.4 Ontop reserves the right, at its sole discretion, to modify, change or update these Terms at any time. Modifications will be communicated by Ontop and will take effect immediately from the time of publication.
3.5 The Winner is solely responsible for any federal, state, and local taxes and any other fees, charges, or expenses associated with the acceptance and use of the Prize.
3.6 By participating in the Campaign, all Participants agree to release and hold harmless Ontop, its related companies, affiliates, suppliers, distributors, and advertising agencies, and each of their respective officers, directors, employees, and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Campaign or receipt or use or misuse of any Prize.
3.7 Please refer to our Ontop Platform Terms of Service and Privacy Policy, as well as the Ontop Card Terms of Service (collectively the “Ontop Platform Terms”), which will govern any matters not explicitly covered by these Terms. Any capitalized terms not defined in these Terms will have the meaning ascribed to them within the Ontop Platform Terms.
3.8 As per Section 16 of the Ontop Card Terms of Service: (i) these Terms will be governed by and construed in accordance with the law of the State of Delaware; and (ii) any dispute in connection with these Terms that cannot be resolved amicably shall be resolved by binding arbitration on an individual basis.
3.9 By participating in the Campaign, you grant Ontop permission to use your name, likeness, image, voice, and/or appearance as they may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of Ontop for promotional purposes related to the Campaign, without further compensation or notice.
3.10 By participating in the Campaign, you acknowledge and agree that the Company may collect, store, and use any personal information you provide in accordance with our Privacy Policy.
3.11 Ontop is the sole sponsor of this campaign and is not affiliated with, endorsed by, or in any way officially connected to Apple, Inc. or any of its subsidiaries or affiliates. The “Apple” and “iPhone” names are registered trademarks of Apple, Inc., and are used solely for the purpose of identifying the Prize. All rights, titles, and interests in these trademarks belong to their respective owners. Any product inquiries or concerns should be directed to the manufacturer.