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Campaign Begins: Wednesday, June 7, 2023, 12:00 am (GMT-5)
Campaigns End: Thursday, July 6, 2023, 11:59 pm (GMT-5)
These terms and conditions (“Terms”) govern the "Ontop Card – Earphones Giveaway" campaign (“Campaign”). Through the Campaign, eligible independent contractors who utilize the Ontop Platform available at www.getontop.com (“Contractors”), will be eligible to win a pair of “Apple Airpods” or “JBL Live Pro 2 TWS” wireless earphones. Please refer to Section 3.11 below for the disclaimer regarding “Apple Airpods®” and “JBL®” brand names.
1. DEFINITIONS:
1.1 "Campaign Period" means the period between Wednesday, June 7, 2023, 12:00 am (GMT-5) and Thursday, July 6, 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.
2. CAMPAIGN RULES:
2.1 Eligibility. To qualify as a participant in this Campaign (“Participant”), you must:
a. have an active Ontop Card, spend at least 150 USD and carry out at least fifteen (15) transactions 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. receive an email from Ontop confirming your participation in the Campaign;
d. 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
e. not be involved in any manner in this Campaign's development, production, implementation, or administration.
2.2 This promotion is currently only available to Participants currently residing in the following countries:
- Brazil;
- Colombia;
- Ecuador;
- Mexico; and
- Peru.
2.3 The Participants of this Campaign will be eligible to compete for a pair of (i) Apple Airpods®; or (ii) JBL® wireless earphones, taking into account the prevailing market value in the winner's place of residence (the “Prize”).
2.4 The Participant that spends the most with the Ontop Card among all Participants within the Campaign Period will win the Reward (“Winner”).
2.5 The exact brand and model of the Prize will be confirmed once the Winner has been selected and makes their choice of preferred Prize.
2.6 The Prize is personal, non-transferable and cannot be exchanged for cash. We reserve the right to substitute the Prize with one of equal or greater value if the Prize is not available for any reason. We also reserve the right to choose the specific store where the winner can redeem their prize at our sole discretion.
2.7 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 business (7) 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 2.4 above.
2.8 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.
3. GENERAL CONDITIONS OF CAMPAIGN:
3.1 The Campaign will be valid throughout the Campaign Period.
3.2 Ontop reserves the right to cancel, suspend and/or modify the Campaign, or any part of it, if any fraud, technical failures, or any other factor beyond the Company's reasonable control impairs the integrity or proper functioning of the Campaign, as determined by the Company in its sole discretion.
3.3 Ontop reserves the right to disqualify any Participant found to be violating these Terms or the Ontop Platform Terms (as defined below) and to block a Participant's account at any time if it is determined that fraud or unlawful action is taking place in order to win the Prize.
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, Ontop Card Terms of Service and Privacy Policy (collectively the "Ontop Platform Terms"), which shall govern any matters not explicitly covered by these Terms. Any capitalized terms in these Terms not defined herein shall 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 shall 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 the Company 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 the Company 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 the Company's Privacy Policy. Please refer to the Company's Privacy Policy for more information on how we handle your personal information.
3.11 Ontop is the sole sponsor of this campaign and is not affiliated with, endorsed by, or in any way officially connected to Samsung Electronics Co., Ltd. or any of its subsidiaries or its affiliates. The name "Samsung" and the Samsung Galaxy S23 are registered trademarks of Samsung Electronics Co., Ltd. and are used solely for the purpose of identifying the Prize. All rights, titles, and interests in the Samsung Galaxy S23 belong exclusively to Samsung Electronics Co., Ltd. Any product inquiries or concerns should be directed to the manufacturer.
