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Campaign Begins: Saturday, April 1st, 2023, 12:00 am (GMT-5)
Campaign Ends: Sunday, April 31, 2023, 11:59 pm (GMT-5)
These terms and conditions ("Terms") govern the "Ontop Card – Galaxy Giveaway" campaign ("Campaign") organized by Ontop IC Operations LLC ("Ontop"). Through this Campaign, eligible users that are using our Ontop Pay product ("Participant(s)") will be able to participate in the Campaign to win a purchase order for a "Samsung Galaxy S23®". Please refer to Section 3.11 for disclaimer regarding "Samsung Galaxy S23®" brand names.
By participating in this Campaign, the Participant agrees to be bound by these Terms.
1.1 "Campaign Period" means the period between Saturday, April 1st, 2023, 12:00 am (GMT-5) and Sunday, April 31, 2023, 11:59 pm (GMT-5). Transactions made outside of the Campaign Period will not be considered for the Campaign.
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. "Ontop Pay" means the mobile payment systems via tokenization processes on the Ontop mobile app or through third-party providers that allow users of the Ontop Card to carry out transactions in point-of-sale ("POS") terminals via contactless payment technologies such as NFC (near field communication) ("Mobile Payment System(s)"). To use Mobile Payment Systems, you must have an account with the Mobile Payment System provider; a device that meets the system and compatibility requirements; working Internet access; and compatible software. Your ability to use Mobile Payment Systems with the Ontop Card may be affected by these factors. Such system requirements are your responsibility. Without limiting any other terms in these Terms, you must comply with all applicable third-party terms and conditions when using Mobile Payment System applications.
1.5 "Participant" refers to everyone eligible as Users as per section 2.1 who intend to participate in the Campaign, by using Ontop Card, Ontop Global Wallet or Ontop Pay products.
2. CAMPAIGN RULES:
2.1 Eligibility. To be eligible to participate in the Campaign, you must:
a. Be eligible to use the Ontop platform and Ontop Pay in your country or territory you inhabit, excluding any participants from the United States of America, for regulatory reasons;
b. Be at least 18 years of age or older at the time of entry;
c. Have an Ontop Card and the Ontop Pay function activated on a compatible Android mobile device, as per the Ontop Card Terms of Service.
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 The Campaign Winner. The participant with the highest number of transactions using Ontop Pay at the conclusion of the Campaign Period will be deemed the winner. Only transactions in the amount of five United States dollars (USD 5) or more will be counted for determining the Campaign winner. In case of a tie in the number of transactions, the Participant with the highest overall purchase value among the tied Participants will be declared the winner.
2.2.1 The winner will be determined within ten (10) business days following the conclusion of the Campaign Period. The winner will be notified through the email address linked to their Prepaid Card account. To claim the Prize, the winner must reply to the notification and provide any required information within seven (7) business days. If the winner fails to respond within the specified timeframe, the Participant with the second-highest number of transactions, or the highest overall purchase value in case of a tie, will be declared the winner.
2.3 The Prize. The Prize refers to a gift card or purchase voucher covering the cost of a Samsung Galaxy S23® mobile phone, taking into account the prevailing market value in the winner's place of residence. The Prize is non-transferable and cannot be exchanged for cash. Ontop reserves the right to substitute the Prize with one of equal or greater value if the Prize is not available for any reason.
2.3.1 Ontop reserves the right to choose the specific store where the winner can redeem their prize at its sole discretion.
Ontop shall not be liable for any potential winner's failure to receive notices due to spam, junk email, or other security settings or for any winner's provision 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 as required, the Prize may be forfeited and an alternate winner selected as per Section 2.2 above.
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 These Terms shall be governed by and construed in accordance with the law of the State of Delaware. Any dispute in connection with these Terms that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the rules established in Section 16.2 of the Ontop Card Terms of Service.
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.
3.11 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.