Match Masters – BLKN Christmas Star Race
December 2024
The following are the terms and conditions ("Influencer Promotion Terms") of the Match Masters and Influencer (as defined below) promotion ("Influencer Promotion"), which is sponsored by Candivore, Ltd., established at 30 Ibn Gabirol, Tel Aviv, 6407807 Israel (“Candivore”, "us" or "we" or "our").
By participating in the Influencer Promotion, you hereby represent and warrant that you have read and agreed to be bound by these Influencer Promotion Terms, the Terms, the Privacy Policy, and any and all other terms and conditions relating to the Influencer Promotion. In the event you do not agree to be bound by these Influencer Promotion Terms, the Terms, or any amendments thereto, you must not participate or otherwise take part in the Influencer Promotion and you shall withdraw or discontinue your participation in the Influencer Promotion.
Capitalized terms used but not defined herein shall have the meaning given to them in the Terms.
General
- The Influencer Promotion shall commence on December 3rd, 2024 and shall conclude on December 13th, 2024 (the “Promotion Period”).
- You agree that in order to participate in the Influencer Promotion (including, without limitation, in order to win any prize), you will fully comply with all applicable laws, regulations, statutes, ordinances and provisions that apply to you and to us, including, without limitation, these Influencer Promotion Terms and our Terms.
- There is no cost and no purchase necessary to enter the Influencer Promotion or any obligation associated with participating in it, except as described below.
Eligibility
- If you participate in the Influencer Promotion you hereby represent and warrant that you: (i) have an account registered with the Services; (ii) are at least 13 years old; (iii) reside in the state of Serbia; (iv) are eligible under applicable law to participate in the Influencer Promotion; (v) have the full right and authority to participate in the Influencer Promotion.
- You may be asked at any time to provide us or our designated third party with proof of your age, identity or residency, and you must, on demand, be able to present valid documentation which may enable us to verify your age, residency and identity to our reasonable satisfaction. If you are unable to provide satisfactory documents, we may exclude you from the Influencer Promotion and may forfeit any privileges or awards that have been allocated to you without compensation of any kind. You hereby irrevocably waive any claims or rights in connection with any such exclusion or forfeiture.
- Candivore's employees (including, without limitation, part-time or temporary employees), officers, and representatives, promotion agencies or sponsors directly involved in the administration, development, fulfilment, and execution of the Influencer Promotion, and the immediate family and other household members (i.e., spouses, parents, grandparents, children, grandchildren, roommates, housemates, significant others, partners, and siblings) of any of the above are not eligible to enter or win the Influencer Promotion.
- Please note that the use of the Services and participation in the Influencer Promotion, which can be downloaded free of charge, requires an internet connection and a compatible device.
- You must enter the Influencer Promotion during the Promotion Period in order to be eligible to win applicable Prizes.
- Only one entry to the Influencer Promotion per person is permitted.
Prizes
- Candivore will offer one (1) winner (first (1st) place in the Star Race) a prize;
Prize- iPhone 16 Pro Max
https://www.apple.com/au/shop/buy-iphone
- Prizes are non-transferable and cannot be redeemed for a cash equivalent.
- If a Prize, or any portion thereof, cannot be granted for any reason, we reserve the right (but not the obligation) to substitute such Prize for one of similar or greater value, in our sole discretion.
- Unless otherwise required by law, the Prize winners are solely responsible for reporting and paying any and all applicable taxes related to the Prize and paying any expenses associated therewith, which are not specifically provided for in the Influencer Promotion.
- The winner will be notified by Candivore by December 16, 2024 ("Notification Date").
- By participating in the Influencer Promotion, you allow Candivore, Influencer or any third party on their behalf to contact you, for the purpose of administration of the Influencer Promotion and awarding of the Prize.
- In order to receive the Prize, winners may be required to provide some additional information (e.g. contact data). If the winner does not provide such information and claim his prize within three (3) days of the Notification Date, or it is otherwise disqualified or does not comply with these Influencer Promotion Terms or Terms, the Prize would be deemed forfeited and Candivore may grant it to the next in line.
- It is your sole responsibility to notify us in writing if you changed your contact information during the Promotion Period.
- Prizes will be delivered to winners within 10 days from the winner providing all required information for delivery of the Prize, unless Candivore, in its sole discretion, has any reason to believe the winner is not eligible to participate in the Influencer Promotion or to be awarded the Prize.
- Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the Australian Securities and Investment Commission Act or similar consumer protection laws in the States and Territories of Australia. Except where they cannot be excluded by law, Candivore is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to the Prize, regarding the use, value or enjoyment of the Prizes, including, without limitation, their quality, condition, or fitness for a purpose. The winners of the Prizes hereby agree to release Candivore and its affiliates, officers, directors, employees, and agents, from any and all claims in connection with the Influencer Promotion and the award or use of the Prizes.
How to enter the Influencer Promotion and selection of winners
- The Influencer Promotion will be held in association with
Dario Kesegi https://www.youtube.com/@DarioKesegiG0CA ("Influencer") and
Janko https://www.youtube.com/@JankoYT ("Influencer")
- Entrance into the Influencer Promotion will be via designated links that will appear on the Influencer's YouTube posts and their respective descriptions. The links will be published on Influencer's designated YouTube channel profile between December 3rd, 2024 and December 4th, 2024.
- Once following the link and entering into the Influencer Promotion, participants will participate in a group qualifying stage of the Star Race wherein they collect stars to reach the top 3 positions of a leaderboard.
- The top 3 qualifiers will then enter the finals wherein they must top the leaderboard and finish the Star Race in first place to win the prize.
- The choice of winners is final, and binding, unless stated otherwise in these Influencers Promotion Terms.
- Prizes are not available to persons under the age of 13.
Limitation of Liability and Release
- By entering into the Influencer Promotion, you agree to release, indemnify, and hold harmless Candivore, and its respective parents, subsidiaries, affiliates, distributors, suppliers, and advertising, promotional and judging organizations and each of their respective employees, officers, directors, shareholders, and agents (collectively, the “Releasees”) from and against any and all claims, expenses and liability sustained or incurred from participation in the Influencer Promotion and the receipt and use of any Prize(s) awarded through the Influencer Promotion arising in any manner whatsoever, including but not limited to an act or omission, whether negligent, intentional or otherwise, caused by the Releasees or the Influencer Promotion.
- By entering into the Influencer Promotion, you agree to indemnify, defend and hold harmless the Releasees from and against any and all claims, expenses, and liabilities (including reasonable attorneys/legal fees) arising out of or relating to any other user’s participation in the Influencer Promotion.
- You agree that the Releasees are not responsible for any incorrect or inaccurate information, whether caused by the services, other users, or by any of the equipment or programming associated with or utilized in the Influencer Promotion and that the Releasees assume no responsibility for (i) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a user’s participation in the Influencer Promotion or receipt or use or misuse of any Prize(s); (ii) any error, omission, interruption, deletion, defect, or delay in operation or transmission on the Services; (iii) any computer, telephone, cable, satellite, network, electronic or internet hardware or software malfunctions or failures, problems with connections or availability; (iv) garbled or jumbled transmissions, service provider/internet/web site/use net accessibility or availability; (v) traffic congestion; (vi) unauthorized human intervention; or (vii) theft or destruction, tampering, or unauthorized access to entries or entry information.
- In no event will the Releasees be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of your participation in the Influencer Promotion. Without limiting the foregoing, the services and Influencer Promotion are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
Fraud
- Use of robotic, mechanical or other forms of pre-programmed entry methods is strictly prohibited. Entrants may not use such manipulation tools, or use multiple email addresses, accounts or identities in order to participate in the Influencer Promotion. Candivore reserves the right (in its sole discretion), from time to time, to implement processes that may frustrate or prohibit such automated participation; provided, however, that no entrant in the Influencer Promotion may rely upon or insist upon Candivore’s failure or refusal to take any of the foregoing actions or to determine, in its sole discretion, that one entrant’s entry should be discounted because another entrant’s entry was or vice versa.
- If we become aware of any fraud, deceit, misconduct, dishonesty or similar action concerning your participation in the Influencer Promotion, or if you acted in a disruptive manner or with the intent to disrupt or undermine the legitimate operation of the Influencer Promotion or if you breached any of these Influencer Promotion Terms, the Terms or any additional laws, regulations and rules which apply to your use of the Services or your participation in the Influencer Promotion, then we reserve the right to: (i) prohibit your participation in the Influencer Promotion or the services; (ii) automatically and immediately disqualify you or invalidate your entry to the Influencer Promotion or the services, and (ii) to seek damages and other remedies from you to the full extent permitted by law. If fraud, deceit, misconduct, dishonesty or other action is only discovered after any applicable Prize has been granted to you, then you shall be required, upon demand, to return the Prize (or provide equivalent compensation) to us immediately upon receipt of our demand to do so.
Changes to the Influencer Promotion
- Candivore may cancel, modify terminate or suspend the Influencer Promotion, and any of the Prizes or benefits offered hereunder, including without limitation, where required for security reasons, to comply with applicable law or regulation, due to abuse of its policies, violation of the integrity of the Influencer Promotion or otherwise where due to circumstances beyond its control (e.g. epidemic, earthquake, strike, war, act of God etc.) the Influencer Promotion is not capable of being conducted as specified.
- Candivore reserves the right to modify, alter, or change the Influencer Promotion Terms, including the Prize at any time in its sole discretion. To the extent practically possible, Candivore shall make reasonable efforts to ensure all changes are made known prior to the beginning of the Influencer Promotion. You acknowledge that you shall be responsible for staying up to date with any and all changes made to the Influencer Promotion or Influencer Promotion Terms. In the event of modifying the Influencer Promotion, your continued participation in the Influencer Promotion constitutes acceptance of the modified Influencer Promotion Terms.
Additional General Terms
- By participating in the Influencer Promotion, each entrant hereby consents to Candivore’s and Influencer's usage of any one or more of the following for on-air broadcast, online usage or for any other advertising and promotional purpose in any medium whatsoever without payment of any additional consideration: entrant’s name; voice; likeness; biographical information; his/her participation in the Influencer Promotion; prizes won; and the substance of the entrant’s entry form or any other Influencer Promotion submissions. Each entrant hereby grants Candivore and Influencer a perpetual, unlimited, non-exclusive, royalty-free, right and license to use any or all of the foregoing in any manner as determined by us in our sole discretion.
- If any potential winner is required by any applicable law, these Influencer Promotion Terms, or by any other rules for any applicable Influencer Promotion to comply with additional conditions or requirements in order to participate in the Influencer Promotion and receive the prize, such potential winner must fully comply with such requirements within the time set by us as a pre-condition to receiving the Prize.
- Third party terms and conditions may apply to certain Prizes, where applicable, and your acceptance of such terms and conditions may be required to be rewarded with the Prizes. You acknowledge that Candivore has no connection or liability to such third parties. Any problems or complaints that you may have with regard to such third parties should be directed to such third parties.
- This Influencer Promotion is not endorsed by, affiliated, or associated with, maintained, or sponsored by any third party other than Candivore. All products, services and company names referenced or included are the registered trademarks of their original owners. The use of any mark, name, image, or likeness is for identification and reference purposes only and does not imply any association with the trademark holder, respective individual, or their brand. Candivore expressly disclaims any affiliation with any third-party trademarks or rights of publicity referenced or included on the Influencer Promotion, or related materials. The use of any mark, name, image, or likeness is not intended to mislead, confuse the customer, or infringe on the copyright, rights of publicity, or trademark of any third party. Such use in no way indicates any relationship with any third party, nor does it signify that any such third party is the source of, endorses, approves of, or sponsors the use of our Services. We make no commercial claim to the use of any copyright, rights of publicity, or trademark of any third party, or suggestion of sponsorship or endorsement, and any such use is provided for informational purposes only.
- Our decisions regarding the administration and operation of the Influencer Promotion, including, without limitation, the selection of potential winners are final and binding. Candivore's systems will be used for determining when the Promotion Period has commenced or concluded, and such determination shall not be disputed for any reason.
- Candivore shall be the sole arbiter in all matters relating to the Influencer Promotion and the interpretation of these Influencer Promotion Terms. The decisions of Candivore will be final as to all matters, including, without limitation, whether any entry submitted is valid or not.
- The Influencer Promotion will be governed by the laws of the state of Israel and entrants to the Influencer Promotion submit to the exclusive jurisdiction of the courts of Tel Aviv, Israel.
- In case of a conflict between these Influencer Promotion Terms or the Terms, these Influencer Promotion Terms shall prevail.
For information, support, complaint or questions, please contact us: matchmasters@candivore.io
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