Terms and Conditions – College Promotion
Please carefully read the following Terms and Conditions (the "College Promotion Terms"), because they constitute a binding agreement for chapters of Greek organizations at University of Florida (each, a “Chapter”) and their individual members seeking to participate in the promotion that we, Two Degrees, Inc., organize and administer (the “Promotion”).
These College Promotion Terms apply separately and distinctly from other promotions we may administer and to which you may have additionally signed up.
The Promotion begins November 12, 2017 at 10:00 am EST and ends November 18, 2017 at 5:00 pm EST.
To clarify: once the Promotion has ended as per the timetable above, you will no longer be able to amass Rewards (as explained below).
2. Eligible Participants and Registration
Subject to any applicable law, the Promotion is only open to Chapters and their individual members who are 18 years of age or older. The Promotion and these College Promotion Terms are void where prohibited by law. If you are not a Chapter, not a member of such Chapter, or are under the age of 18, you may not participate in the Promotion, in any way. A Chapter or individual member of such Chapter may not take advantage of the Promotion more than once.
Employees and board members of Two Degrees, Inc., persons involved in the administration of the Promotion as well as family members (i.e. parents, grandparents, children, grandchildren, siblings, nieces, nephews, and in-law relatives) of any of the above individuals are not eligible to participate in the Promotion.
We reserve the right to verify your identity and eligibility to participate in the Promotion. If we so request, you must promptly provide us additional information necessary to verify your identity and eligibility to participate in the Promotion. If we, in our reasonable discretion, determine that you have violated the College Promotion Terms or are not eligible to participate in the Promotion, we may disqualify you and terminate your participation under these College Promotion Terms, without prior notice and without any liability to you.
We may, from time to time, set additional or clarifying rules or guidelines regarding the Promotion. We will notify of these rules and guidelines on our website, through in-app notification, or through email message to the address you provided upon registration. Such additional or clarifying rules and guidelines shall be binding.
In order to be eligible to be rewarded for your participation in the Promotion, you must perform and complete all of the following steps before the promotion ends:
1. Obtain your unique referral link from your Chapter (the “Unique Link”).
2. Download the App using the Unique Link.
3. Launch the App, register as a user and sync your contacts.
4. Invite one or more friends, family members, acquaintances and others (each is an “Invitee”, other than yourself) to use the App by providing them the Unique Link and having them do all of the following:
· Download and install the App on their smartphone using the referral link you provided; and
· Launch the App, register as a user and sync their contacts.
The Chapters themselves may also provide us a list of their members’ email addresses, which we will use to send out an email message inviting those members to enroll in the Promotion. By providing us those email address, the Chapter confirms that it is permitted to share those addresses with us for the purposes of the Promotion and that it has obtained the consent of each member whose email is listed, to share his address with us in order to receive email messages from us.
The top two Sororities and Fraternities who get the most Invitees to perform step 4 above using the Chapter’s Unique Link will be awarded the following prizes:
1. $5,000 – 1st place Sorority; $5,000 – 1st place Fraternity
2. $1,000 – 2nd place Sorority; $1,000 – 2nd place Fraternity
In addition, the top individual Chapter member, across all Chapters, who gets the most Invitees to perform step 4 above using their Chapter’s Unique Link will be awarded the following prizes:
1. Individual Chapter member with most Invitees $1000
2. Individual Chapter member with 2nd most Invitees $500
3. Individual Chapter member with 3rd most Invitees $500
4. Individual Chapter member with 4th most Invitees $500
5. Individual Chapter member with 5th most Invitees $500
6. Individual Chapter member with 6th most Invitees $500
7. Individual Chapter member with 7th most Invitees $500
8. Individual Chapter member with 8th most Invitees $500
9. Individual Chapter member with 9th most Invitees $500
10. Individual Chapter member with 10th most Invitees $500
The above will be referred to as the “Rewards”.
The information documented in our systems, such as the registrations of Invitees and registration timings, is final and non-contestable. At times, our systems may experience delays in documenting your referrals. Please be patient. Note that you and your Invitees may not use the referral link to download the App multiple times on the same device. Such multiple uses will not count as multiple Rewards.
Following the end of the Promotion, once we complete processing the Promotion’s metrics, we will contact the winning Chapters and individual members and award the Rewards to them and post the names of the winners online (therefore, by accepting these Terms you consent to your name being posted publicly if you are awarded Rewards). We will deduct from the Reward any taxes we deem required under the applicable tax laws, and remit to you the net Reward following such deductions. Rewards are non-transferable and may not be redeemed for cash or any other form of payment.
The Reward may be considered taxable income pursuant to the tax laws applicable you. You are solely responsible for reporting the prize to the relevant taxation authorities, and paying all taxes applicable to the Reward, as required by the applicable tax laws. If we so request, you will promptly complete and submit to us all tax forms, tax certificates or tax authorizations we deem necessary, under the applicable tax laws.
Throughout your participation in the Promotion, you must not interfere with or disrupt the administration of the Promotion, or engage in any action that may manipulate the Promotion or the accrual of Invitees or Participating Invitees
WE MAY EMPLOY MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE ACTIVITIES IN CONNECTION WITH THE PROMOTION. WE MAY DISQUALIFY YOU AND TERMINATE YOUR PARTICIPATION UNDER THESE COLLEGE PROMOTION TERMS WITHOUT PRIOR NOTICE AND WITHOUT LIABILITY TO YOU OR THE TEAM, IF WE, IN OUR SOLE DISCRETION, BELIEVE THAT YOU HAVE ENGAGED IN FRAUDULENT OR ABUSIVE ACTIVITIES IN CONNECTION WITH THE PROMOTION.
5. INDEMNITY; DISCLAIMERS OF WARRANTY; LIMITATION OF LIABILITY
You agree to release, indemnify and hold harmless, us and our employees, affiliates, partners, agents, service providers, advisors, consultants and assignees (collectively, “Staff”) to the maximum extent permitted by applicable law, from and against any and all liability, loss, harm, damage, injury (including emotional distress), cost or expense whatsoever arising from or in connection with your participation in the Promotion, your Reward, your breach or alleged breach of the College Promotion Terms or any other rules or guidelines applicable to the Promotion, or your alleged violation or infringement of another persons’ rights, including intellectual property rights, privacy and publicity.
WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, WITH RESPECT TO THE PROMOTION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, OR EXPECTED OUTCOME OR EARNINGS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE TO YOUR, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF REWARD OPPORTUNITY AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE PROMOTION, THE INVITATION OR INVITEES, THE USE OF, OR THE INABILITY TO PARTICIPATE IN THE PROMOTION, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APP OR PROMOTION SYSTEMS, OR FROM ANY DELAYED OR INCOMPLETE REGISTRATIONS, OR FROM ANY COMPUTER OR COMMUNICATION MALFUNCTIONS, OR FROM ANY FAULT, OR ERROR MADE BY THE INVOLVED PERSON’S STAFF, OR FROM ANY DENIAL OR DISQUALIFICATION OF YOUR ENTRY OR PARTICIPATION IN THE PROMOTION, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR REGISTRATION. NOTWITHSTANDING THE FOREGOING, WE SHALL NOT BE RELEASED FROM OUR LIABILITY TO REMIT TO YOU PAYMENT OF THE REWARD, IF AND TO THE EXTENT YOU ARE ELIGIBLE UNDER THESE COLLEGE PROMOTION TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE PROMOTION IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
6. Governing Law; Dispute Resolution
These Terms, and any dispute, claim or controversy between you and us regarding the Service or these Terms (a “Dispute”), shall be solely governed by the laws of the State of New York without regard to its conflict of law provisions.
Any and all Disputes shall be resolved through binding arbitration by telephone, online or based solely upon written submissions without in-person appearance, and on an individual and not consolidated or class-representative basis. Arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, including any of its procedures applicable to consumer related disputes, except that you may lodge claims in small claims court if your claim qualifies. The Federal Arbitration Act and federal arbitration law apply to these Terms. Judgment on the arbitral award may be entered in any court with competent jurisdiction.
You and we hereby acknowledge, agree and covenant that any Dispute shall only be adjudicated on an individual basis, and not in class, consolidated or representative proceedings. Should a Dispute be adjudicated in court, rather than arbitration, for any reason whatsoever, you and we each expressly and knowingly waive any right to a jury trial.
Notwithstanding anything to the contrary in this section, we may lodge a claim against you: (a) pursuant to the indemnification clause above, in any court adjudicating a third party claim against us; and (b) in connection with the infringement (or alleged infringement) of any of our intellectual property rights, in any court of competent jurisdiction having personal jurisdiction over you.
Except as expressly provided in the provisions herein concerning the Reward, you are not entitled to any form of compensation or consideration for your participation in the Promotion. You are exclusively responsible for all costs and expenses associated with your participation in the Promotion. These College Promotion Terms constitute the entire agreement regarding Two Degrees, Promotion. You may not assign or delegate the College Promotion Terms or any of your rights and obligations hereunder. Any purported assignment, in contravention of the above will be null and void. The section headings in the College Promotion Terms are included for convenience only and shall take no part in the interpretation of these College Promotion Terms. The terms "Including" or “such as”, whether capitalized or not, means without limitation. If any provision of the College Promotion Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
8. Contact us.
You may contact us with any question or comments you may have regarding the Promotion at firstname.lastname@example.org.