Cyber Monday Giveaway Terms and Conditions
Promotion is open to all current users of the Auctions platform who have made a purchase in the Auctions system.
1. Sponsor:
Dbots B.V.
Gooimier 8, 1411DD Naarden, The Netherlands
2. Start/End Dates
- Promotion begins at 12:00:01 am Universal Time Coordinated (“UTC”) on November 25th, 2022 and ends at 7:00:00 pm UTC on November 29th, 2022 (“Promotion Period”).
3. How to Enter:
During the Promotion Period, in order to enter the participant must complete all three of these steps:
- Successfully place a bid for an advertisement slot on the Auctions platform (https://auctions.top.gg).
- Successfully win an advertisement slot on the Auctions platform.
- Successfully purchase the advertisement slot by paying for it via the Auctions platform payment processor, Fastspring (https://fastspring.com) (“Payment Processor”) using one of the supported payment methods (PayPal, card, wire transfer…).
You must be an active holder of an Auctions account in good standing with Top.gg to be eligible to enter this Promotion (i.e., you must not be banned from the Auctions platform). If you do not have an Auctions account, you can create one for free by visiting https://top.gg/advertise. You must also be eligible to make a purchase through the Payment Processor. No account is necessary to make a purchase through the Payment Processor.
All entry information shall be collectively referred to herein as the “Submissions” or each as a “Submission”. Submissions must comply with the Guidelines and Restrictions defined below.
You may only use one Auctions account to enter. All terms and conditions of Auctions and the Payment Processor apply. Each Submission submitted by an entrant throughout the Promotion Period must be different from other Submissions submitted by that entrant, as determined by Sponsor in its sole or absolute discretion. Multiple entrants are not permitted to share the same Auctions account. Use of any automated system to participate is prohibited and will result in disqualification.
All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. By entering the Promotion, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Promotion.
4. Eligibility:
Participation open to any Auctions customer that makes a purchase during the Promotion Period. Void where prohibited or restricted by law. Employees, officers and directors of Dbots B.V. (“Sponsor”) and its parent company, subsidiaries, affiliates, franchisees, partners, advertising and promotions agencies, manufacturers or distributors of Promotion materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter.
5. Submission Guidelines and Content Restrictions:
By entering the Promotion, each entrant agrees that entrant’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Promotion if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
Guidelines:
- The submission must be purchased during the Promotion Period.
- The submission must be purchased via the Payment Processor.
- The submission must meet all requirements and guidelines of Auctions advertisements (https://support.top.gg/support/solutions/articles/73000543366-auctions-guidelines), including those listed below.
Content Restrictions:
- The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- The Submission must not disparage Sponsor or any other person or party;
- The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of any jurisdiction where Submission is created; and
- The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Promotion.
By entering, each entrant warrants and represents the following with respect to the entrant’s Submission: ( a ) entrant is the sole and exclusive owner of the Submission; ( b ) the Submission will not infringe on any rights of any third parties; and ( c ) any third parties referenced or depicted in the Submission have given entrant appropriate consent to be referenced or depicted in accordance with these Official Rules. Sponsor reserves the right to request releases from any third parties referenced or depicted in any Submissions at any time. Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.
Sponsor’s decisions are final and binding in all matters relating to this Promotion, including, but not limited to, interpretation and application of these Official Rules.
6. Random Drawing/Odds:
Winner will be selected in a random drawing from all eligible entries received on or about November 30th, 2022. Odds of winning depend on the number of eligible entries received for the drawing. Drawing will be conducted by Sponsor. By entering the Promotion, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Promotion.
7. Prize
One (1) winner will receive a refund in Auctions credits in the amount of their purchase made during the Promotion Period. Approximate retail value varies based on the purchase. To be able to use the prize, the winner will need to have an Auctions account, which you can make for free at https://auctions.top.gg. By accepting the prize, the winner agrees to assume all risks associated with Auctions credits. Prize is non-transferable. No substitutions or cash redemptions. All taxes and unspecified expenses are the responsibility of the winner.
8. Notification
The winner will be notified within 72 hours of the end of the Promotion Period (before December 2nd, 2022 7:00:00 PM UTC) via email (Note: The email provided to the Payment Processor will be used, the email will be received from support@top.gg). The credits won will be automatically applied to the Auctions account without need to be “claimed”.
If any prize or prize notification is returned as undeliverable, if potential winner rejects his/her prize or in the event of noncompliance with these Promotion rules and requirements, such prize will be forfeited and may be awarded to an alternate winner from all remaining eligible entries (time-permitting). Upon prize forfeiture, no compensation will be given.
After the winner has received their prize, the Sponsor’s Discord Server will post the winner’s Discord account name publicly. By entering the Promotion, entrants agree to having this information posted.
9. Conditions
BY PARTICIPATING, ENTRANTS AND WINNER AGREE TO RELEASE AND HOLD HARMLESS SPONSOR AND THEIR ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, FRANCHISEES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN PROMOTION, AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Entrants who do not comply with these Official Rules, or attempt to interfere with this Promotion in any way shall be disqualified. Sponsor is not responsible if Promotion cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
10. Additional Terms
Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Promotion, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Promotion or downloading any materials in this Promotion. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such a case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion or web site. Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Limitation of Liability; Disclaimer of Warranties:
IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE PROMOTION. WITHOUT LIMITING THE FOREGOING, THIS PROMOTION AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS 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. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. Use of Data
Sponsor and the Payment Processor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review Sponsor’s privacy policy located at https://www.top.gg/privacy and the Payment Processor’s privacy policy located at https:/www./fastspring.com/privacy/. By participating in the Promotion, entrants hereby agree to Sponsor and Payment Processor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor and Payment Processor’s privacy policy.