Last Modified Date: November 8th 2022
Siingly Giveaway Terms and Conditions
THE FOLLOWING OFFICIAL TERMS AND CONDITIONS (“OFFICIAL RULES”) APPLY TO THE “BEACHFRONT GETAWAY SWEEPSTAKES. NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. THE ODDS OF WINNING THE SWEEPSTAKES DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY ENTERING IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES AND OUR TERMS OF SERVICE SO PLEASE READ THEM CAREFULLY BEFORE ENTERING.
A. ABOUT SIINGLY SWEEPSTAKES PRIZE PROVIDER Siingly LLC.,12100 Wilshire Blvd Suite 800, Los Angeles, CA 90025] (“Siingly”, “we”) is is the sweepstakes provider and sponsor of this Sweepstakes (“Sponsor”).
B. SWEEPSTAKES PERIOD This Sweepstakes begins at 12:00 am (PST) on August 8th, 2023 (“Start Date”) and ends at 11:59:59 PM (PST) on June 17th, 2023 (“End Date”) (collectively, the “Sweepstakes Period”). Please make sure to enter the Sweepstakes before the End date as any entries received after the End Date shall be null and void, and ineligible for the Sweepstakes.
C. ELIGIBILITY This Sweepstakes is open to legal residents of the United States and Mexico, who are 18 years of age or older at the time of entry (void in Puerto Rico,Guam, American Samoa, United States territories, possessions and protectorates, foreign-based United States military installations and wherever restricted or prohibited by law). In certain states, local rules and laws may restrict or prohibit the award of certain prizes or impose additional restrictions on participation. Entry is subject to all local laws. Employees, contractors, directors, officers, representatives and agents of Siingly, its parent, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the Sweepstakes, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household of each such employee (whether or not related) are not eligible to enter or win. Winner must have a valid U.S. passport or be able to legally travel to or within Mexico to be eligible to receive the luxury beachfront vacation.
D. HOW TO ENTER: NO PURCHASE IS NECESSARY TO ENTER OR TO WIN! In order to submit an Entry for the vacation giveaway, an Entrant must download the Siingly mobile application on a compatible Android or Apple device then create a profile with pictures and a bio using Entrant’s info and not that of another individual. Additionally, an Entrant may submit additional entries by completing one or more of the following actions one time each in accordance with the terms and conditions set forth herein prior to the conclusion of the Sweepstakes Period: Entrants must be a personally-registered account holder on one or more of the following social media platforms: Instagram (www.instagram.com), Facebook (www.facebook.com), TikTok (www.tiktok.com) or Twitter (www.twitter.com). It is free to make an account on these platforms.
Follow Siingly’s Instagram @Siinglydating Facebook @Siingly TikTok @Siingly Twitter @Siingly; “like” Sponsor’s Instagram/Facebook/TikTok,Twitter post posted on outlining the Sweepstakes (the “Sweepstakes Post”) “repost” Sponsor’s Instagram/Facebook/TikTok,Twitter post posted on outlining the Sweepstakes (the “Sweepstakes Post”); Any Entrant found to be using the social media account of another person, group, company, or other association, may be disqualified at Sponsor’s sole and absolute discretion. If any Entrant is not a personally-registered account holder of such a social media platform, such Entrant should register for an account on a social media platform prior to additional entries. Registration for and use of a social media account is subject to that account provider’s terms and conditions and Sponsor has no responsibility with respect to such registration or use or enforcement of such terms and conditions. Participation in additional entires will be conducted via UpViral. All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries”. Each Eligible Entry counts as one entry per Entrant and Entrants may only enter once per social media platform. Entrants are limited to one entry per Entrant. If an Entrant uses multiple user accounts to submit more than one entry only the first entry will count. In the event of a dispute over who submitted, or shall be entitled to claim, the winning entry, the authorized account holder of the user account used to participate in the Sweepstakes at the actual time of entry, shall be deemed to be the Entrant. Any potential Prize Winner (as defined herein) may be requested to provide Sponsor with proof and other substantiating documentation that such person is the potential Prize Winner.
F. PRIZE WINNER SELECTION AND LIST Prize Winner Selection. Subject to the terms and conditions set forth in these Official Rules, there may be one (1) potential prize winner selected from among all qualifying Entrants on or about 7 days after the conclusion of the Sweepstakes Period (the “Prize Winner”). Random Selection. The Potential Prize Winner will be selected randomly by compiling a list of Eligible Entries across all social media platforms/entry methods and utilizing an automated selection generator. Sponsor reserves the right, in its sole discretion, to extend the Sweepstakes Period or to not select a Prize Winner. Sponsor reserves the right to delay the announcement of any Prize Winner in its sole discretion. To the extent permitted by law, Sponsor disclaims any liability from, and entrants, agree to waive, any claims against Sponsor relating to the judging or awarding process. Sponsor reserves the right to select an alternate Prize Winner in the event that any potential Prize Winner fails to comply with these Official Rules. Prize Winner Notification: Sponsor and/or its designees shall thereafter attempt to contact the potential Prize Winner using text message, email, or social media direct message. If a potential Prize Winner cannot be contacted or does not respond (within 48 hours of attempted notification) and/or return a copy of the completed Sweepstakes Documentation (as defined herein), within 48 hours of said attempted notification, Sponsor reserves the right, in its sole and absolute discretion, to disqualify such potential Prize Winner and, if time permits, to select the next qualifying potential Prize Winner and attempt to contact same, who shall be subject to the same eligibility requirements and disqualification in the same manner as described in these Official Rules. Sponsor shall not be responsible for failed attempts to notify any potential Prize Winner and no responsibility is assumed by Sponsor for any e-mail(s), message(s) or other correspondence returned as undeliverable without a forwarding address or any other problems, omissions or technical malfunctions associated with any platform, network, servers, computer equipment, software, applications, the Internet or any combination thereof. For the avoidance of doubt, each potential Prize Winner shall be subject to verification, including, as described in Section 7 below. The names of the Prize Winners will be posted on various Siingly social media channels within 30 days of the Sweepstakes End Date.
G. PRIZE WINNER VERIFICATION Upon the request of Sponsor, the potential Prize Winner must sign and return the following documents in order to be eligible to receive a Prize an affidavit of eligibility; a publicity/liability release granting the right to use each potential Prize Winner’s name and likeness for advertising, marketing and publicity purposes; and any other releases and waivers requested by Sponsor, in each instance (i.e., subsections (i), (ii) and (iii) above), releasing the Sponsor Entities from any and all liability, loss, claims, demands, and causes of action for or related to (a) personal injury, damage, theft, loss, or any other harm suffered in connection with the Sweepstakes or the receipt and/or use of any Prize (or any component thereof); and (b) publicity rights, defamation, invasion of privacy, intellectual property and any other personal, proprietary or property rights of any party and/or any related cause of, including, the use/misuse and/or acceptance of any Prize (or any component thereof); (collectively, the “Sweepstakes Documentation”) By entering into the Sweepstakes, each Entrant agrees to promptly sign and return all of the Sweepstakes Documentation within 24 hours of receiving in accordance with the requirements, criteria, parameters and timing described herein or otherwise designated by Sponsor. The Prize Winner's Guest (as defined below) shall also be required to sign and return any releases, licenses, affidavits, waivers and other documents as may be designated by Sponsor
H. PRIZE TERMS AND RESTRICTIONS Only the Prizes as described in these Official Rules shall be awarded and no substitutions, cash equivalents and/or redemptions shall be made, except that Sponsor reserves the right to substitute any Prize (or any component thereof) with another prize of equal or greater value, including a cash award, in the event that the applicable Prize (or any component thereof) is not available. Each Entrant in the Sweepstakes shall be eligible to win no more than one Prize. The Prizes are non-transferable or assignable to any other person or entity, except by Sponsor. Reporting and payment of all applicable fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of any Prize, are the sole responsibility of the Prize Winner. The Sponsor Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery, receipt and subsequent use and redemption of any Prize (or any component thereof). The Prize restrictions and conditions set forth herein are not exhaustive and additional restrictions and conditions may apply, and the Sponsor Entities make no representations or warranties (express or implied) concerning the appearance, safety, features, usage, accuracy or performance of any Prize. The Sponsor Entities shall not be liable for nor replace any lost, stolen, damaged or malfunctioning element of any Prize. For the avoidance of doubt, Sponsor will pay or reimburse any United States federal income tax imposed on the Prize Winner if needed. The potential Prize Winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 shall be issued in the name of the potential Prize Winner for the actual value of the Prize received. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the potential Prize Winner’s responsibility. In the event a Prize Winner and/or their Guest engages in or threatens behavior that (as determined by Sponsor in its sole and absolute discretion) is contrary to the spirit of any Prize or the Sweepstakes, or is dangerous, obnoxious, threatening, illegal or that is intended to annoy, abuse, endanger, threaten or harass any other person, or that otherwise conflicts with the Sponsor’s values, Sponsor reserves the right to terminate such Prize, in whole or in part, or send Prize Winner and/or Prize Winner’s Guest home at Prize Winner’s sole expense.
I. PRIZE DESCRIPTION AND CONDITIONS Subject to all of the terms set forth in these Official Rules, the prize for the Sweepstakes (the “Prize”) for the Prize Winner is: (a) round trip coach class air transportation for the Prize Winner and one (1) guest (the “Guest”) from a major airport near the potential Prize Winner’s place of residence in the U.S. or to and from a suitable U.S. city chosen by Sponsor (carrier and airport to be selected by Sponsor in its sole discretion) to a major airport in Mexico, to be designated by Sponsor, in its sole and absolute discretion; (b) beachfront resort accommodations (one room, standard, double occupancy) for one (7) nights at a resort to be designated by Sponsor in its sole discretion. The approximate retail value (“ARV”) of the Prize is $5,000 USD and the value of the same may vary depending upon market conditions. Any difference between the ARV and the actual value of the Prize, if any, will not be rewarded. The redemption, availability and use of the Prize shall be subject to any applicable policies, conditions, restrictions, exclusions and other terms promulgated by the air carriers, resorts, hotels, venue operators, Prize providers or other third parties providing any Prize-related products or services (including such third parties’ use, acceptance, redemption, cancellation, codes of conduct and security policies, etc.). Except as specifically provided herein, the Prize does not include insurance, travel visas, telephone charges, Internet/data fees, personal expenses, travel arrangements between the potential Prize Winner’s home or their Guest’s home and the U.S. airport of departure, ground transportation (except as specified herein), gratuities, passenger facility charges, departure taxes, incidental charges, or any other items not specifically described in these Official Rules, and all expenses for any of the foregoing are the sole responsibility of the applicable potential Prize Winner. Sponsor Entities shall not be liable for any loss or damage to baggage. The Prize Winner will be required to provide a credit card at the time of hotel accommodations check-in for purposes of a security deposit. THE POTENTIAL PRIZE WINNER AND THEIR GUEST MUST BE ABLE TO TRAVEL ON THOSE DATES AND TIMES DESIGNATED BY SPONSOR, IN ITS SOLE AND ABSOLUTE DISCRETION, and all travel arrangements shall be made by or on behalf of Sponsor or Sponsor’s designated agent. The potential Prize Winner and the Prize Winner’s Guest must be able to legally travel to Mexico and possess valid travel documents, including valid passports, documents affirmatively verifying Prize Winner’s and Guest’s COVID-19 vaccination status and/or proof of a negative COVID-19 test result within the last (3) days of travel or as otherwise mandated by applicable laws, in order to travel. All travel and lodging will be at the risk of the Prize Winner. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates. If the potential Prize Winner chooses not to accept the Prize, fails to comply with these Official Rules, or is unable and/or unwilling to travel on those dates and times designated by the Sponsor, in its sole and absolute discretion, the Prize shall be forfeited, in its entirety, by that potential Prize Winner, and Sponsor reserves the right to offer the Prize to another qualifying Entrant, subject to the terms and conditions set forth in these Official Rules. If Sponsor cannot find an eligible Entrant able to travel on the required dates and times, the Prize shall be forfeited. Once confirmed, trip dates and travel accommodations cannot be changed by the Prize Winner; travel is subject to availability, blackout dates, carrier terms, travel restrictions, conduct requirements and/or changes due to circumstances beyond Sponsor’s control. No extensions shall be permitted, and any unused travel shall be forfeited. The Prize cannot be used in conjunction with any other promotion or offer and may not be separated. All tickets issued in conjunction with the Prize are not eligible for frequent flier miles and no code-share flights may be used.
J. SUBMISSIONS/POSTINGS; RESTRICTIONS; LICENSE In order to promote, market and publicize the Sweepstakes, the Sponsor Entities and certain other related initiatives, entities and services, the Sponsor Entities require a license to use any and all information, materials, work product, concepts, files and content posted, made available or submitted in connection with each Entrant’s participation in the Sweepstakes, including each Entrant’s name (and likenesses), user names, biographical information and any other personal information together with each Submission (collectively, “Postings”). By way of example and by no means limitation, the Postings may be used in connection with Entrant lists, news feeds, emails, notifications, message boards, forums, blogs, blasts, online social community network profiles/groups/platforms, periodicals, magazines, news reports, websites, programming channels, broadcast and any other means of public display and performance, and other uses which may incorporate the Sponsor Entities and/or other affiliated parties' property and branding (including promotional materials such as banners, photos, logos, trademarks, audio-visual content, etc.) (collectively, the “Sponsor Materials”). Accordingly, each Entrant hereby expressly grants the Sponsor Entities a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, sublicensable and transferable right and license to use, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, create derivative works, modify and promote any and all Postings in, on, through and in connection with any and all now known or hereafter devised, discovered or developed forms of media, products, platforms and services, without notice and without compensation, right of inspection, royalty, accounting, liability or obligation of any kind to any Entrant or any other third party. All contents of the Postings, with the exception of any incorporated Sponsor Materials, must be completely original to each Entrant and must not have been taken or composed in whole or in part from any other source, including all graphical, audio-visual elements, imagery and artwork appearing in the Postings, and must be free and clear of any liens or claims with respect to the use of the Postings, and that such use will not give rise to any claims or infringement, invasion of privacy or publicity, or claims for any payment whatsoever including, but not limited to, claims for re-use fees or residuals. All Entrants agree that any and all Postings made during the Sweepstakes Period or in connection with the Sweepstakes shall not contain, include or involve (or be posted on any websites highlighting or featuring)any of the following: obscenity; crude, vulgar or offensive pictures, depictions, images, language and/or symbols; gang signs or symbols; gratuitous violence, guns or other imagery or gestures of weapons. Violence may not be used to stimulate the audience or to invite imitation, nor may it be shown or offered as an acceptable solution to problem or conflict; nudity or explicit, graphic or excessive sexual activity; commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements other than the Sponsor Materials; trade libel; hard liquor use or product images; license plates, phone numbers, personal addresses – physical or email or otherwise; illegal drug or alcohol use or abuse; derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliation of other people (publicly or otherwise), or any assault or threatening of others; violation of anyone's right of privacy, including any statements that may be true but of private facts; trespass or the violation of other people's rights or property; illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress); defamatory, libelous, threatening or other material that advocates against any individual or group including products/services promoting discriminatory behavior (e.g., racial, religious, gender, nationality, sexual orientation); conduct or activities in violation of these Official Rules; or any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsor Entities, in their sole discretion. In addition, each Entrant agrees, confirms and represents to the Sponsor Entities that such Entrant has not engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with the Sweepstakes that: (i) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortious conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (ii) violates any of the terms or conditions of these Official Rules.
K. GENERAL TERMS The Sweepstakes is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Any violation of these Official Rules may result in disqualification. Sponsor reserves the right to reject any entries in the Sweepstakes or any Entrant’s activities associated therewith that may be deemed, in its sole and absolute discretion, to violate these Official Rules, and/or any policies or guidelines established by Sponsor that govern Entrants’ participation in the Sweepstakes. IF THESE OFFICIAL RULES CONFLICT WITH OR OTHERWISE DIFFER FROM ANY PROMOTIONAL OR OTHER MATERIALS PUBLISHED OR MADE AVAILABLE IN CONNECTION WITH THE SWEEPSTAKES, THESE OFFICIAL RULES SHALL CONTROL. The section headings in these Official Rules are for convenience only and are not to be considered in construing or interpreting these Official Rules. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive. ANY VIOLATION OF THESE OFFICIAL RULES BY A PRIZE WINNER AND/OR THEIR GUEST OR ANY BEHAVIOR BY A PRIZE WINNER AND/OR THEIR GUEST THAT SHALL BRING SUCH PRIZE WINNER, GUEST OR SPONSOR INTO DISREPUTE (IN THE SPONSOR’S SOLE AND ABSOLUTE DISCRETION) SHALL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS A PRIZE WINNER FROM THE SWEEPSTAKES AND ALL PRIVILEGES AS A PRIZE WINNER SHALL BE IMMEDIATELY TERMINATED. Sponsor reserves the right to cancel, terminate or modify any transmission, term, condition or other activity, including in circumstances where same is not capable of completion as planned, whether by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, technical failures of any sort or otherwise. Sponsor is not responsible for errors in the administration or fulfillment of the Sweepstakes, including, mechanical, human, printing, distribution or production errors, and may modify or cancel the Sweepstakes for any reason or no reason in its sole and absolute discretion without liability or obligation. Sponsor assumes no responsibility or liability or obligation for inability to provide Sweepstakes Prize. Sponsor assumes no responsibility for the incorrect or inaccurate posting of information whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the Postings, Eligible Entries,memberships, registrations or other correspondence or transmissions in connection with the Sweepstakes.Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines,computer online systems, servers, or providers, computer equipment, software, applications, failure of any email or players on account of technical problems or traffic congestion or otherwise on the Internet or a any web site or application, or any combination thereof, including, any injury or damage to any Entrant’s or any other person's computer related to or resulting from participation in the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of any materials, administration of the Sweepstakes, or in the announcement of the Prize Winner. If, for any reason, any functionality or other aspect of the Sweepstakes is not capable of being offered and/or operated as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify (e.g., time periods, alternate prizing, eligibility criteria, etc.) or suspend the Sweepstakes. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and use thereof shall result in disqualification of all such entries. Sponsor reserves the right in its sole and absolute discretion to disqualify any Entrant or other party for any reason, including those it finds to (i) have tampered with the entry process or the operation of any technology associated therewith (or any component thereof); (ii) be acting in violation of these Official Rules or the spirit of the Sweepstakes; or (iii) be acting in a disruptive or unsportsmanlike manner, whether with intent to annoy, abuse, threaten or harass any other person or Entrant or other otherwise, or to have provided inaccurate information at any time during the Sweepstakes, including, on any entries or legal documents submitted in connection with the Sweepstakes or otherwise. Further, Sponsor reserves the right to disqualify any Entrant whose conduct, in Sponsor’s sole and absolute discretion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate or unsportsmanlike in any way for the Sweepstakes CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Entrants agree to indemnify and hold harmless the Sponsor Entities from any and all liability resulting or arising from Entrant’s acts or omissions in connection with the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sponsor Entities from any and all liability resulting or arising from the Sweepstakes and hereby acknowledge that the Sponsor Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in factor in law, relative to the Prizes.
L. DISPUTES/GOVERNING LAW Except where prohibited, as a condition of participating in the Sweepstakes, each Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with the Sweepstakes, or the Prizes awarded, or the determination of the Prize Winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances shall any Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant’s actual out-pocket expenses (e.g., costs associated with entering the Sweepstakes), and each Entrant further waives all rights to have damages multiplied or increased. All issues and questions, rights and obligations of each Entrant in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the State of California, County of Los Angeles. Sponsor and each Entrant waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or the Sweepstakes.