Definition: Going Merry Giveaways (the “Giveaways”) are contests published on our website that offer a specific number of prizes to randomly selected eligible individuals.
Eligibility: Giveaways are open only to legal individuals who are 18 years of age or older. Employees of Going Merry Ltd., its advertising or promotion agencies, those involved in the production, development, implementation or handling of a Giveaway, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers any other person or entity associated with Giveaway (collectively “Giveaway Entities”) and/or the immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee, are not eligible. Subject to all federal, state and local laws and regulations. Void where prohibited by law.
If the prize is digital e.g. software: Giveaways featuring digital prizes are open to eligible persons as stated above.
If the prize is physical: Unless explicitly stated otherwise, Giveaways featuring physical prizes are open to eligible persons as stated above. We will deliver to any physical address for free but we reserve the right to refuse to acknowledge winners from countries where deliverability is a known issue/problem. If we refuse delivery to your provided address after you’ve submitted a claim, you have the option of providing us with a US, UK or Australian shipping address within a 72-hour grace period. You will bear the delivery cost to your country of residence. Upon expiry of the allocated grace period, the claim is void.
Sponsor: The Giveaways are sponsored by Going Merry Ltd. (“Sponsor”) unless stated otherwise.
Agreement to Official Rules: Participation in a Giveaway or a Twitter Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Entry Period: The start and end times/dates (the “Entry Period”) are located on the applicable Giveaway page.
Giveaway Entry/Submission: Follow the directions on the applicable Giveaway page in order to submit an entry. The use of any agencies or automated software to submit entries will void all entries submitted by that person.
Winner Selection: Winner(s) will be selected via random drawing. The odds of being selected depend on the number of eligible entries received. Potential winner(s) will be contacted via email. In some cases, the Winner(s) will be asked to provide their first and last names, age and mailing address. If a potential winner does not respond within seven (7) days, the Sponsor may select an alternate potential winner in his/her place at random from all entries received during the Entry Period.
Prize(s): The prize(s) (and their retail values) are located on the applicable Giveaway page. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for any taxes and fees associated with receipt or use of a prize.
General Conditions: In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder of the screen name from which the entry is made. The authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Release and Limitations of Liability: By participating in the Giveaway, entrants agree to release and hold harmless the Giveaway Entities from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt of any prize. Entrant further agrees that in any cause of action, the Giveaway Entities’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Giveaway Entities be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Twitter Contests: Going Merry will sponsor occasional Contests on Twitter via Going Merry’s Twitter account. New contests are notified via Going Merry’s Twitter stream. The Contest Entry Period will be announced on Going Merry’s Twitter stream. No purchase, entry fee, payment or proof-of-purchase is necessary to participate in the Contest. You can enter the Contest in accordance with the steps described on Going Merry’s Twitter stream. By tweeting or retweeting, entrants agree that they have read, accept, and agree to be bound by the Official Rules. The name of the person entering the Contest must be the authorized account holder of the Twitter address used to submit entry to the Contest; otherwise, the entry may be disqualified. In the event of a dispute over the identity of a winner, an entrant will be required to provide identification sufficient to show that he/she is the authorized account holder of the Twitter address on the entry form. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her Twitter, e-mail or postal address during the Contest Period. Automated and/or repetitive electronic submissions (including but not limited to entries made using any script, macro, bot or Contest service) will be automatically disqualified and transmissions from these or related email or IP addresses may be blocked.
Android/iOS App Contests: Going Merry occassionally sponsors Giveaways which are operated exclusively within the Going Merry application. New contests are notified within the Going Merry Giveaways group. You can enter the Contest in accordance with the steps described in Going Merry Giveaways group. Only entries made via the Going Merry application are valid. By participating in the contest, entrants agree that they have read, accept, and agree to be bound by the Official Rules as stated above. The winner(s) of any app-exclusive Giveaways will be contacted directly within the application.
Use of your submission and personal information:
(a) Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned. By submitting an entry:
(i) You represent and warrant that your entry and all elements contained therein (“Content”) are your original work, have not been stolen or plagiarized, previously published or distributed in any media and have not been entered in or won previous contests or awards; and, that the Content does not violate any copyright, trademark, publicity right, or any other right of any third party;
(ii) You agree that Content shall be, to the maximum extent eligible, a “work made for hire,” under the U.S. Copyright Act, as amended, with all rights therein, including without limitation the exclusive copyright, being the property of Sponsor. Otherwise, if your entry or any element thereof is considered not to be a “work made for hire,” you hereby unconditionally and irrevocably transfer to Sponsor all right, title, and interest in the Content (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, wherever produced or located, including without limitation the right to use, copy, distribute, perform, display and to create derivative works of the Content for advertising, trade, other commercial purposes or any other purpose;
(iii) You represent and warrant that you meet the requirements and qualifications for this Contest and that you have read these Official Rules and are fully familiar with them.
(b) You agree to indemnify, and hold Sponsor, its officers, directors, employees, contractors, agents and representatives (“Indemnities”) harmless from and against any third party claim (including reasonable attorneys’ fees and costs) arising from any use of the Content. You waive (i) any right to publicity, privacy or moral rights relating to the Content or your participation in this Contest, and (ii) any right to inspect or approve uses of the Content or to be compensated for any such uses. To the extent these rights may not be waived legally, you agree not to assert them.
(c) By submitting an entry, you grant Sponsor and its affiliated companies for a period of three (3) years from the end of the Contest Period, the right (except where prohibited by law), to use your Twitter handle and tweet, submission/entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing the Contest, Sponsor and its goods and services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, rights of integrity or attribution, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, image, picture, likeness, voice, address (city and state), e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies and agents for all entrants in the Contest, including entrants who are selected as prize winners and those entrants who are not selected. Sponsor shall have no obligation to use the winning entries or any other entry for any purpose.
(d) Your entry shall not: (1) contain trademarks or copyrighted material not owned by entrant or used without permission (including, but not limited to, company names and other brand names); (2) use individuals’ names, in whole or in part without permission; (3) refer to public figures; (4) contain profanity, pornographic, or sexual content, content promoting alcohol, illegal drugs, tobacco, firearms, or weapons, hateful content of any kind (including racism, sexism, etc.), content that promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content; (5) defame, misrepresent, or contain disparaging remarks about other people or companies, including, but not limited to Sponsor; (6) promote a political agenda regardless of the political affiliation; or (7) contain materials embodying the names or other identifying elements of any person, living or dead, without permission.
Conduct: By entering a Going Merry Contest or Giveaway, entrants agree to be bound by these Official Rules and the decisions of the Sponsor that shall be final and binding in all respects. These Official Rules are accessible from //www.Going Merry.com/official-giveaway-rules/ throughout the Contest Period. Failure to comply with these Official Rules may result in disqualification. Entry submissions cannot defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. Modifying, enhancing or altering a third party’s pre-existing work does not qualify as entrant’s original creation. If the entry submitted contains elements not owned by the entrant, entrant must be able to provide legal releases (“Releases”) for such use including Sponsor’s use of such entry, in a form satisfactory to the Promotion Parties. Promotion Parties are not responsible for typographical errors or any other errors in entries submitted. By submitting an Entry, each Entrant represents and warrants that it is wholly original with her/him, she/he owns all right, title and interest in and to the Entry, that she/he has committed no fraud or deception in connection with such Entry, and that she/he has the sole and exclusive right to grant, transfer and assign all rights in and to such entry to the Promotion Parties. Promotion Parties assume no responsibility for any third party use of any material submitted in connection with the Contest.
Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Contest; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person.
Defamation: Any attempt by any person to undermine the legitimate operation of the Giveaway by any means may be a violation of criminal and civil law, 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. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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