NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE AN ENTRANTS CHANCES OF WINNING. VOID WHERE PROHIBITED.
BY ENTERING THE CONTEST, ALL ENTRANTS AND WINNERS AGREE TO ABIDE BY AND BE BOUND BY THESE OFFICIAL CONTEST RULES AND CONSENT TO THE USE OF THEIR PERSONAL INFORMATION TO ADMINISTER, IMPLEMENT AND FULFILL THE CONTEST.
APPLE IS NOT A SPONSOR NOR IS INVOLVED IN ANY WAY IN THIS CONTEST. THE CONTEST SPONSOR (AS DEFINED BELOW) IS SOLELY RESPONSIBLE FOR PROVIDING THE PRIZE IF WON BY AN ELIGIBLE ENTRANT. THE PRIZES WON ARE NOT APPLE PRODUCTS, NOR ARE THEY RELATED TO APPLE IN ANY WAY. THE RESPONSIBILITY OF ORGANIZING THE CONTEST AND DISTRIBUTING THE PRIZES ARE NIKI STUDIO' RESPONSIBILITIES. APPLE DOES NOT SPONSOR THIS CONTEST IN ANY WAY.
ELIGIBILITY: Subject to the exclusions below, the Niki Studio Contest (the "Contest") is open only to legal residents of Canada (excluding Quebec), USA and all other countries with app distribution from the iOS App Store and Google Play Store who have reached the age of 14 at the time of entry ("Eligible Entrants"). Entrants are not eligible to enter or win the Contest if they are: (a) an employee, officer, director, representative or agent of Niki Studio Inc. (the "Contest Sponsor"), its parent, subsidiaries, related or affiliated companies or, if applicable, any of their respective advertising or promotion agencies, or any other company or individual engaged in the provision of goods or services related to this Contest (collectively, the "Contest Parties"’); or (b) a member of the immediate family (parent, child, sibling, spouse, grandparent, grandchild, cousin, aunt or uncle, whether related through blood, marriage, common law, civil union or adoption, regardless of where they live) or household (whether related or not), of any of the above individuals.
CONTEST PERIOD: The Contest begins at 12:05:00 AM Coordinated Universal Time (UTC) September 4, 2023 and ends at 12:04:59 AM Coordinated Universal Time (UTC) September 6, 2023 unless suspended or cancelled earlier as set out herein (the "Contest Period").
TO ENTER: Eligible Entrants can obtain entry into the Contest by:
The Contest Apps include: Pop Blast (the "Contest App(s)")
TO WIN: At the end of the Contest Period in Toronto, Ontario, a random draw will be held from among all eligible entries received during the Contest Period to select an entrant eligible to win the Prize (as defined below). In order to be declared a winner, the selected entrant will be required to: (a) sign and return to the Contest Sponsor, or its designated agent, a Declaration and Release that (i) confirms submission of the Smiling Selfie and compliance with the Official Rules, and (ii) releases the Contest Parties from any and all liability in connection with the Contest or the acceptance, awarding, use or misuse of any Prize (the "Release Form"); (b) correctly answer without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered at a mutually convenient time by telephone; and (c) furnish proof of identification, in the form of a drivers' license or other form of government-issued photo identification. The Contest Sponsor reserve the right to verify any of the foregoing requirements including, without limitation, proof of age and jurisdiction of residence prior to awarding the Prize. If an entrant’s name is drawn and they are unqualified, the Prize may be forfeited in the Contest Sponsor’s sole discretion.
PRIZE DETAILS: There is one (1) prize available to be won, consisting of CAD $3000, to be awarded and paid out to the winner by NIKI or a third-party payment processor on our behalf (the "Prize"). Prize will be delivered to the Prize winner within 4 to 6 weeks of verification as set out below. Odds of winning the Prize depend upon the number of eligible entries received by the Contest Sponsor during the Contest Period. Winners must accept the Prize as awarded by the Contest Sponsor or the Prize will be forfeited. Prizes cannot be transferred or substituted, except at the Contest Sponsor's sole discretion. Failure to verify or declare a winner or otherwise unclaimed Prizes will result in such Prizes being forfeited and not awarded.
NOTIFICATION OF ELIGIBLE WINNERS: Selected entrants will be notified within five business days of the draw by telephone or email at the telephone number or email address provided through the Contest App. If a selected entrant cannot be reached within seven (7) calendar days of the first attempt to contact the selected entrant, he/she may forfeit the opportunity to be declared a winner, at the Contest Sponsor's sole discretion. If the Contest Sponsor is unable to reach the selected entrant within the time given, attempted notification is returned as undeliverable or if selected entrant fails to: (i) return to the Contest Sponsor a duly completed Declaration and Release form by the required deadline, (ii) correctly answer the mathematical skill-testing question, (iii) accept the Prize as awarded or, (iv) otherwise comply with these Official Rules, the selected entrant may be disqualified and the Prize may be forfeited, at the Contest Sponsor's sole discretion. The Contest Sponsor will not be responsible for any failed attempts to reach a selected entrant.
RIGHT TO SUSPEND/MODIFY/TERMINATE: The Contest Sponsor reserves the right, in its sole discretion, to suspend or cancel the Contest at any time if, for any reason the Contest is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (“Interruptions”). The Contest Sponsor reserves the right to cancel, in its sole discretion, to suspend and/or modify the Contest, or any part of it and disqualify any individual who is responsible for any Interruptions, tampering with the entry process, the operation of the Contest Apps, or who is otherwise in violation of these Official Contest Rules. If terminated, the Contest Sponsor may, in its sole discretion, determine the winners from among all eligible Entries received up to time of such action using the procedures outlined herein.
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by the Contest Parties resulting from entrant's participation in or attempt to participate in the Contest, ability or inability to upload or download any information in connection with the Contest, or from the disruption of third-party services such as mail delivery. No responsibility or liability is assumed by the Contest Parties for Interruptions, technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, cable, satellite, network, electronic, Internet connectivity or other online or network communication problems; errors or limitations of any Internet service providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the Contest App in whole or in part for any reason; traffic congestion on the Internet or the Contest App's servers; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Contest Parties is not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the processing of Tickets or entries, or in any Contest-related materials. Use of the Contest App is at user's own risk. The Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest. By participating in the Contest, entrants agree: (i) to release, hold harmless and indemnify the Contest Parties, Facebook, Inc., Apple, Inc., and Google Inc. from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest; (ii) all causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (iii)any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs. By accepting a Prize, winner agrees that the Contest Sponsor, its parent, subsidiaries, related or affiliated companies or, if applicable, any of their respective advertising or promotion agencies, or any other company or individual engaged in the provision of goods or services related to this Contest and their officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by winner against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from participation in the Contest or from the acceptance, possession, misuse or use of any Prize. ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THE CONTEST APP OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND THE CONTEST SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
PRIVACY AND PUBLICITY RELEASE: The Contest Sponsor and its authorized agents will collect, use, and disclose the personal information provided upon registration and entry into the Contest for the purposes of administering the Contest and Prize fulfillment, in accordance with the Contest Sponsor's Privacy Statement, available at link. By accepting a Prize, winners consent to the publication and use of their name, address (city, province), voice, statements, photographs, image and/or likeness in any form, manner or media whether now known or hereafter devised, including, without limitation, in print, radio, television, in the Contest App, and on the Internet for any purpose in connection with the Contest including, without limitation, for the purposes of advertising and trade, and promoting the Contest Sponsor and its services, without further notice or compensation.
By submitting a Smiling Selfie, entrants represent and warrant that they have the right and authority to, and do hereby, grant to the Contest Sponsor an irrevocable, non-exclusive, royalty-free worldwide license in perpetuity to produce, reproduce, encode, store, copy, transmit, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse, exhibit, publish, post, adapt, create derivative works from, commercialize and or otherwise use all or any part of the Smiling Selfie in any manner and media whether now known or hereafter devised including, without limitation, on the Contest App. Entrants also waive any and all moral rights that they may have in and to the Smiling Selfie with respect to the uses contemplated above, and agree to release, hold harmless and indemnify the Contest Parties from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relates in any way to the Contest Sponsor's use of the Entry.
GENERAL CONDITIONS: The Contest Sponsor is not responsible for any other costs associated with claiming or using the Prize. The winners are solely responsible for the reporting and payment of any and all taxes, if any, that may result in claiming the prizes in this Contest. Decisions of the Contest Sponsor are final on all matters relating to the Contest, including matters of fact, interpretation, eligibility, procedure and fulfillment in respect to the Contest. The Contest Sponsor reserves the right at any time to cancel or modify the Contest or to modify or supplement these Official Contest Rules without notice, in its sole discretion, subject to applicable law.
Questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants' rights and obligations, or the rights and obligations of the Contest Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws in effect in the Province of Ontario, without giving effect to any choice of law or conflict of law rules. Any waiver of any obligation hereunder by the Contest Sponsor does not constitute a general waiver of any obligation to entrants. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.