‘Meet and Greet Barrett Pall’ Pride Party Contest T&Cs



OFFICIAL RULES






1.  CONTEST: The following official terms and conditions (“OFFICIAL
RULES”) apply to the
CHAPPY PRIDE PARTY CONTEST
(the “Contest”). NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST
COMPLETING THE ACTIONS DESCRIBED FOR ENTRY IN SECTION 4(A) BELOW SHALL
NOT INCREASE YOUR CHANCES OF WINNING AS COMPARED TO OTHER FORMS OF ENTRY. THE
ODDS OF WINNING THE CONTEST DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID
WHERE PROHIBITED OR RESTRICTED BY LAW.
This Contest is sponsored by Chappy,
Inc. (“Sponsor”).


2.  ENTRY
PERIOD:
The Contest commences
at 10am (ET) on June 13th, 2018and ends at Midday (ET) on June 14th 2018 (the “Contest
Period”). All entries must be received prior to the expiration of the Contest
Period in accordance with the terms and conditions of these Official Rules, and
any entries so received thereafter shall be null and avoid, and ineligible for
the Contest.


3.  ELIGIBILITY: This Contest is open to legal
residents of the 50 United States. Entrants must be at least 18 years of age or
older at time of entry. Employees (and their immediate families) (i.e., parents, spouse, children,
siblings, grandparents, step parents, step children and step siblings) of Sponsor
are not eligible for the Contest.


4.  HOW TO
ENTER:


A.  In order to be entered into the Contest and become an eligible entrant (“Entrant”), Entrant must
complete the following actions in accordance with the terms and conditions set
forth herein prior to the conclusion of the Contest Period:


(i) (a) download to his or her compatible mobile device the
Chappy App (available on the Android and iOS operating systems and available on
certain platform operators’ storefronts) (“Chappy App”); (b) create a
user profile within the Chappy App by completing all of the required fields and
complying with the other requirements required thereby; and (c) electronically
acknowledge and agree to Sponsor’s Terms of Service, Privacy Policy and other
required terms and policies; and





(ii) The user can then swipe through Chappy to see if they
are lucky enough to see Barrett’s promo cards. They can then click through to
fill in a typeform, provide their name, email, city and Instagram handle.


5.  GENERAL ENTRY TERMS AND CONDITIONS: All entries
submitted in accordance with these Official Rules shall be hereinafter referred
to as “Eligible Entries”. 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 Contest at the actual time of entry, shallbe deemed to be the Entrant. The authorized
account holder is defined as the natural person who is assigned the applicable e-mail
address or user credentials by an Internet access provider, IP-connected
application, online service provider or other organization that is responsible
for granting credentials or assigning e-mail addresses for the domain
associated with the submitted e-mail address. All entries and materials become
the property of Sponsor and will not be acknowledged or returned. 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.


6.  ENTRY
ConDITIONS
:
By entering and/or participating in the Contest, each Entrant
agrees:


(a) to be bound by
and comply with (i) all of the terms and conditions set forth in these Official
Rules; (ii) the interpretations of these Official Rules by Sponsor and by the
decisions of Sponsor, which are final in all matters relating to the Contest; [(iii)
Sponsor’s Terms of Useand Privacy Policy(iv) and
(vi) any other applicable terms and conditions
promulgated by the Sponsor Entities (as defined below); and


(b) to release and
hold Sponsor and its affiliates, and their respective agents, employees,
officers, directors, successors and assigns, and any suppliers, licensors,
donors, sponsors, operators, service providers, vendors, marketing partners and
other affiliated parties in connection with the Contest (collectively, the “Sponsor
Entities”) harmless against any and all claims, injury or damage arising
out of or relating to participation in the Contest and/or use or misuse or
redemption of any Prize (as defined herein), including, 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 action.
Further, Sponsor shall not be responsible for errors, omissions, interruptions,
deletions, defects (in part or in whole), delays in operations, transmissions,
theft, or destruction or unauthorized access to or alternations of any entry
correspondence, transmissions or other materials in connection with the Contest.
Any attempted submissions or entries in connection with the Contest that are
lost, late, misdirected, incorrect, garbled, or incompletely received, for any
reason, including, by reason of platform, hardware, software, browser, or
network failure, malfunction, congestion, or incompatibility on any servers or
otherwise shall not be counted or eligible for the Contest, as determined by
Sponsor, in its sole and absolute
discretion.


7.  Prize
Winner SELECTION AND Notification
:





7.1  Prize Winner Selection. Subject to the terms and conditions
set forth in these Official Rules, there shallbe 1 randomly selected
from among all qualifying Entrants on or about 3 days
after the conclusion of the Contest
Period (the “Prize Winner”).


7.2  Prize Winner Notification. Sponsor
and/or its designees shall thereafter attempt to contact the potential Prize
Winners using email (no messages will be left on answering machines
or voicemail systems). If a potential Prize Winner
cannot be contacted or does not respond (within 24 hours of attempted
notification) and/or return two copies of the completed Contest Documentation
(as defined herein), within 24 HOURS days 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 9] below.


8.  Prize
Winner Verification
: Upon the request of
Sponsor, the potential Prize Winners must sign and return the following
documents in order to be eligible to receive a Prize: (i) an affidavit of
eligibility; (ii) a publicity/liability release granting the right to use each
potential Prize Winner’s name and likeness for advertising, marketing and
publicity purposes; and (iii) 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 Contest 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 “Contest
Documentation”). By entering into the Contest, each Entrant agrees to promptly
sign and return all of the Contest Documentation in accordance with the
requirements, criteria, parameters and timing described herein or otherwise
designated by Sponsor. [The Prize Winner’s guest shall also be required to sign
and return any releases, licenses, affidavits, waivers and other documents as
may be designated by Sponsor.]


9.  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 Contest 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 taxes, 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, the value of the Prize shall be taxable to the potential Prize Winner as income. 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 the winner of any Prize 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 Contest, 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


10.  Prize
DESCRIPTION AND CONDITIONS
:
Subject to all of the terms set
forth in these Official Rules, the prize for the Contest is 2x tickets
to the Chappy Pride Party and a 30 minute meet and greet with Barrett Pall in
advance of the Chappy party which shall be held at Spring Place NYC on 19 June
2018 (the “Grand Prize”).







(A)  GRAND PRIZE: The
Grand Prize includes 2x tickets to the Chappy Pride Party which shall be held
at Spring Place NYC on 19 June 2018.


11.  SUBMISSIONS/POSTINGS; Restrictions; License:


(a) In order to
promote, market and publicize the Contest, 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 Contest, including each Entrant’s name (and
likenesses), user names, biographical information and any other personal
information together with each Submission (collectively, “Submissions/Postings”).
By way of example and by no means limitation, the Postings/Submissions 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”).


(b) 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/Submissions 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.



(c) 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/Submissions, and must be free and clear of any liens
or claims with respect to the use of the Postings/Submissions, 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.



(d) All Entrants agreethat any and all Postings/Submissions
made during the Contest Period or in connection with the Contest 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 Contest 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.



12.  General Terms:The
Contest 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 Contest 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 Contest. If these
Official Rules conflict with or otherwise differ from any promotional or other
materials published OR MADE AVAILABLE in connection with the CONTEST, these
Official Rules shall control. The section h
eadings 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
PRIZE WINNER’S GUESTOR ANY BEHAVIOR
BY A PRIZE WINNER AND/OR PRIZE WINNER’S GUEST THAT SHALLBRING SUCH PRIZE WINNER, GUEST OR SPONSOR INTO
DISREPUTE (IN THE SPONSOR’S SOLE AND ABSOLUTE DISCRETION) SHALLRESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS
A PRIZE WINNER FROM THE CONTEST 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 Contest, including, mechanical, human, printing,
distribution or production errors, and may modify or cancel the Contest for any
reason or no reason in its sole and
absolute discretion without liability or obligation. 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 Contest or by any human error which may occur in the processing of the Postings/Submissions,
Eligible Entries, memberships, registrations or other correspondence or
transmissions in connection with the Contest. 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 e-mail or players on account of technical problems
or traffic congestion or otherwise on the Internet or at 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 Contest. Sponsor is not responsible for any typographical
or other error in the printing of any materials, administration of the Contest,
or in the announcement of the Prize Winner[s].
If, for any reason, any functionality or other aspect of the Contest 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 Contest, 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 Contest. 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 shallresult 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 Contest; 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 Contest, including, on any entries
or legal documents submitted in connection with the Contest 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 Contest.


CAUTION: ANY ATTEMPT
BY ANY INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST
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 the Contest,
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 Contest 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 fact or in law, relative to the Prizes.


13.  Disputes/Governing
Law
:
Except where
prohibited, as a condition of participating in the Contest, 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 Contest, or the Prizes
awarded, or the determination of the Prize Winners 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 Contest), and each Entrant [(or
the Entrant's parent/legal guardian, if the Entrant is a minor in his/her state
of legal residence)] further waives all rights to have damages multiplied or
increased. All issues and questions, rights and obligations of each Entrant in
connection with the Contest shall be governed by, and construed in accordance
with, the laws of the State of New York, 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 New York, County of New
York. 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 Contest.


14.  PRIVACY: By entering the Contest, and subject to the terms and conditions set
forth in these Official Rules, each Entrant agrees to Sponsor’s use of their
personal information, as described in Chappy’s Privacy Policy, located at chappyapp.com/app/privacy/ and otherwise accordance with Sponsor’s applicable policies.





15.  PRIZE WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the Prize Winner(s) names, send a
separate, stamped, self-addressed envelope to: GEORGIE COUPE, CHAPPY, SUITE
505, 611 BROADWAY NEW YORK 20012Vermont residents may omit return postage. Requests received 60 days
afterthe conclusion of the Contest Period shall not be honored.


16.  SPONSOR:The Contest is sponsored by Chappy, Inc.(“Sponsor”).
The Contest is in no way authorized, sponsored, endorsed, approved, or administered
by, or in association with Facebook, Twitter, Instagram or any other social
network or any of their respective affiliates. Each Entrant releases the
foregoing entities from any and all claims and damages arising out of or in
connection with the Contest. Any questions, comments or complaints regarding
the Contest are to be directed to Sponsor, at the address above, not the
foregoing entities.