Terms & Conditions for TikTok Challenge #Statue360 (Floodlight Cam 2 Pro)
NO PURCHASE IS NECESSARY TO ENTER THIS COMPETITION OR TO WIN OR CLAIM A PRIZE. ANY PURCHASES MADE WILL HAVE NO EFFECT ON AN ENTRANT’S CHANCES OF WINNING.
The sponsor of this Eufy Floodlights Cam 2 competition (the “Competition”) is [EUFY] (“Sponsor”) of [address] and is administered by We Are Social Consulting (Shanghai) Co Ltd of Room 2202, Trinity Tower, No. 575 Wusong Road, Hongkou District, Shanghai (“Administrator”).
By submitting an entry to this Competition, entrants agree to these rules (the “Official Rules”) and the decisions of the Sponsor and the Administrator, which are final, binding and not subject to appeal.
This Competition is in no way sponsored, endorsed or administered by, or associated with TikTok. TikTok is not responsible to entrants in respect of any aspect of this Competition. By entering this Competition, entrants hereby agree to release TikTok from any and all liability whatsoever (except for any liability which cannot be excluded by law).
The Competition is only open to legal residents in the 50 United States and the District of Columbia aged 18 or over by their date of entry. Employees of the Sponsor or Administrator, any third party engaged by the Sponsor or Administrator in connection with this Competition and all of their respective parent, affiliated and subsidiary entities and their directors, officers, employees and agents, and each of their respective parent, affiliated and subsidiaries entities (collectively, “Competition Entities”) and each of their immediate family members (e.g., parent, child, sibling, spouse and their respective spouses and their “steps”) and any persons living in the same household of each, whether or not related, are not not eligible to enter this Competition.
PRIZES AND ODDS OF WINNING
The Prizes associated with these Competition are:
- 15x Eufy Floodlight Camera Pro 2 (1x Prize per winner)
The approximate retail value of each Prize is US$250 (all Prizes = US$3,750)
The odds of winning a Prize are entirely dependent upon the number of eligible entries received.
The Prizes carry no cash value, are non-transferable and may not be substituted by any Winner. The Sponsor/Administrator reserves their right to substitute the Prizes with prizes of equal or greater value than such Prizes in case of unavailability or force majeure in the sole discretion of the Sponsor/Administrator.
THE COMPETITION AND HOW TO ENTER
The Competition begins at 08:00 AM EDT on 20 August 2021 and closes at 23:59 PM EDT on 31 August 2021 (“Entry Period”).
In order to enter the Competition, entrants must create and upload their own Statue360 video on TikTok as directed in social posts referencing this Competition made by social media accounts associated with the brand “Eufy” or third parties engaged by Eufy, using the hashtag #Statue360 and tagging @EufySecurity. All entries to the Competition must be made and received by the Sponsor/Administrator during the Entry Period. Any entries made or received by the Sponsor/Administrator after the Entry Period will be void. It is acknowledged by entrants that it may not be possible for the Sponsor/Administrator to see entries made should certain privacy settings apply to social media accounts. Any entries made that the Sponsor/Administrator cannot see will be void.
Entrants must have a valid TikTok account in order to enter the Competition. TikTok accounts are free to create at www.tiktok.com. Any entries submitted via any other means will not be accepted. Entrants confirm that their TikTok account does not contain material that is (a) obscene, defamatory, offensive, embarrassing, violent, harassing, threatening, false, illegal or misleading; (b) may cause alarm, upset or distress; or (c) is otherwise unlawful. Internet access is required.
Entrants are limited to one entry per person.
The potential Winners will be selected by the Sponsor on the basis of the creativity displayed in the entry (with the entrants submitting the 15x most creative entries in the opinion of the Sponsor being the potential Winners).
The potential Winners will be announced on or around 3 September 2021 in a post on the @EufySecurity TikTok channel and will subsequently be notified by the Administrator via a direct message on TikTok. IT IS ACKNOWLEDGED THAT EVEN IF DESCRIBED AS WINNERS IN THE AFOREMENTIONED POST, THE POTENTIAL WINNER AND THEIR ENTRY WILL STILL NEED TO BE VERIFIED IN ACCORDANCE WITH THESE OFFICIAL RULES IN ORDER FOR THE POTENTIAL WINNER TO BE NAMED A WINNER AND BE AWARDED A PRIZE.
The Sponsor is not responsible should the privacy settings chosen by an entrant make it impossible for the Administrator to notify the potential Winner in the manner previously described or for any changes made by an entrant to their handle. If any potential Winner does not respond to the message sent to them by the Administrator within seven (7) days, or in the event that a potential Winner is not contactable, then the potential Winner will be disqualified BUT NO POTENTIAL WINNER WILL BE SELECTED IN THEIR PLACE.
Entries that are not made in accordance with the Official Rules will not be accepted. The Sponsor/Administrator reserves the right to disqualify any potential Winner that they believe not to be participating within the spirit of the Competition or suspect of participating in any unfair or unjust behaviour and to disqualify any entry which the Sponsor/Administrator believes is fraudulent. Furthermore, the Sponsor/Administrator reserves the right to disqualify any potential Winner or entry if they believe that the potential Winner or entry may bring the Sponsor/Administrator, either of their brands or the Competition into disrepute, if any entry contains any unacceptable content to the Sponsor/Administrator, or if they believe that, notwithstanding the potential winner’s acceptance of these Official Rules, a breach of these Official Rules has or is likely to have occurred. The Sponsor/Administrator reserve the right to use their discretion in all respects and to enforce any penalty or sanction they deem appropriate.
The Sponsor/Administrator reserves the right, at any time, to disqualify any entrant that has not complied with these Official Rules and to verify the eligibility of a potential Winner. Failure to provide any documentation reasonably requested in order to verify that a potential Winner has complied with these Official Rules and/or is eligible to be a potential Winner within 7 days of a request shall result in the potential Winner being disqualified. IN THIS SCENARIO, NO POTENTIAL WINNER WILL BE SELECTED IN THEIR PLACE.
Should there be a dispute over the identity of a potential Winner or actual Winner, the entry made will be deemed to have been submitted by the natural person who is assigned the email address or other identifier against which the relevant TikTok account has been registered.
By entering this Competition, entrants hereby grant the Sponsor a non-exclusive, worldwide, irrevocable, royalty free, fully paid, perpetual licence to use any entry submitted, and the name and TikTok handle of the entrant (collectively the “Licensed Material”), for promotional purposes in any media relating to the Competition and (if relevant) to name the entrant as a winner of this Competition in any media.
Entrants warrant that they (i) own and control all the Rights in and to the Licensed Material; (ii) have full right, power and authority to submit and grant a license to use the Licensed Material and to enter into this Competition; (iii) the licence to use the Licensed Material and the Sponsor’s use of the Licensed Material shall note: (A) violate, misappropriate or infringe upon the rights of any third parties, including but not limited to consents, property rights, privacy rights, publicity rights, copyrights, trademarks and/or other intellectual property rights, (B) be defamatory, libellous, obscene or otherwise offensive or be derogatory or damaging to the goodwill or reputation of third parties or of the Sponsor; or (C) be in breach of any statute or regulation or entitle any person, entity or body to institute proceedings against or claim any payment in connection with the use of the Licensed Material.
RELEASES AND LIMITATION AND EXCLUSION OF LIABILITY
By participating in the Competition, entrants agree to release and hold harmless the Sponsor, the Administrator and the Competition Entities (collectively the “Released Entities”) from (a) any loss or damage arising from or in connection with their entry to the Competition or with the acceptance, use or possession of the Prize (other than those warranties or conditions implied by statute and which cannot be excluded); (b) the accuracy or otherwise of any description or illustration of the Prize; (c) any loss, damage, non-availability or late receipt of the Prize or any communication associated with this Competition; and (d) any fees, charges, taxes or other costs which the Winner may be required to pay in connection with the Prize. The Released Entities further disclaim liability for, and entrants assume all risk of illness, injury, damage or loss suffered by the entrant or any other person relating to or resulting from participation in this Promotion or the acceptance, use or possession of the Prize. The Released Entities will not be liable for failure or delay in delivery or performance of their obligations under these Official in the event of any unforeseen cause beyond their control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure. The Released Entities are not responsible for any third party acts or omissions. Furthermore, entrants agree to: (a) waive any rights that they may have to claim that these Official Rules are ambiguous; (b) to waive any rights that they may have to bring a claim, action or proceeding against the Released Entities in connection with this Competition; and (c) to forever and irrevocably waive, release and hold harmless the Released Entities from any and all liabilities, damages, losses, costs, fees (including legal fees), and expenses in connection with any third-party legal proceeding (including action by a government authority) that may arise in connection with this Competition.
Furthermore, by participating in the Competition, entrants agree that the Released Entities are not responsible for, and therefore forever and irrevocably waive, release and hold harmless the Released Entities from any and all liabilities, damages, losses, costs, fees (including legal fees), and expenses in connection with: (a) any entries that are late, lost, damaged, incomplete, illegible, delayed or rendered invalid due to incorrect entrant data, lack of network coverage, system, software or hardware failure or for any other reason whatsoever; (b) technical or human failures or errors of any kind; any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or receipt or use or misuse of any prize; (c) any cancellation of this Promotion; or (d) if it not possible to award or deliver any prize due to circumstances beyond the control of the Released Entities..
NOTWITHSTANDING THE FOREGOING, ENTRANTS AGREE THAT NEITHER THE SPONSOR NOR THE ADMINISTRATOR MAKE ANY WARRANTY, GUARANTEE, REPRESENTATION (EXPRESS OR IMPLIED) INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT.
GOVERNING LAW AND DISPUTE RESOLUTION
As a condition of entry into this Competition, entrants agree that (i) any dispute, controversy or claim arising out of, relating to or in connection with these Official Rules or this Competition shall be resolved individually, without resort to any form of class action, exclusively by arbitration; (ii) any cause of action that entrants may have against the Released Entities shall be limited to the cost of entering and participating in this Competition and, in no event shall the Released Entities be liable for any form of legal cost, such as attorneys fees; and (iii) entrants expressly waive any rights that they may have to other forms of loss, including but not limited to consequential, indirect, incidental, special, punitive and exemplary damages as well as attorney’s fees for bringing such claim, cause of action or dispute.
The arbitral tribunal shall have the sole power to rule on any challenge to its own jurisdiction without any need to refer such matters first to a court and all issues regarding arbitrability shall be decided solely by the arbitral tribunal/but this provision is not intended to preclude judicial consideration of the jurisdictional question before, during or after the arbitration.
The place of arbitration shall be New York, USA.
These Official Rules and the Competition are governed by the law of New York.
For a winner’s list, please send a send a hand-printed, self-addressed, stamped
envelope to: “Eufy Floodlight Cam 2 Winner’s List” c/o, Room 2202, Trinity Tower, No. 575 Wusong Road, Hongkou District, Shanghai. All requests for a winner’s list must be received by 14 September 2021.