Terms & Conditions: iPhone 12 Pro Giveaway

“PlayAttack Affiliates iPhone 12 Pro Giveaway” FREE DRAW TERMS AND CONDITIONS (the “Terms”)

FOR PARTICIPATION IN “PlayAttack Affiliates iPhone 12 Pro Giveaway” FREE DRAW "YOU", THE “PARTICIPANT” WILL BE REQUIRED TO AGREE TO THESE TERMS AND CONDITIONS.

“PlayAttack Affiliates iPhone 12 Pro Giveaway” Free Draw ("Free Draw") is a free promotional draw organized by PlayAttack Limited for increasing awareness of social media accounts of PlayAttack Limited among adult citizens of the countries that are members of the European Union ("Countries").

Free Draw is not a lottery, and the participants are not required to pay to enter.

FREE DRAW PERIOD

The Free Draw Period begins at 15:00 CET on 10.05.2021 and ends at 23:59 CET on 10.06.2021.

PARTICIPANT

1. 1. The Free Draw is open for participation to Instagram users who:
    1. are at least eighteen (18) years of age;
    2. are citizens of the Countries and reside in the Countries;
    3. are not employees, officers, representatives of PlayAttack Limited, contractors of PlayAttack Limited, persons who are related to or affiliated with PlayAttack Limited and their family members;
    4. fulfill other additional requirements with respect to the Free Draw. PlayAttack Limited can set additional requirements with respect to the eligibility for the Free Draw, inter alia, requirements regarding the number of posts on the Instagram account of a participant, the number of followers on the Instagram account of a participant, etc. The additional requirements will be mentioned by PlayAttack Limited in the relevant post on Instagram announcing the Free Draw.
  2. The Participant shall be legally able to execute any official agreement.

VERIFICATION

1. 1. PlayAttack Limited has the right to verify whether you comply with the conditions for the Participant.
  2. For verification of age, citizenship, and residence of the person, PlayAttack Limited at its own discretion could request certain verification documents (such as a passport, ID card or utility bill).
  3. In case where a Participant refuses to provide their documents, PlayAttack Limited does not consider this person as a Participant, and these Terms are not applicable for such a relationship.

HOW TO ENTER

1. 1. For you to be able to participate in the Free Draw you need to satisfy the following criteria:
    1. Follow the Instagram account @play_attack throughout all Free Draw Period as indicated above;
    2. Like the Free Draw promotion post;
    3. Leave a comment under the Free Draw promotion post, namely tag one friend that loves affiliate marketing and enjoys a good casino experience. The person can leave only one comment, the rest of their comments will not qualify for the Free Draw. The person can only tag a friend who is over 18 years old and does not have a problem with gambling.
    4. Share this post to your story and tag @play_attack;
    5. Content shall not include any alcohol, drugs, religious, and illegal activity.
    6. Content shall not include any photo, video, and any other materials that can be attractive predominantly for children.
  2. By publishing Content, you agree to these Terms.
  3. In case of Content published by any person who is not able to be Participant according to these Terms, PlayAttack Limited does not consider this person as a Participant, and these Terms are not applicable for such a relationship.
  4. Any Content that violates any active applicable legislation and/or these Terms shall be deemed to be disqualified without any permission and notification to the Participant.

Participant needs to have a registered account with Instagram.
Participant’s Instagram account shall not be "private" during the aforementioned Free Draw Period.

1. INTELLECTUAL PROPERTY RIGHTS
  1. By publishing the Content, you hereby grant to PlayAttack Limited a worldwide, non-exclusive, irrevocable, non-transferable, and royalty-free right to set up, reproduce, use, modify, and publicly display the Content solely to promote the Free Draw.

FREE DRAW DATE

1. 1. The Free Draw of the Prize will take place on 11.06.2021. (the “Free Draw Date”)

WINNER

1. 1. The Free Draw will have 1 (one) winner (“Winner”).
  2. The Winner of the Free Draw will be chosen amongst all Participants that published their Content until the Free Draw Date.
  3. The Winner shall be randomly chosen via random.org on the Free Draw Date.
  4. The screenshot of the Free Draw whereby the Winner shall be chosen via random.org will be published on the Instagram account @play_attack no later than 1 (one) business day after the Free Draw Date.

PRIZE

1. 1. The Winner will be awarded the IPHONE 12 PRO (256 gb) color: Graphite (the "Prize").
  2. PlayAttack Limited has a right at its sole discretion to choose a seller and/or supplier and/or delivery service of the Prize.
  3. PlayAttack Limited may substitute the Prize without any permission or notification made to Participant. PlayAttack Limited accepts no responsibility or liability for cancellation or substitution of the Prize.
  4. The Prize shall not substituted for money.
  5. In order to deliver the Prize to the Winner, PlayAttack Limited shall request from the Winner the full, valid, updated contact information of the Winner. The Winner shall provide information allowing PlayAttack Limited to deliver the Prize. The list of necessary information and documents will be sent to the winner. If the winner does not provide PlayAttack Limited with necessary information and documents within 10 (ten) business days of being notified by PlayAttack Limited, it will automatically be considered as the Winner’s waiver to obtain the Prize. In this case, the Winner has no right to demand a Prize from PlayAttack Limited or any monetary compensation.
  6. PlayAttack Limited has to provide the Winner with the Prize within 20 (twenty) business days after specifying the Winner's necessary identifying and/or delivery and/or payment information. If PlayAttack Limited engages any third party to deliver the Prize, the time of delivering could be extended with the necessary notification the Winner about the reasons for such extension.
  7. Acceptance of the Prize constitutes permission to use the Winner's name and/or likeness for advertising purposes without further notice and compensation unless prohibited by law.
  8. The Prize is not exchangeable.

LIMITATIONS

1. 1. Each Participant has an equal chance of winning despite the numbers of published posts with the Content.

WARRANTY

1. 1. The Participant acknowledges that he/she is at least eighteen (18) years.
  2. The Participant certifies that the Content is his/her original work and does not infringe any rights held by a third party. The Participant acknowledges that he/she is not prohibited from using the PlayAttack Limited services due to any other prohibitions.
  3. The Participant acknowledges that he/she understands these Terms of the Free Draw.

PRIVACY & PERSONAL INFORMATION

1. By publishing the Content, the Participant grants the right for PlayAttack Limited to collect and process personal information to the following extent and purposes:

the nickname and username of the Instagram account of the Participant for administering the Free Draw;
copy of the any verification document (passport, ID card or utility bill) of a person for verification of their age, citizenship and the residence of the Participant;
name, surname, and details of the bank account of the winner for transferring monetary prizes (should the Prize be money);
name, surname, and the delivery address of the winner for the delivery of the goods, should the Prize be goods.

PlayAttack Limited has the right to mention and publish the following information of the Winner: full name, nickname, and profile photo of the Winner's Instagram account. This information can be mentioned and published on the accounts of PlayAttack Limited on social media for promotional purposes only.
PlayAttack Limited shall not sell, share or otherwise disclose personal information of Participants with third parties, other than when any such disclosure is required by the applicable legislation and/or for transferring the Prize to the Winner.
The Participant has the right to request the erasure all of the data collected by PlayAttack Limited in relation to the Participant. Request for personal data erasure shall be sent via message to Instagram account @play_attack.
By removing the data before the Free Draw Date, the Participant agrees to be excluded from the Free Draw.

LIABILITY

1. PlayAttack Limited has the right to refuse from awarding the Prize to the Winner or to cancel awarding a Prize to the Winner if:

1. the Winner commits fraudulent actions and violates or circumvents these Terms or additional participation requirements set out in the relevant post on Instagram promoting the Free Draw;

the Winner has not complied with these Terms or the additional participation requirements set in the relevant post on Instagram promoting the Free Draw, or in particular, has not provided the necessary documents or information as per requested by PlayAttack Limited;

the Winner has not answered messages by PlayAttack Limited within 3 (three) days or has deleted the Instagram account;

the Winner has not fulfilled these Terms, without limitation, has not provided PlayAttack Limited with the documents or information necessary for awarding the Prize during the term set by these Terms.

PlayAttack Limited shall not be held responsible for the safety and quality of the Prize which was not manufactured by y PlayAttack Limited. All claims regarding the quality and safety of the Prize shall be addressed to the respective manufacturers.
PlayAttack Limited shall not held responsible if the Prize cannot be delivered to the Winner for reasons beyond PlayAttack Limited's control, including, but not limited to cases when the Winner refused to provide identifying and/or delivery and/or payment information. In this case, the Winner has no right to claim the Prize from PlayAttack Limited.
PlayAttack Limited shall not be liable for a failure to fulfill its obligations under these Terms if such failure happens due to circumstances beyond the control of PlayAttack Limited. Such circumstances include, but not limited to, weather conditions, fire, flood, hurricane, strike, labour conflict, war, hostilities, political unrest, uprisings, restrictions, quarantine, or prohibitions established by law or other circumstances related to force majeure.
To the maximum extent permitted by law, PlayAttack Limited, its affiliates, and their respective shareholders, investors, beneficial owners, directors, officers, employees, affiliates, agents, representatives, licensors, service providers under no circumstances will not be liable or obliged to reimburse the Participant or the winner or accept responsibility for any loss, damage, injury resulting from:
1. the participation in the Free Draw;
2. the Participant's inability to take part in the Free Draw due to a technical malfunction (malfunction of computer or software, network or server failure, etc.);
3. receiving and exploiting the Prize by the Winner.

TAXATION

1. 1. Unless otherwise required by law, the Winner shall be solely responsible for declaring and paying taxes, which may arise due to obtaining the Prize, and shall perform all necessary tax obligations if required by law.
  2. To the extent allowed by law, the Winner undertakes to indemnify and hold harmless PlayAttack Limited and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers from and against any claims, complaints, liabilities, damages, charges, losses, costs and expenses, including without limitation, reasonable attorney's fees and costs due to, arising out of or in any way connected with winner’s failure to execute all necessary tax obligations.

MISCELLANEOUS

1. By removing the Content within the Free Draw Period, the Participant agrees to be excluded from the Free Draw Participants.
2. The Terms of Free Draw can unilaterally be changed by PlayAttack Limited at its own discretion without any acceptance and notification to the Participant.
3. The Free Draw is not sponsored, administered or endorsed by Apple and/or Instagram.
4. To the extent permitted by law, these Terms shall be construed and governed by the laws of Malta. All disputes related to the conclusion, performance, interpretation, validity of these Terms, and/or their provisions to be resolved by the appropriate courts of Malta.
5. The Free Draw which shall be held in accordance with these Terms shall under no circumstances be construed as a lottery or gambling activity.
6. Any questions, comments, or complaints regarding the Free Draw to be directed via message to the Instagram account @play_attack.
7. Any Participant who meets the conditions of a "vulnerable person" (any person who is known to have a gambling problem, any person whose social circumstances may make him or her more susceptible to problem gambling, or any person who, by virtue of a defect in the capacity of will and understanding, is rendered more susceptible to problem gambling, and this shall include players who are undergoing a period of self-exclusion, persons who have been diagnosed by medical professionals as being pathological or otherwise problem gamblers, persons who are currently seeking treatment for problem gambling and persons under the influence of alcohol or drugs) cannot make any claims or complaints towards PlayAttack Limited regarding the Free Draw.