THESE OFFICIAL RULES ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE AND LICENSE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES.
VOID WHERE PROHIBITED. THIS PROMOTION DOES NOT ESTABLISH A CONSUMER RELATIONSHIP BETWEEN THE SPONSOR AND THE ENTRANT.
1. Promotion and Sponsor. Participation in the Tinder All of a Kind Contest promotion (the “Promotion”) constitutes Entrant’s (as defined below) full and unconditional agreement to these Official Rules. Entrant is free to disclaim the prize and status as Entrant, and as a result will not be eligible to receive any prize. The Promotion is sponsored by MTCH India Services Private Limited, Level 12, Two Horizon Centre, Golf Course Road, DLF Phase-5, Sector 43, Gurugram, Haryana 122002, India (“Sponsor”), and administered by Sociowash Media Private Limited, E-40/7, Second Floor, Okhla Industrial Area Phase II, New Delhi, Delhi 110020, India (“Administrator”). All decisions related to and interpretation of these Official Rules by Sponsor and Administrator are final and binding. While this Promotion may be publicized on social media websites, such websites are not affiliated with Sponsor, Administrator or this Promotion. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, TikTok or any other third-party website or application that might host content where information about this Promotion is published (collectively “Content Hosts”). Entrant is providing information only to Sponsor and Administrator, and not to Content Hosts.
2. Promotion Period. The Promotion begins at 17.00pm IST on 27 March 2022, and ends at 11:59 p.m. IST on 9 April 2022 (the “Promotion Period”). Only entries submitted and received during the Promotion Period will be accepted. Administrator is the official timekeeper of this Promotion.
3. Eligibility. The Promotion is open only to individuals that are legal residents of India, age 18 or older, who are registered online at www.allofakind.in (the “Registration Site”), and who make and complete a commitment to contribute to Crea, a feminist international human rights organisation based in India (“Crea”) through the Registration Site. Employees or agents of Sponsor, Administrator, or their respective parent or affiliate companies, vendors, suppliers, agencies, consultants, subcontractors or legal counsel, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee or agent, are not eligible. Legal entities are not eligible to enter. Eligibility is contingent upon agreement to, compliance with, and fulfillment of all requirements of these Official Rules.
4. How to Enter. There is one (1) method of entry. By participating in the Promotion in any way you will become an “Entrant.” Each Entrant who enters using the below method of entry will receive one (1) entry in the Promotion. Limit one (1) eligible entry per person.
Online Entry: During the Promotion Period, you will automatically become an Entrant and receive one (1) entry in the Promotion by completing and submitting the Promotion entry form through the Registration Site. The Promotion entry form requires, without limitation, your selection of one (1) of the ten (10) available prizes (described in Section 6 below) and your response to the question, “What does identity mean to you?” (the “Promotion Prompt”).
Entries must not contain any lewd, vulgar, indecent, defamatory, discriminatory, obscene, offensive or illegal conduct or material. Entries must not invade or infringe the rights of any individual or entity, including without limitation, privacy, publicity and intellectual property rights. Entries must not contain any email addresses, domain names or URL links, phone numbers, physical addresses or other forms of contact or personal information. Any entry that does not comply with these Official Rules will be deemed ineligible and may be deleted at the sole discretion of Sponsor.
In conducting the Promotion, Sponsor does not intend to promote the sale, use or supply of its products or services. Sponsor is providing added value through this Promotion in order to create a better customer experience.
5. Conditions of Entry. Entries not legitimately submitted in accordance with these Official Rules are void. Only qualified entries received by Administrator during the Promotion Period are eligible for participation. Entrants may be required to provide the following information to be eligible for a Promotion prize: first, middle and last name, month, day and year of birth, email address, complete mailing address and phone number (collectively, “Personal Information”). All requested Personal Information must be provided to participate in the Promotion and to be eligible to win a prize. Unintelligible entries; entries with incomplete, invalid or incorrect information; and entries that are counterfeit or tampered with in any way will be disqualified. Entries that are late, lost, damaged, misdirected, stolen or not delivered will be disqualified. Sponsor and Administrator are not responsible if a potential winner does not receive a prize because incomplete, invalid or incorrect information was provided during the Promotion. Proof of sent entry or entry receipt (such as a screenshot) does not constitute proof of actual receipt of entry by Administrator.
Participation must be by Entrant. Participation by any other individual or entity, or originating at any other website, including without limitation, commercial promotion entering and subscription notification service sites, is invalid and will be disqualified. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple email addresses, phone numbers, identities, registrations or logins; entries through a sweepstakes club or similar entity; or any other unauthorized method of entry will void all of Entrant’s entries and Entrant will be disqualified from the entire Promotion. Submitting mass entries or entries generated by an automated program, script or macro, or the use of any other similar device, program or method to enter this Promotion is prohibited and will result in disqualification.
In the event of a dispute as to the identity of Entrant, the authorized account holder of the email address submitted through the Registration Site will be deemed to be Entrant. A potential winner may be required to show proof of being the authorized account holder. The “authorized account holder” of an email address is the natural person assigned to that email address by any organization responsible for assigning accounts to that email address. If the identity of the individual who actually participated in the Promotion cannot be resolved to Sponsor’s satisfaction, the affected individual’s entry will be deemed ineligible.
Sponsor may, in its sole discretion, disqualify any individual it finds to be in violation of these Official Rules, tampering with the Registration Site, the entry process or the operation of the Promotion, or acting in a non-sportsmanlike or disruptive manner. Any attempt to undermine the operation of the Promotion may be a violation of criminal or civil law, and Sponsor and Administrator may seek damages to the fullest extent permitted by law from any person it finds to have made such an attempt.
6. Prize. There are ten (10) prizes available to be won. Each Promotion winner will receive only one (1) prize. Approximate retail value of each prize is INR 60,000/- (Rupees Sixty Thousand Only). Each prize consists of one (1) pair of customized FILA® sneakers.
Actual value of prize may vary. Taxes and other personal charges not specifically described as part of the prizes above are not included in the prizes. No compensation or substitution will be provided for any difference in prize value. Sponsor and Administrator are not responsible for any cancellations, delays, postponements, diversions, substitutions, changes in service or any other act, omission, or result thereof, caused by any third party. Each prize must be accepted as awarded without substitution and is not, in whole or in part, assignable, transferable or available for resale. Prizes have no cash surrender value, except where required by law. Sponsor and Administrator have made no warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize. This includes, without limitation, any warranty, representation or guarantee regarding any prize’s quality or fitness for a particular purpose. Prizes are subject to availability and Sponsor may substitute a prize with another prize of equal or greater value if the prize is not available for any reason, as determined in Sponsor’s sole discretion. Other prize substitution options are available where required by law.
Any prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. If any potential winner is disqualified, not eligible (including without limitation, if the potential prize winner fails to satisfy the eligibility requirement of completing a contribution to Crea, or for any other reason cannot accept the prize as stated, then Sponsor may select a new potential winner from the remaining pool of eligible Entrants using the Criteria (as defined below). Where legal, the winner may be required to submit, without alteration and in the form provided by Administrator, a completed and signed Affidavit of Eligibility and Liability & Publicity Release (the “Release”) within the required time period communicated in the Release to be eligible to receive a prize.
Only the number of each prize set forth in these Official Rules will be awarded. In the event that any error or discrepancy causes more than the stated number of prizes as set forth in these Official Rules to be promoted, noticed or claimed, Sponsor may award only the stated number of prizes by applying the Criteria to all legitimate, unawarded, eligible prize claims.
7. Winner Determination and Verification. The process leading to the selection of each potential prize winner is within the sole discretion of Sponsor. All eligible entries received by Administrator during the Promotion Period will be divided into ten (10) judging pools based on the prize selected on the Promotion entry form, with entries designating the same prize pooled together (each, a “Judging Pool”). On or about 11 April 2022, one (1) potential winner will be selected from each Judging Pool. Each potential winner will be chosen by a panel of three (3) judges who are Tinder marketing professionals based on the following judging criteria applied to each Entrant’s entry: Originality (80%); Creativity (20%) (together, the “Criteria”). Within each Judging Pool, the Entrant with the highest combined score on the Criteria will be selected as the potential winner. In the event of a tie, the Entrant committing to the higher value contribution to Crea will be selected as the potential winner.
Potential winners are each subject to eligibility verification by Sponsor on an ongoing basis. An Entrant is not a winner of any prize, even if notified of being a potential winner, unless and until Entrant’s eligibility is verified to Sponsor’s satisfaction, including without limitation, satisfaction of the eligibility requirement of completing a contribution to Crea. To be verified as eligible to receive a prize, each potential winner must fulfill all requirements and continue to comply with all terms and conditions of these Official Rules, and not be disqualified for any reason. Each potential winner will be notified by email or phone (subject to Administrator’s discretion). If a potential winner cannot be contacted using the information provided, or fails to respond to Administrator’s attempt to notify them of selection within three (3) business days; if any prize or notification is returned as undeliverable or yields an error or undeliverable message (regardless of whether the message is ultimately delivered to the recipient); if a potential winner fails to sign and return the Release or any other required documentation, fails to complete the committed contribution to Crea as indicated on the Promotion registration materials, or fails to comply with these Official Rules; if a potential winner is unable or unwilling to accept the prize as stated; or if a potential winner cannot be verified as eligible for any reason at any time before, during or after the Promotion Period, then that potential winner is disqualified and forfeits the prize, and an alternate potential winner will be selected from among the remaining eligible entries in the applicable Judging Pool based on the Criteria.
In the event that an Entrant or potential winner is not eligible, disqualified or fails to claim a prize for any reason, the process set forth above will be repeated until all prizes are awarded, or until three (3) attempts have been made to award each prize and each attempt has failed.
8. Limitations of Liability. By entering or participating in this Promotion, each Entrant agrees to indemnify, defend (regardless of ultimate liability), and hold harmless, and thereby does release and discharge Sponsor, Administrator and Content Hosts, and each of their respective parent and affiliate companies, vendors, suppliers, agencies, consultants, subcontractors and legal counsel, and each of their respective parent companies and each such company’s officers, directors, employees and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such individual (collectively, the “Released Parties”) from and against all loss, liability, damage, injury, claim or cause of action related in any way whatsoever to this Promotion, these Official Rules, or the rights, consents and licenses granted to Sponsor or Administrator under these Official Rules, including without limitation, violation of any agreement or obligation; infringement of any right of publicity or intellectual property; threatened or actual injury, loss or damage to any person, including death and disability; defamation or portrayal in a false light (intentional and unintentional); invasion of privacy; and damage to or loss of property, arising out of such Entrant’s participation in the Promotion or receipt or use of any prize. To the maximum extent allowed by law, in no event will Released Parties be responsible for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of this Promotion. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. Check local laws for restrictions regarding these limitations or exclusions. THIS SECTION DOES NOT APPLY TO PERSONAL INJURIES, DEATH, DAMAGES OR LOSS CAUSED BY THE RELEASED PARTIES’ INTENTIONAL OR GROSS NEGLIGENCE, OR FRAUDULENT MISREPRESENTATION.
Entrants waive any right to claim ambiguity in these Official Rules. The Released Parties are not responsible for: (a) technical failures of any kind; (b) incorrect information, whether caused by Entrants, any internet or email service provider, any promotional or advertising agency, printing or computing errors, or by any of the equipment or programming associated with the Promotion; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error that may occur in the administration of the Promotion, the processing of entries or the announcement of any potential winner or prize; (e) any injury or damage to persons or property, including without limitation, computers, phones and tablets, that may be caused, directly or indirectly, in whole or in part, by Entrant’s participation in the Promotion or access to the Promotion materials; (f) the receipt or use of any prize; or (g) any other errors in any materials, information or announcements associated with the Promotion. If for any reason an Entrant’s entry is confirmed by Sponsor or Administrator to have been erroneously deleted, lost or otherwise destroyed or corrupted by Sponsor or Administrator, Entrant’s sole remedy is another entry in the Promotion, subject to availability and provided that the Promotion Period has not then expired.
9. LICENSE FROM ENTRANT. To the extent allowed by law, participation in the Promotion in any way constitutes each Entrant’s consent for, and grant of a non-exclusive, sub-licensable and assignable license to Sponsor to record, publish, post, display and otherwise exploit such Entrant’s name, social media handles, likeness, image, voice, aural and visual performance (together or independently), statements and hometown, regardless of whether altered, distorted or used alone or with other material, in Sponsor’s sole discretion, for commercial, promotional, marketing and trade purposes in any medium now known or later discovered, worldwide and in perpetuity, without review or approval, and without further notice, payment or consideration of any kind.
All rights, consents and licenses granted to Sponsor or Administrator under these Official Rules or the Release will survive the termination of this Promotion. Such consents and licenses may only be revoked in writing, and the mere ending of this Promotion is not sufficient to revoke such consents or licenses.
10. Right to Modify or Cancel. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event any provision is found invalid or unenforceable, these Official Rules will otherwise remain in effect in accordance with their terms as if the invalid or unenforceable provision was never included. Sponsor’s or Administrator’s failure to enforce any provision of these Official Rules does not constitute a waiver of that provision.
To the extent permitted by law, Sponsor may cancel, suspend or modify the Promotion or any part of it, in any way, if Sponsor determines in its sole discretion that the Promotion is not capable of executing as Sponsor intended, or that any error, omission, fraud, technical failure, tampering, computer virus or other factor, technical or otherwise, beyond Sponsor’s and Administrator’s reasonable control, impairs or may impair Sponsor’s or Administrator’s ability to properly conduct the Promotion. In such event, Sponsor may, but is not obligated to, award any applicable prize by using the Criteria to select a winner from among the eligible entries received for the applicable Judging Pool up to the time of the cancellation, suspension or modification of the Promotion. Inclusion in such process is Entrant’s exclusive remedy under such circumstances.
In the event of an inconsistency between these Official Rules and any information contained in any Promotion-related materials, including without limitation, a Promotion entry form or any point-of-sale, radio, television, print or online advertising, these Official Rules will prevail and govern.
11. Disputes; CLASS ACTION WAIVER. Except where prohibited by law, Entrant agrees that: (a) all disputes, claims and causes of action arising out of or connected with this Promotion will be resolved individually, without resort to any form of class action; (b) Entrant shall refer any dispute, claim or cause of action arising out of or connected with this Promotion to arbitration administered by the Singapore International Arbitration Centre for final resolution in accordance with the then-current Arbitration Rules of the Singapore International Arbitration Centre (the Tribunal will consist of three arbitrators, the seat of the arbitration will be India, and the language of the arbitration will be English); and (3) all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees. The Promotion and these Official Rules are governed by and will be construed in accordance with the laws of India, without giving effect to any choice of law or conflict of laws rules that would cause the application of the laws of any other jurisdiction.