XYZ 4 Year Anniversary Giveaway
Contest Terms and Conditions (“Terms”)
NO PURCHASE IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.
SPONSOR/ADMINISTRATOR: Generation.XYZ LLC, 2800 Olympic Blvd., Suite 1, Santa Monica, CA 90404 (“Company”)
To be eligible to enter the XYZ 4 Year Anniversary Giveaway Contest (the “Contest”), you must be:
(a) above the age of majority in the country, state, province or jurisdiction of residence at the time of entry;
(b) a resident of the United States, except that residents of the following states are not eligible due to their states’ laws: Colorado, Maryland, Nebraska, New Jersey, North Dakota, Tennessee, and Vermont.
This Contest is void where prohibited by law.
The following are ineligible to participate in the Contest:
(a) employees of Company or its parent company, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Company through an outsourcer or temporary employment agency during the Contest Period (defined below), and their respective immediate family and persons living in their same household (as the case may be); and
(b) non-natural persons (including corporations and other business entities).
HOW TO ENTER:
No purchase is necessary to enter the Contest, nor will any purchase increase your chances. You may enter with either of the two methods below.
Step 1) Register a .xyz domain name
Step 2) Build a brand new website on that .xyz domain name.
Step 3) Tag, mention, comment or direct-message the @xyz Instagram account, the @xyz Facebook account, or the @xyz Twitter account linking to your domain name / website and clearly stating that the communication is your submission to the Contest. This must be done within the Contest Period (defined below).
To enter the Contest without registering a .xyz domain name, you may send a piece of paper with your name, email address, address, phone number, and date of birth to: XYZ 4 Year Anniversary Giveaway Contest, 2800 OLYMPIC BLVD., #100, SANTA MONICA, CA 90404. This must also contain a web address for a website created by the entrant. Each entry received this way will be considered equivalent to entering using Method 1 above. For your mail in entry to be eligible for the Contest, the website in the submission must have been placed online during the Contest Period and the submission must be actually received by Cars Marketing within the Contest Period.
OTHER ENTRY REQUIREMENTS
1) To be eligible, an Entrant must be the registrant of the submitted .xyz domain name and the owner of the Instagram Account submitting the Entry. (Method 1 only)
2) The domain name must be registered during the Contest Period (defined below) (Method 1 only).
3) The submitted website must be a brand-new website and cannot be an old website.
4) For method 1 only, the domain name must be registered at one of the following participating registrars:
b. 35 Technology Co., Ltd.
c. Baidu Cloud (Bizcn reseller)
e. Chengdu Fly
f. Chengdu West
g. CV. Rumahweb
j. Foshan YiDong
k. Hosting Ukraine
m. Mesh Digital (123-reg/Godaddy)
o. Paragon Names
q. Shanghai Meicheng
s. Xiamen ChinaSource
t. Xiamen Nawang
u. Zhengzhou Century
v. Zhengzhou Zitian
w. Beijing ZhongWan Network Technology Co Ltd
x. Xin Net
HOW TO WIN:
Four winners will chosen. The four winners will be the four eligible Entrants that submitted the four best websites. The winners will be selected by a panel of three internet professionals on the following criteria to determine the “best” website:
Criteria 1) Domain Name
a) Is the domain name short?
b) Is the domain name memorable?
c) Is the domain name brandable?
Criteria 2) Purpose
a) What is the purpose of the website, and does the design accomplish that goal?
b) Is the website suitable for the business’s industry?
c) Does the website match the target audience?
Criteria 3) Usability
a) Is the website easy to use?
b) Do the links and shortcuts help the user navigate the website?
c) Does the website thoroughly provide all necessary information?
Criteria 4) Content
a) Is the content readable?
b) Is the content useful?
c) Is the content concise?
d) Are there relevant social media links?
Criteria 5) Style
a) Does the website style match the business brand?
b) Is the style consistent throughout the website?
c) Does the style appeal to the target audience?
The three internet professionals judging the Contest are:
Each of the four winners will receive the following as their prize: (1) an iPad Pro (approx. retail value $590), (2) a $500 donation will be made to the Electronic Frontier Foundation by Company, (3) a shout out of your Instagram account, domain name and website on the @xyz Instagram account, the @xyz Facebook account, or the @xyz Twitter account.
SPECIAL NOTE: The $500 donation referenced above will be made by Generation.XYZ LLC or XYZ.COM LLC and will not be made in the name of the winners. Accordingly, the donation amount is NOT tax deductible for the winners.
The odds of winning a prize depend on the total number of complete entries received, how well your website meets the judging criteria, and how well other entered websites meet the judging criteria. No cash or other substitution of prizes is permitted, except at the sole option of Company for a prize of equal or greater value. Company will not replace any lost or stolen prizes. Winners are solely responsible for any and all national, federal, state, provincial and local taxes, if any, that apply to prizes. If a prize is mailed, the winner assumes the risk of the prize’s safe arrival. Prizes are offered “as is” with no written, express, or implied warranty.
Winners will be notified by e-mail (to the registrant address provided in the WHOIS information of the submitted domain name or the email in the mail submission) or Instagram within ten (10) business days of the close of the Contest Period, and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. Allow 6 to 8 weeks for delivery of prizes.
By submitting the Contest Entry, the Entrant shall be deemed to have read, understood, accepted and agree to be bound by these Terms and Conditions.
You understand that the outcome of the Contest, and Company’s decisions about the Contest shall be final. By submitting an entry, you agree to absolutely and completely comply with all laws, rules and regulations applicable to your participation in the Contest.
Submission of the Contest Entry does not guarantee the Entrant the opportunity to participate in the Contest. Company is entitled to reject or refuse participation by the Entrants for reasons, including (without limitation) where the Contest Entry is not complete or any provisions in the Terms and Conditions is not fulfilled or adhered to by the Entrant.
Company is not responsible for (i) late, lost, illegible, misdirected, damaged, incomplete, improperly submitted, undeliverable or otherwise irregular Contest entries; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
Any Contest entries (including any content therein) that are submitted, transmitted or otherwise made available to Company (via its website or otherwise) shall remain the sole and full responsibility of entrant. Accordingly, entrant represents and warrants to Company that any entry submitted in connection with the Contest:
(a) is true, accurate, current, complete and not misleading, fraudulent or deceptive;
(b) does not and will not violate any applicable state, federal or local laws (including regulations pertaining to sedition, obscenity or abuse);
(c) does not and will not violate the rights of any third party, including, without limitation, copyrights, trademark rights, patent, trade secret and/or any other intellectual property rights and any rights of publicity or rights of privacy;
(d) is not obscene, offensive, defamatory, and does not contain vulgar or profane language, as determined by Company; and
(e) will not subject Company to any form of liability or prejudice whatsoever.
Submission of an entry constitutes each entrant’s certification that the entry is entrant’s own original work. By submitting any entry, entrant hereby grants Company and its successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable license to use, copy, transmit or otherwise distribute, perform, modify, create derivative works based upon, incorporate into other works, publicly perform and display the entry or any portion thereof, in or through any medium, whether now known or hereafter created in any manner without further compensation during or after the Contest Period. Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Company.
In the event of any dispute, an online Contest entry is deemed submitted by the registered internet or e-mail account holder associated with such entry. In all other cases, the Contest entry is deemed submitted by the name indicated thereon. Satisfactory proof of association shall be furnished to Company without fail.
Except where prohibited, by participating in the Contest and/or winning any prize, entrant consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to entrant (if true) for advertising and promotional purposes, including without limitation, inclusion in Company’s social media accounts. See the section on “Personal Information”. All entries become property of Company and none will be acknowledged or returned.
The Contest will begin on 00:00:01 UTC 5/30/2018 and end on 23:59:59 UTC 7/31/2018 (the “Contest Period”).
Awards will be announced on within ten (10) days after the close of the Contest Period on the @xyz Instagram account. Winners will be contacted via social media or email prior to award announcement with more information. Entries submitted outside the Contest period will not be considered. Company reserves the right to vary, postpone or re-schedule the dates of the Contest or extend the Contest Period at its sole discretion.
GUIDELINES AND RESTRICTIONS:
Each entry must not contain: (i) material that violates or infringes upon another entities or individual’s rights, including but not limited to privacy or intellectual property rights. This includes any trademark, patent, or copyright infringement; (ii) material that promotes racism, hatred, discrimination, or harm against any individual or group; or (iii) material that is unlawful or in violation of applicable federal and state laws.
Company reserves the right, at any time, to verify the validity of claims and the eligibility of entrants (including an entrant’s identity, age and place of residence) and to disqualify any claimant who submits an entry that is not in accordance with the spirit of these Terms or who tampers with the entry process, or who fails to provide the required information to claim a Prize. Failure by Company to enforce any of its rights at any stage does not constitute a waiver of those rights. Company may refuse to award a prize to any person, for any reason, including any violation of these Rules. Company may disqualify, in its sole discretion, any Entrant, which Company believes has violated or failed to conform to these Rules.
THIRD PARTY WEBSITES:
Where a Contest involves access to or use of a third party website or service (“Third Party Website”), entrant understands and agrees that:
(a) Company has no control over the Third Party Website whatsoever;
(b) Entrant is solely and fully responsible for his dealings with the Third Party Website and is alone responsible for making whatever investigation he or she feels is needed or useful before commencement of dealings, and taking all precautions deemed necessary to protect himself or herself from viruses, worms, Trojan horses, malware and other harmful or destructive materials potentially residing on the Third Party Website; and
(c) Company disclaims all responsibility for any harm resulting from entrant’s access to or use of a Third Party Website.
Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to or alteration of entries, or any problem or technical malfunctions of any telephone network or line, computer online systems, servers, or providers, computer equipment, software, failure of any online Contest entry to be received on account of technical problems or traffic congestion on the Internet or at any website (including a Third Party Website), or any combination thereof, which may limit an entrant’s ability to participate in the Contest.
You acknowledge that the Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.
ANY ATTEMPT BY AN ENTRANT OR ANY THIRD PARTY TO CIRCUMVENT, TAMPER, DISRUPT OR DAMAGE THE CONTEST ENTRY PROCESS, COMPANY WEBSITE OR TELEPHONE SYSTEMS, DEFRAUD OR GAIN AN UNFAIR ADVANTAGE, ENGAGE IN UNSPORTSMANLIKE, DISRUPTIVE, ANNOYING, HARASSING OR THREATENING CONDUCT, OR OTHERWISE UNDERMINE THE FAIRNESS, INTEGRITY AND LEGITIMATE OPERATION OF THE CONTEST, WILL RESULT IN AUTOMATIC DISQUALIFICATION FROM THE CONTEST AND MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS. COMPANY RESERVES ALL RIGHTS, INCLUDING THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES), TO THE FULLEST EXTENT OF THE LAW, INCLUDING THE POSSIBILITY OF CRIMINAL PROSECUTION.
Entrant agrees to release, discharge, indemnify, defend and hold harmless Company and Instagram, and each’s parent company, affiliates, subsidiaries, business partners, prize providers, and promotion and advertising agencies, and directors, officers, employees and agents of any and all of the aforesaid, and any other organizations related to the Contest, from and against any claim, damages or liability due to any injuries, losses or damages to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, enjoyment, ownership, possession, use, misuse or inability to use any prize, or participation in the Contest or a related activity, whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation (i) any condition caused by events beyond Company’s control that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; and (iii) any printing or typographical errors in any materials associated with the Contest.
Company shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for death or any personal injury suffered or sustained as consequence of participation in the Contest or as a consequence of the use and enjoyment of the Prize.
IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE Contest, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Company reserves the right to cancel, suspend, modify, or extend the Contest, if any fraud, technical issue, or other fact that impairs the integrity and functioning of the Contest occurs, or if necessary to comply with any applicable laws, in connection with the Contest. If the Contest is canceled or terminated, Company may, in its sole discretion, determine Winners from among all non-suspect, eligible submissions received up to the time of such termination or cancellation, using the methods above.
Company assumes no responsibility for any administrative or typographical errors in the course of operating the Contest or in these Terms. Company reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest are compromised, without liability to the entrant. Company reserves the right to disqualify any entrant or winner, as determined by Company, in its sole discretion. The Contest is subject to these Terms and all applicable national, federal, state, provincial and local laws and regulations apply. As stated above, the Contest is void where prohibited or restricted by law. By participating in the Contest, you acknowledge that you have read these Contest Terms and Conditions and the Contest Official Rules and agree to abide by them and by the decisions of Company, which are final and binding on all matters pertaining to the Contest. These Contest Terms and Conditions and the Contest Official Rules are governed by the law of the State of California, excluding rules governing choice of laws. Except where prohibited by law, as a condition of participating in the Contest, each Entrant agrees that: (i) any and all disputes and causes of action arising out of or connected with the Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office located in Los Angeles; (ii) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (iii) judgment upon such arbitration award may be entered in any court having jurisdiction. If, for any reason, the above arbitration clause in unenforceable, any action, suit or case arising out of, or in connection with, this Contest or these Contest Terms and Conditions or the Contest Official Rules must be brought in either the federal or state courts in Los Angeles County, California.
Company is the official timekeeper for the Contest.