TIKTOK QUEST 3 GIVEAWAY
Competition Terms and Conditions
- NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THE COMPETITION. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. SOME RESTRICTIONS APPLY.
- ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES INTO THE PRIZE DRAW.
- THE COMPETITION IS OPEN ONLY TO LEGAL RESIDENTS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD OF THE UNITED KINGDOM AND CANADA OR ALL LEGAL RESIDENTS WHO ARE AT LEAST (21) YEARS OLD OF THE 49 UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF THE STATES OF WASHINGTON, NEW YORK AND FLORIDA), AND MEETING THE ELIGIBILITY CRITERIA SET FORTH IN THESE RULES.
- THE COMPETITION IS VOID WHERE PROHIBITED BY LAW.
- FOR RESIDENTS OF THE UNITED STATES, PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST THE PROMOTER ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
- ADDITIONAL CONDITIONS APPLY, PLEASE READ THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.
- These Competition Terms and Conditions (“Competition Terms”) set out the terms and conditions on which eligible participants may enter the prize draw for the TikTok Quest 3 giveaway (the “Competition”) for a chance to win a Meta Quest 3 VR headset (the “Prize”).
- The Promoter of the Competition is Stars Mobile Limited, an Isle of Man company having its registered office at Douglas Bay Complex, King Edward Road, Onchan, Isle of Man, IM3 1DZ (the “Promoter”, “we”,“us” or “our”). The Promoter is part of the group of companies that are controlled, directly or indirectly, by Flutter Entertainment PLC (“Flutter Group”).
- In these Competition Terms, a reference to “you”, “your”, “participant” or “winner” is a reference to persons wishing to participate in the Competition.
- Participation in the Competition is expressly conditioned upon your acceptance of, and compliance with all requirements set out in, these Competition Terms and the Vegas Infinite General Customer Terms found at https://www.vegasinfinite.com/general-terms (“Vegas Infinite GCTs”) and which apply to your access and use of the Vegas Infinite VR or PC application (“Vegas Infinite”). You may be required to sign paperwork issued by the Promoter.
- The Competition begins at 02:00 PM ETD on Thursday 12th October 2023 and ends at 08:00 AM UTC on Tuesday 31st October 2023 (the “Competition Period”).
- To be eligible to enter the Competition, you must:
- be resident in the United Kingdom, USA (excluding the states of Washington, New York and Florida) or Canada;
- be at least 18 years of age if you are resident in the United Kingdom or Canada, or at least 21 years of age if you are resident in the USA;
- have a registered and verified Vegas Infinite account for Vegas Infinite;
- have a registered and verified TikTok account with the account settings set to ‘public’; and
- not be, for any reason, barred from, or have not opted out of or self-excluded from, playing, participating in or receiving communications about PokerStars products or services,
(together, the “Eligibility Criteria”).
- Employees and relatives and/or affiliates of employees of the Flutter Group and the developer of Vegas Infinite, Lucky VR, inc., are not permitted to participate in the Competition. For the purpose of this clause, the term 'relative' shall mean but not be limited to spouse, partner, parent, cousin, child or sibling and 'affiliates' shall include, but not be limited to, such an employee's housemate(s) or co-habitee(s).
- We reserve the right to ask participants for any proof of identification, age and address, and to conduct any ID and security checks on participants, as we see fit to confirm participants comply with the Eligibility Criteria. Failure by a participant to meet the Eligibility Criteria, in our sole discretion (and as verified by us), and provide any information and documentation requested by us at any stage of the Competition will result in that participant being disqualified from the Competition.
- Only 1x Vegas Infinite account registered to a single device (whether VR headset or Desktop PC) will be eligible to participate in the Competition. Any attempt to register multiple Vegas Infinite accounts on the same device and generate additional entries for the Competition is expressly prohibited. No entry fee or purchase is required to participate in the Competition.
- To participate in the Competition, during the Competition Period you must:
- follow the Vegas Infinite TikTok page (www.tiktok.com/@vegas_infinite) on your TikTok account;
- produce a unique short video (“Video”) that complies with the Submission Criteria (as defined at Paragraph 11 below); and
- post your Video on your TikTok account with the hashtags ‘#VegasInfinite’ and ‘#VegasInfiniteGiveaway’ in the post and the tag ‘@Vegas_Infinite’ in the video description.
(together, the “Entry Requirements”).
- To be a qualifying submission, your Video must:
- feature in-game footage of your avatar and audio captured by you in Vegas Infinite;
- be a minimum of 10 seconds and a maximum of 60 seconds in length;
- be recorded in the 9:16 aspect ratio (vertical, full screen, phone position);
- contain only original visual and audio content created by you (use of PokerStars generated content or content which has been created by other Vegas Infinite players is not permitted);
- not be identical or materially similar to any Videos you have submitted for previous submissions;
- comply with the Vegas Infinite GCTs and TikTok rules and community guidelines concerning the publishing of content on the TikTok platform; and
- comply with all applicable laws and regulations in the jurisdiction in which you are located.
(together, the “Submission Criteria”).
- If you complete the Entry Requirements, you will earn a raffle ticket (a “Ticket”) for entry into the Prize Draw (as defined at Paragraph 14 below).
- You may complete the Entry Requirements a maximum of 3x times (earning a maximum of 3x Tickets) during the Competition Period.
- All Tickets earned by participants during the Competition Period will be automatically entered into a prize draw for the Prize (“Prize Draw”).
- 8x winners will be selected at random from all Tickets in the Prize Draw at 5:00 PM UTC on Tuesday 31st October 2023.
- We will contact each winner by direct message to their TikTok account within 72 hours of the winners being selected (“Winner Notification”).
- Participants are limited to 1x winning Prize Draw selection for the Competition. Once a participant has been selected as a winner, they will no longer be eligible to win further prizes and all of their remaining Tickets will be removed from the Prize Draw.
- The Prize will consist of 1x base model of the Meta Quest 3 VR headset including left and right handheld controllers (brand new condition). No bundled features, accessories or games are included in the Prize.
- You bear sole responsibility for all duties, taxes or charges that may be payable to any relevant authority, whether applied as a withholding tax from the payment of the Prize or as tax in respect of the receipt of the Prize, in accordance with applicable laws. If we are required to withhold tax from the Prize, the amount you receive may be less than the advertised Prize.
- We will be entitled, acting reasonably, to provide to you a cash alternative for the Prize, including where it is unavailable or in circumstances where providing the Prize would pose an excessive financial or logistical burden on us. You will not have the right to require payment of a cash alternative unless we agree otherwise. Any cash alternative offered will be equal to the retail value of the Prize.
- Terms and conditions governing the use of the Prize may be imposed by the manufacturer and/or supplier of the Prize ("Third Party Rules"). We will not be responsible for your failure to comply with any such Third Party Rules. In addition, you may be required to enter into a separate binding agreement with us with regards to conditions governing the Prize and/or your use of the Prize. Failure to abide by such conditions may result in the forfeiture of the Prize.
- The Prize is non-transferable and non-refundable, and must not be given, assigned, sold to or exchanged with any other person.
Claiming the Prize
- Winners must claim their Prize by responding to the Winner Notification and providing the contact and address information requested for delivery of their Prize by no later than 12:00 PM UTC on 12 November 2023 (“Claim Period”). Prizes will be delivered to winners by 1 June 2024.
- It is the responsibility of winners to ensure that they respond to their Winner Notification within the Claim Period, and the contact and address information for delivery of the Prize is valid and correct. If a winner fails to respond to the Winner Notification or provide valid and correct contact and address information for delivery within the Claim Period, the prize will be void. Void Prizes may be redrawn and offered to another winner or offered in another promotion.
- You hereby warrant and represent that you are the owner of all intellectual property rights and other materials contained in the content submitted by you as part of your Video(s) (“Content”) and/or that you are authorized and have all written permissions required for us to use and exploit the Content as part of the Competition and have secured all necessary permissions, authorizations and consents required by us to include any person (including their names, images, performances, voices, trademarks, likeness and/or biographies) appearing in your Content. In addition, you confirm that by submitting the Content, you hereby grant us an unconditional, irrevocable, non- exclusive, royalty-free, fully paid up, fully transferable, perpetual, worldwide right and license to use, publish or transmit, or to authorize third-parties to use, publish or transmit the Content in any format and on any platform, either now known or hereinafter invented without any remuneration to you or any person (in the broadest sense, including without limitation individuals, companies, partnerships and other entities) appearing in the Content in any way.
- You warrant that your Content shall not contain or include or make use of anyone under the age of 18, be racist, obscene, derogatory, threatening in nature, or harass, libel, deceive, defraud or invade another's privacy, be offensive, blasphemous, defamatory of any person, or otherwise contain or condone anything harmful (including viruses and/or similar contaminants), illegal, unlawful and/or anything that infringes the rights of any person. You warrant that any Content that you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to include or depict anything in the Content: (i) which is intended to upset or harm others; (ii) that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability or breach of any applicable law; or (iv) which is intended for commercial purposes, including, without limitation, to solicit funds or to promote, advertise or solicit the sale of any goods or services.
- You acknowledge that when you send or otherwise share with us your Content in connection with this Competition, you are doing so at your own discretion and risk and that you are solely and fully liable for any material contained in your Content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any Content submitted by you in relation to the Competition.
- Following the submission of your Content, you acknowledge that we or authorized third parties acting on our behalf, reserve the right to refuse to publish, take down, cut, crop or edit your Content at our sole discretion or at their discretion in case of authorized third parties acting on our behalf. You permit us to carry out any and all of the above-mentioned actions as we may deem necessary and we are under no obligation to use, upload, broadcast and/or transmit your Content on our site or in any media (including our social media platforms).
- Conduct of participants. If you are found to be in breach of the Competition Terms or the Vegas Infinite GCTs, we discover or reasonably believe that you have acted deceitfully or dishonestly with respect to the Competition, we will be entitled to: (i) exclude, suspend or disqualify you from the Competition; and (ii) exclude you from any or all future Competitions. The decision as to what activity or behaviour constitutes a breach of these Competition Terms or what constitutes an act of deceit or dishonesty in relation to any conduct by you while participating in the Competition rests solely with us and in our sole discretion.
- Health and safety. You must comply with all health and safety guidelines provided by us or that you should otherwise be aware of concerning your participation in the Competition and use of the Prize, and you must adhere to any applicable legal and regulatory requirements as necessary. Failure to comply with any direction given may result in your disqualification from the Competition.
- Limitation of Liability. By participating in the Competition, you hereby agree to release, discharge and hold harmless the Promoter, and the legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees and agents of the Flutter Group, and the developer of Vegas Infinite, Lucky VR, inc., from any costs, expenses damages, losses claims, actions or proceedings brought by you (or any third party on your behalf) ("Claims"), as a result of your participation in the Competition and/or receipt of the Prize and we fully exclude any liability in relation to any such Claims (other than payment of any costs and expenses specifically provided as part of the Prize (if any) with respect to the Competition. This limitation does not include any liability on the part of us to you for: (i) negligence; (ii) death or personal injury arising out of our negligence or the negligence of our employees; (iii) fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by applicable law.
- SAVE AS PERMITTED UNDER PARAGRAPH 27 ABOVE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL WE OR THE FLUTTER GROUP OR OUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, OR THE DEVELOPER OF VEGAS INFINITE, LUCKY VR, BE LIABLE TO YOU OR ANY PARTY FOR: (I) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN RELATION TO YOUR PARTICIPATION IN ANY COMPETITION (OR INABILITY TO DO THE SAME), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE COMPETITION.
- We will not be liable to you for any failure to perform any of our obligations under the Competition or in respect of the Prize where we are unable to do so as a result of circumstances beyond our reasonable control and whilst we may endeavour to provide an alternative prize, we shall not be liable to compensate any participant where we fail to do so in such circumstances.
- You hereby agree to indemnify and hold harmless the Flutter Group, the legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees of the Flutter Group from and against any and all costs, losses, damages, expenses, fines from any regulatory authorities and liabilities (including for loss of reputation and goodwill and professional advisers' fees and costs) incurred and/or suffered by us arising as a result of a breach by you or failure to perform or comply with your obligations under the Competition Terms, Third Party Rules, and/or in connection with your failure to follow any instructions given by us or in relation to any matter concerning your participation in the Competition.
- Changes to the Competition Terms. We reserve the right at any time to make minor amendments or alterations to the Competition Terms to correct errors or improve their clarity and comprehension for the benefit of participants. Furthermore, but in all cases acting reasonably, we may alter the Competition Terms, as well as cancel, modify or suspend the Competition or withdraw a Competition for specific participants, if: (a) we reasonably believe that the Competition is being abused by an individual or group of individuals which undermines the integrity of the Competition; (b) we are required to do so as a result of any legal or regulatory change; or (c) there are other valid reasons that prevent us from continuing the Competition provided that the reason is sufficiently serious such as a failure of our systems or due to manifest error. Any proposed material changes to the Competition Terms will be either notified to you directly. Any amendment, alteration or withdrawal of the Competition will not adversely impact participants who have already opted in to the Competition except in cases which are beyond our control (e.g. for legal and/or regulatory reasons).
- Disputes. Without prejudice to any rights or remedies you may have under applicable law, in case of disputes or disagreements between you and us concerning any aspect of the Competition, including but not limited to any and all matters relating to the awarding of the Prize, a participant's eligibility to participate in the Competition, the conduct of any participant, or the Competition Terms, the final decision shall lie with us and any decision made by us shall be final and binding upon you and shall not be subject to review or appeal by you or any third party.
- Governing Law and Jurisdiction. The governing law and jurisdiction that applies to the Competition Terms will depend on the country of residence of participants as follows:
- Participants resident in the UK: any claims or disputes, issues and questions concerning the construction, validity, interpretation and enforceability of the Competition Terms, or the rights and obligations of UK resident participants and the Promoter in connection with the Competition, will be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. The courts of England and Wales will have exclusive jurisdiction in relation to the same.
- Participants resident in Canada: any claims or disputes, issues and questions concerning the construction, validity, interpretation and enforceability of the Competition Terms, or the rights and obligations of Canada resident participants and the Promoter in connection with the Competition, will be governed by and construed in accordance with the Province of Ontario and the laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. The courts of the Province of Ontario will have exclusive jurisdiction in relation to the same.
- Participants resident in the United States: any issues and questions concerning the construction, validity, interpretation and enforceability of the Competition Terms or the rights and obligations of US resident participants and the Promoter in connection with the Competition will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
You and we each agree to finally settle all disputes only through arbitration; provided, however, the Promoter will be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York and any other court with jurisdiction over you and us. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. You and we agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to the Competition shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within 14 days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York. The federal or state law that applies to the Competition Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York. We agree to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing). You or we may, notwithstanding this Paragraph, bring qualifying claims in small claims court.
Entire Agreement. These Competition Terms represent the entire agreement between you and us relating to the Competition and supersedes all prior representations, agreements, negotiations or understandings (whether oral or in writing) between us and you. Except as specifically set out herein, all conditions, warranties, representations and terms (whether expressed or implied by law) are fully excluded. The invalidity, illegality, or unenforceability of the whole or any part of the Competition Terms does not affect or impair the continuation in force of the remainder of the Competition Terms.