TOSEIMA JTV CONTENT CREATORS COMPETION TERMS & CONDITIONS
- TOSEIMA JTV Contest for Content Creators
TERMS AND CONDITIONS
IMPORTANT - READ CAREFULLY. THE TOSEIMA JTV CONTENT CREATOR COMPETITION IS SPONSORED BY CAI BUSINESS GROUP - ALSO KNOWN AS CREATIVE ARTS INTERNATIONAL INC., THE PARENT COMPANY OF TOSEIMA JTV. THE CONTENT CREATOR COMPETITION (KNOWN HENCEFORTH AS CCC) ENTRY FEE IS REQUIRED TO PARTICIPATE IN THIS COMPETITION. NO SERVICE/PRODUCT PURCHASE BEYOND THE CCC ENTRY FEE IS NECESSARY TO ENTER OR WIN. A PURCHASE OF PRODUCTS/SERVICES WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH ROKU, FACEBOOK, TWITTER, TIKTOC, YOUTUBE, OR INSTAGRAM (KNOWN HENCEFORTH AS SOCIAL MEDIA PLATFORMS).
BY ENTERING THE PROMOTION, EACH ENTRANT WAIVES, DISCHARGES AND RELEASES SOCIAL MEDIA PLATFORMS FROM ANY AND ALL LIABILITY ASSOCIATED WITH THE PROMOTION. ANY QUESTIONS, COMMENTS OR COMPLAINTS REGARDING THE PROMOTION MUST BE DIRECTED TO SPONSOR AND NOT TO ROKU AND SOCIAL MEDIA PLATFORMS. BY SUBMITTING AN ENTRY, YOU UNDERSTAND THAT YOU ARE SUBMITTING YOUR INFORMATION TO SPONSOR AND THAT YOUR ENTRY, AS DEFINED BELOW, MAY BE INCLUDED IN SPONSOR’S COMMERCIAL MATERIAL, AS WELL AS AT SPONSOR’S WEBSITE, TELEVISION NETWORK, ROKU, OR SOCIAL MEDIA PLATFORMS. YOUR PARTICIPATION IS SUBJECT TO THE TERMS AND RULES HEREIN, INCLUDING THE INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER, AND OTHER TERMS AS APPLICABLE. THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES THE RESOLUTION OF DISPUTES ON AN INDIVIDUAL BASIS, LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT OF LAW, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR A JURY TRIAL FOR CERTAIN DISPUTES.
1. SPONSOR/PROMOTION ADMINISTRATOR: For this CAI BUSINESS GROUP CCC (“Promotion”), CREATIVE ARTS INTERNATIONAL, Inc., 8920 Eves Rd., #767701, Roswell, GA, 30076 is the “Sponsor”. TOSEIMA JTV is not responsible for this giveaway.
2. ELIGIBILITY: To be eligible to submit an Entry for the Promotion, a participant (“participant”, “entrant”, “you”) must be a legal resident of United States over the age of 18 and have reached the age of majority in the jurisdiction in which they reside as of the date of entry. Affiliates and employees of Sponsor, Promotion Administrator, or any other company associated with the administration of the Promotion, along with their immediate families and household members, are not eligible to participate in the Promotion. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Void where prohibited or restricted. By entering this Promotion and submitting an Entry, participants agree to be bound by these Terms and Conditions and the decisions of the Sponsor and/or its agents, including decisions regarding which participant is awarded a prize. Eligible participants must comply with all entrance requirements published by the Sponsor in connection with this Promotion. All entrants must have access to the Internet in order to participate. Normal Internet, phone and usage charges imposed by your online or phone service may apply. If you post updates to or receive updates from ROKU, SOCIAL MEDIA PLATFORMS, and/or Twitter via SMS from your wireless phone, your wireless service provider may charge for each text message sent and received. You are responsible
for any and all such charges and should consult your service providers regarding their pricing plans.
3. PROMOTION PERIOD: The promotion shall commence at within the following: Key dates
Submission period: 12:00 AM June 17th to 11:59 PM August 19th 2022: 11:59 PM. Any entry received after the exploration of the promotion period will be deemed invalid. Sponsor has no responsibility to accept late, lost, delayed, or misdirected entries. Sponsor’s compute is the official time keeping device for this promotion. The top 12 submissions will be published on The A List and its Facebook page for the voting period. Voting period: August 22nd to August 26th 2022
Likes, comments and shares on the post will contribute to the finalist’s overall score.
Winner Contacted: September 5th 2022
Winner Announced: September 9th 2022
4. PROMOTION PROCEDURES: To enter the Promotion, a participant must (i) visit the following page https://www.toseima.com/cccompetition.html (“Promo Page”); and (ii) follow the instructions for the Promotion (as indicated on the Promo Page) to submit an entry (which may include submission of your name, email address, social media account, photo, video, and/or a written testimonial) (“Entry”). Each Entry must comply with these Terms and Conditions. Each participant who submits an Entry(or multiple Entries) shall only be eligible to win one (1) Prize in this Promotion, regardless of number of Entries submitted. Participants creating more than one account to submit an Entry(ies) may be disqualified from the Promotion, at Sponsor’s sole discretion. Incomplete, unreadable, inaccurate, unintelligible, duplicate or late Entries which otherwise do not comply with these Terms and Conditions will also be disqualified.
5. USER GENERATED CONTENT: a. By submitting User Generated Content, each Participant represents and warrants that the User Generated Content:
i. is the Participant’s own original work and created solely by Participant;
ii. is subject to these Terms and Conditions and Participant has obtained permission from each person (if any) who appears in the User Generated Content to provide the rights granted to Sponsor herein;
iii. does not infringe upon any copyright, trademark or any other intellectual property right, invade any right of privacy or publicity;
iv. does not include offensive or illegal content, including without limitation, any User Generated Content that is libelous, slanderous or defamatory, or propagate "hate" messages of any entity or person, or which contains sexually explicit, suggestive, profane, offensive, obscene or pornographic material, or is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
v. does not promote irresponsible or excessive consumption of alcohol, illegal drugs, tobacco, firearms/weapons, or any particular political agenda or message;
vi. does not contain any personal identification, such as license plate numbers, personal names (other than just first name), email or street addresses;
vii. does not communicate messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
viii. does not violate any other right of any person or entity, and is not otherwise contrary to any law.
b. Each Participant agrees that if any of the foregoing representations are untrue, in whole or in part, such Participant may be required to indemnify and hold the Sponsor, including its affiliates and subsidiaries, harmless from and against any costs, liabilities, losses, damages, and expenses (including, without limitation, attorneys’ fees) arising out of or in connection with any claim or allegation that, if true, would be a breach of the representations above.
c. By submitting User Generated Content, each Participant hereby unconditionally grants to the Sponsor, including its affiliates and subsidiaries, a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, assignable, transferable, unqualified, unrestricted license to edit, use, reuse, modify, reproduce, display, distribute, copy, publish and otherwise exploit (in any manner whatsoever) such User Generated Content without further permission, notification, consideration, or payment to Participant, except where prohibited by law. The foregoing license grant is not contingent upon anything. In addition, each entrant forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require Participant’s permission to use the Entry (or any part thereof) for the purposes stated herein. Entries are the property of the Sponsor and will not be acknowledged or returned.
d. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Terms and Conditions or is deemed inappropriate, the Sponsor may disqualify the Entry. Sponsor’s decisions will be final in all matters relating to the Promotion and winner eligibility.
6. WINNER SELECTION: Decisions of the Sponsor are final and binding to each person who enters the Promotion and no correspondence will be entered into. Judging of Entries: On or about August 26, 2022, a panel of judges selected by Sponsor, or the Promotion Administrator on Sponsor’s behalf, will evaluate all valid Entries based upon the criteria set forth below (the “Criteria”) and will select twelve (12) winners from amongst the Participants that have submitted an eligible Entry(ies) (individually, a “Winner” and collectively, “Winners”). Winners will be assigned a Prize (as defined below) according to the total score assigned to their Entry by the judges based on the Criteria (i.e., the Winner with the highest score will receive the first prize, the Winner with the second highest score will receive the second prize, etc.). Odds of winning a Prize will depend upon the number of eligible Entries received. Criteria: Entries will be judged based on four (4) Criteria:
(1) interpretation and the clarity of the theme to the viewer,
(2) adherence to the topic,
(3) creativity and originality of the depicted theme, and
(4) quality of artistic composition and overall design based on the theme.
The judges will assign each Entry a score based on these Criteria, which will ultimately determine the Winners of the Promotion. In the event of a tie, the Entries shall be ranked in the order they were submitted.
7. THE WINNERS: The Winners will be entitled to receive a Prize (as defined below). The Winners will be notified on or about September 5th 2022 via the e-mail address provided at the time of registration (“Winner Notification”). Each Winner has seventy-two (72) hours to respond to the Winner Notification to confirm their eligibility for a Prize by completing and returning the Prize Verification and License Form (“Prize Verification Form”) included in the Winner Notification. Non-compliance in returning any Prize Verification Form will result in disqualification of such potential Winner and the associated Prize may be awarded to an alternate Winner from among all remaining eligible Entries received. Any Prize Verification Form or Prize returned as undeliverable may result in such Prize being forfeited and awarded to an alternate Winner from among all remaining eligible Entries. Sponsor or Promotion Administrator are not responsible if a Winner does not receive the Winner Notification. If a Winner does not respond to the Winner Notification within seventy-two (72) hours or cannot otherwise be contacted to confirm their eligibility, an alternate winner may be selected from the remaining eligible entries at the Sponsor’s discretion.
8. PRIZES: Each Winner will receive one Prize. All prizes shall collectively be referred to herein as the “Prizes” and individually as a “Prize.”
a. Prizes:
b. Twelve content creators will be chosen. Winning entries of the TOSEIMA JTV content creator competition will have full exposure and airing of their content on TOSEIMA JTV, a ROKU television network for a minimum of 3 months. A marketing campaign focused on the winning entry content. A 7-week consulting Seminar/Workshop designed to help build branding, marketing, and strategies for a successful show on network television. Be a guest on The Speak Resilience TV Show to promote the winning entry content. Exposure on all social media platforms within the company initiative. 3 months of advertising and promotions on all social media platforms.
The total cash value of all Prizes in the Promotion is Twenty Three Thousand Three Hundred Thirty Four Dollars ($23,334 USD). Prizes will be delivered to the Winners in the form of: (i) an email containing a unique activation link for the seven-week TOSEIMA JTV Content Creator Workshop, sent to the email address provided by the Winners in the Prize Verification Form within 4 to 6 weeks from the end of the Promotion Period. Sponsor reserves the right to substitute the form of the monetary prize at its discretion, provided the total dollar amount remains the same and Winners will not be charged any additional fees to receive and/or activate a card containing the monetary portion of their respective Prize. Apart from the Prizes awarded as part of the Promotion, no monetary compensation will be paid for any of the Entries.
c. Prizes do not include any and all taxes, fees and contributions under applicable laws (including but not limited to Value Added Tax and Income Tax) related to the delivery of Prizes. By accepting a Prize, each Winner agrees to be responsible for all national, regional, federal, central, state, local or other applicable taxes and fees (and related reporting obligations), including possible delivery charges, associated with acceptance and use of the Prize. The Winner is responsible for any and all other costs and expenses not listed above.
d. Each Winner may be required to show evidence of age, residence or identity, other proof of eligibility.
9. REQUESTS FOR TERMS AND CONDITIONS / WINNERS LIST: To receive a list of Winners (available after the end of the Promotion Period) or a copy of these Terms and Conditions, send an e-mail to be received within ninety (90) days of the end of the Promotion Period to: [email protected] with the subject line of: Toseima JTV Contest for Content Creators. Please specify “Terms and Conditions” or “Winners List” in the body of the e-mail.
10. BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AGREEMENT: a. Disputes. This Section 10 contains information related to binding individual arbitration and class action waiver (“Arbitration Clause”). The terms of this Arbitration Clause shall apply to all Disputes between you and Sponsor and its affiliates (collectively, “CAI Business Group”). Subject to the exclusions provided in this Section a., “Dispute” shall mean any dispute, claim, controversy or action between you and CAI Business Group arising under or relating to all CAI Business Group Promotions, products, including without limitation hardware and software products, services, these Terms and Conditions, or any other transaction involving you and CAI Business Group, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND CAI Business Group AGREE THAT “DISPUTE” AS DEFINED IN THIS ARBITRATION CLAUSE SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION CONCERNING THE ENFORCEMENT OR VALIDITY OF YOUR, CAI BUSINESS GROUP’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS, INCLUDING CLAIMS OF (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT AND MISUSE, AND (D) TRADEMARK INFRINGEMENT AND DILUTION. ANY ACTION TO ENFORCE INTELLECTUAL PROPERTY RIGHTS SHALL BE BROUGHT EXCLUSIVELY IN THE APPROPRIATE COURT LOCATED IN ROSWELL, GA.
b. Binding Arbitration. You and CAI Business Group further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions herein; (b) this Arbitration Clause memorializes a transaction in interstate commerce; (c) that the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Arbitration Clause; and (d) the arbitration shall be coordinated through Demming, Parker, Hoffman, Campbell, & Daley, LLC, Georgia (“Arbitration Center”) in accordance with the Federal Arbitration Act (9 U.S.C. §1, et seq.) (“Rules”). Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is pending only in that court. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The decision of the arbitrator shall be final, binding and enforceable by any court with jurisdiction over the parties.
c. Dispute Notice. In the event of a Dispute, you or CAI Business Group must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to CAI Business Group must be addressed to Sponsor at: ATTN: Legal Department, CAI Business Group - Creative Arts International Inc. 8920 Eves Rd., #767701, Roswell, GA, 30076 (the “CAI Business Group Notice Address”). The Dispute Notice to you will be sent by e-mail or certified mail (if available) to the most recent address we have on file or otherwise in our records for you. If CAI Business Group and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or CAI Business Group may commence an arbitration proceeding pursuant to this Arbitration Clause. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
d. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. EXCEPT WHERE PROHIBITED, YOU AND CAI BUSINESS GROUP AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, CLASS ARBITRATIONS, OR PRIVATE ATTORNEY GENERAL ACTIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS ARBITRATION AGREEMENT, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
e. Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be governed by the Rules that are in effect at the time the arbitration is initiated, available at https://www.adr.org/Rules, and under the rules set forth in this Arbitration Clause. If there is a conflict between the Rules and the rules set forth in this Arbitration Clause, the rules set forth in this Arbitration Clause shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. The arbitration shall be conducted in the English language. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Arbitration Clause. With the exception of issues relating to the enforceability of the arbitration provision, all issues related to this Arbitration Clause, including the Arbitration Clause’s scope and the arbitrability of a Dispute, are for the arbitrator to decide. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from Fulton County, GA, at your option. (i) Initiation of Arbitration Proceeding. If either you or CAI Business Group decide to arbitrate a Dispute, we agree to the following procedure: (A) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered (“Demand for Arbitration”). You can find a copy of a Demand for Arbitration at https://www.adr.org/Rules (“Demand for Arbitration”). (B) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to the
(C) Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties. (ii) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by CAI Business Group or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CAI Business Group is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration. (iii) Arbitration Fees. CAI Business Group shall pay, or (if applicable) reimburse you for, all Arbitration Center filing, administration, and arbitrator fees for any arbitration commenced (by you or CAI Business Group) pursuant to provisions of this Arbitration Clause. (iv) Award in Your Favor. For Disputes in which you or we seek $75,000 or less in damages, exclusive of attorney’s fees and costs, if the arbitrator’s decision results in an award to you in an amount greater than CAI Business Group’s last written offer, if any, to settle the Dispute, CAI Business Group will: (A) pay you $1,000 or the amount of the award, whichever is greater; (B) pay you twice the amount of your reasonable attorney’s fees, if any; and (C) reimburse you for any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing the Dispute in arbitration. Except as agreed upon by you and CAI Business Group in writing, the arbitrator shall determine the amount of fees, costs, and expenses to be paid by CAI Business Group pursuant to this Section. (v) Attorney’s Fees. CAI Business Group will not seek its attorney’s fees and expenses for any arbitration commenced involving a Dispute under this Arbitration Clause. Your right to attorney’s fees and expenses under Section (e)(iv) above does not limit your rights to attorney’s fees and expenses under applicable law; notwithstanding the foregoing, the arbitrator may not award duplicative awards of attorney’s fees and expenses. (vi) Opt-out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Arbitration Clause by sending a written letter to the CAI Business Group Notice Address within thirty (30) days of your assent to this Arbitration Clause (including without limitation the purchase, download, installation or other use of CAI Business Group products and services or participation in any CAI Business Group contests or promotions) that specifies (A) your name, (B) your mailing address, and (C) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Arbitration Clause. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide pre-dispute notification. f. Severability. If any provision in this Arbitration Clause is found to be unenforceable, that provision shall be severed with the remainder of this Arbitration Clause remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions as provided in Section (d); if Section (d) is found to be unenforceable, this entire Arbitration Clause shall be null and void.
11. CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, your rights and obligations, or the rights and obligations of Sponsor that arise out of or in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the state of Georgia, without giving effect to any choice of law or conflict of law rules. Except where prohibited and only in the event that the arbitration or class waiver provisions above are not permitted by law, entrants agree that any and all disputes, claims, and causes of action arising out of the Promotion or any prize awarded shall be resolved individually without resort to any form of class action (to the extent permitted by law) and exclusively by the appropriate court located in Fulton County, Georgia.
12. CONSENT: By entering the Promotion, each Winner agrees that, and expressly consents that, except where prohibited, the Sponsor may use such Winner’s name, photograph, likeness, statements, Entry, biographical information, voice, address (city/state/country) and details of winning for publicity purposes, including, without limitation, advertising, promotions, posting a list of winners or other usage, in all forms of media (e.g., print and digital (e.g., internet)) worldwide, video, TOSEIMA JTV in perpetuity, in any manner, together with other materials, without further compensation or notification to, or permission from, Winner. Any translation into any other language shall not be an official version thereof, and in the event of any conflict in interpretation between the English version and such translation, the English version shall control.
13. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE: Sponsor retains all ownership rights, title and interest in its intellectual property, including its trademarks, logos, trade dress, brand and copyrights. Any and all goodwill generated by use of Sponsor’s intellectual property will inure to the benefit of Sponsor. Entrant is granted a limited, fully revocable right to use Sponsor’s trademarks and copyrights solely for the purpose of participating in this Promotion, which right to use shall expire upon the termination of this Promotion. User agrees not to modify or otherwise distort Sponsor’s trademarks and logos.
14. LIABILITY: THE SPONSOR AND THEIR AFFILIATES AND SUBSIDIARIES, AND ALL RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH, SHALL HAVE NO LIABILITY TOWARDS ENTRANTS AND SHALL BE HELD HARMLESS BY ENTRANTS FOR ANY DAMAGE, LOSS, OR LIABILITY, CAUSES OF ACTION, CLAIMS, SUITS, DEMANDS AND RIGHTS OF WHATEVER KIND AND NATURE WHETHER IN LAW OR IN EQUITY INCURRED BY ENTRANTS, ARISING OUT OF OR IN CONNECTION WITH THE PROMOTION. ENTRANT AGREES THAT UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER SPECIAL DAMAGES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. THIS CLAUSE IS APPLICABLE TO THE EXTENT PERMITTED BY LAW. The Sponsor is not responsible for computer system, phone line, technical, hardware, software or other failures of any kind, lost, interrupted or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, typographical or other errors in printing, advertising or other promotional materials, whether caused by the Sponsor, users, or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of entries which may damage a user’s system or limit an entrant’s ability to participate in the Promotion.
15. SUSPENSION / MODIFICATION / TERMINATION: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend part or all of this Promotion should an unauthorized human intervention or any other cause beyond the control of the Sponsor corrupt or impair the administration, security, fairness, or proper play of the Promotion. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant that the Sponsor reasonably believes to have tampered with the entry process or with the operation of the Promotion (or who is otherwise found to be acting in violation of these Terms and Conditions).
16. USE OF DATA: The Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor's privacy statement at https://www.creativeartsintl.com/caiprivatepolicy.html By participating in this Promotion, entrants hereby agree: (i) that they have read and accepted the Sponsor’s privacy policy; (ii) to the Sponsor’s collection and usage of their personal information for administering the Promotion, including for the purposes of registering the participants in the Promotion and informing them in the event that they win any Prizes; and (iii) that if you have provided your consent to receive marketing communication, to allow the Sponsor to periodically send notification of Sponsor’s products, services, special offers and promotions via e-mail. If at any time you decide that you do not wish to be contacted further about special promotions via e-mail, follow the instructions in the e-mail. If you are located outside the United States, please note that your personal information may be transferred, stored and processed within the United States. The data protection laws in the United States may not be as comprehensive as those in your country. By entering this Promotion, you are consenting to the transfer of your personal information to facilities located in the United States and other facility locations selected by the Sponsor. You are responsible for your use of Facebook, Instagram and/or Twitter services, for any content (e.g. photos or caption) you post, and for any consequences thereof. The content you submit, post, or display will be able to be viewed by other users of Facebook, Instagram and/or Twitter services and through third party services and websites. You should only provide content that you are comfortable sharing with others under these terms. You are providing your information to the Sponsor and not to Facebook, Instagram and/or Twitter. 17. SEVERABILITY: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of these Terms and Conditions.
