Propeller Ads 10 Years Birthday Anniversary Online Promo Terms and Conditions ADVERTISERS
This Agreement governs your participation in the Propeller Ads 10 Years Birthday Anniversary Online Promo (the "Promo") described herein.
This Agreement constitutes an integral part of Propeller Ads Terms and Conditions (the "Terms and Conditions"), which you agreed upon when creating an Advertiser Account with Propeller Ads ('Advertiser Account'). Areas and/or terms not covered by this Agreement are regulated by the provisions of Propeller Ads Terms and Conditions. In the event of any inconsistency between this Agreement and the Terms and Conditions, the terms of this Agreement shall govern.
This Agreement is entered into and between:
Propeller Ads Ltd, including its affiliated and subsidiary companies (the, "Propeller Ads", "Propeller", etc.), an advertising network that provides services for products monetization and promotion, connecting advertisers and publishers through such service globally, being the creator and owner of this Promo; and
You (the, "Advertiser", "You", "Yours", etc.), a client of Propeller Ads and therefore the holder of an Advertiser Account,
hereinafter collectively referred to as the "Parties", and separately as "Party". Whereas
Propeller Ads celebrates its 10 Years Birthday Anniversary and wishes to offer prizes to lucky Advertisers through the Promo; and Whereas
you seek to participate in the Promo and take the chance to win a prize, Now
you and Propeller Ads hereby agree as follows:
To apply for your participation in the Promo you must register online during the period starting from July 19th
2021 and until August 20th
2021 (the "Registration Period").
For your registration to be accepted and in order to enable your participation in the Promo, you must have registered only once and by using one (1) email only, regardless the number of Advertiser Accounts you hold.
Registering more than once and/or using more than one (1) email is strictly prohibited and will automatically disqualify you from the Promo. In addition Propeller Ads may at its own discretion ban any and/or all your Advertiser Accounts at any time thereafter. Advertisers who do not meet this registration criteria will not be accepted/qualified to participate in the Promo and will not have the chance to win a prize.
Advertisers who meet the registration criteria above will be accepted/qualified to participate in the Promo and will have the chance to win a prize. Prizes available for accepted/qualified Advertisers are separated into two (2) categories:
i. main prizes - include: 10 Promocodes (bonus $100 for dep $300), 2 Air Pods Pro, 2 Nintendo Switch, 2 Samsung Galaxy Buds Pro, 15 Personal online consultations with a Propeller Ads manager (30 mins)
ii. alternative prizes - include: 2 GoPro, 2 XBOX One X, 2 iPhone 12 64 GB, 2 MacBook Pro with Apple M1 Chip (13-inch, 8GB RAM, 512GB SSD), 2 Promocodes X2 for deposits < $1000 – 3 items
Accepted/qualified Advertisers who as of August 25th
2021 have made a deposit of at least one hundred USD ($100) will be offered the chance to win any of the main prizes whereas all other accepted/qualified Advertisers will only be offered the chance to win any of the alternative prizes. 2. Obligations of Promo Winners
Each accepted/qualified Advertiser participating in the Promo is offered the chance to win one prize only.
The Promo winners will be randomly selected through an online raffle/lot which will take place on August 25th
2021 and which will be available for all accepted/qualified Advertisers to attend.
You hereby understand that access to the Promo requires compatible devices, and certain software (including third party software) may need updates, and your access to the Promo may be affected by the performance of these elements. You must have a high speed internet connection in order to access the Promo. When accessing the Promo through a mobile network, your network or roaming network may apply fees for data usage.
The Promo winners and their prizes will be publicly announced/published on Propeller Ads social media channels including but not limited to Telegram, Instagram, YouTube, Twitter, etc.
Promo winners must, within seven (7) days since the publication of the lucky winners and their prizes, contact Propeller Ads through their registered email to arrange for the delivery of their prizes. Promo winners hereby understand, agree and expressly release Propeller Ads from any and all liability in any case they do not contact and/or do not reply and/or cannot be contacted by Propeller Ads for any reason within the seven (7) days' time limit. 3. Advertiser Representations and Warranties
Your hereby represent and warrant the following:
You give Propeller Ads an irrevocable non-exclusive right to use your email, name and any other personal information provided by you under this Agreement for the purposes of this Agreement including for the announcing/publication of the Promo winners;
You and/or your Brand is not involved in any illegal activities and/or in any advertising or marketing practices that are deceptive, misleading or fraudulent;
You will promptly respond to all communications, in no event later than within 48 hours, whether in text, email, phone or any other form;
You will notify Propeller Ads personnel promptly of any changes to your email or of any other information submitted by you;
You will act in a legal, ethical manner and maintain the highest degree of professionalism and standards of integrity, honesty and responsibility in your dealings with Propeller Ads;
You will not act in an unlawful, harmful, threatening, defamatory, offensive, harassing manner or in other similar way that may disrepute and/or harm the name, goodwill and reputation of Propeller Ads and/or its services and/or the Promo;
You will not engage in any activity that may harm in any way the Promo, its participants and/or other participants;
You will not interfere in any way with the Promo and/or with the provision of the prizes under this Agreement;
You will not engage in any activity that violates or breaches Propeller Ads's or any third party's legal rights;
You will not make any defamatory remarks and/or any untrue statements or claims about or on behalf of Propeller Ads;
If, at any time before the online raffle/lot, your Advertiser Account is either suspended and/or banned and/or you are in breach of the Propeller Ads Terms and Condition and/or this Agreement, then Propeller Ads may at its own discretion immediately disqualify you from the Promo;
You will not receive any monetary payment under this Agreement and/or Promo;
Any and all prizes under this Agreement are provided as is and your hereby release Propeller Ads from any responsibility in relation to their functionality, dysfunctionality, malfunction, etc and you hereby indemnify Propeller Ads against any and all legal actions in connection to the said prizes;
You are solely and fully responsible for any and all taxes in relation to the prizes;
In any case you stop and/or no longer meet the registration criteria described in clause 1. above, at the sole discretion of Propeller Ads, at any time and for any reason, you will no longer be accepted/qualified to participate in the Promo nor having the chance to win any prize;
Upon your deposit of any amount to Propeller Ads, you are not and you will not be entitled to any kind of refund and/or return of any amount paid to Propeller Ads, at any time and for whatsoever reason. You hereby release Propeller Ads from any liability and/or possible claim in relation to any payment processed;
You are strictly restricted to attempt to host or organise any event/promo in conjunction with, contiguous to or purporting to be related to the Promo or its participants without the express prior permission and cooperation of Propeller Ads. We reserve their right to take such action (legal or otherwise), including a claim for damages as we, in our sole discretion, deem appropriate in the circumstances.
In any case you are in breach of any representation and warranty, as also, of any other term of this Agreement, we reserve the right to refuse you participation into and/or to disqualify you from the Promo. 4. Acts of God
Circumstances beyond our control, including force majeure events, may necessitate substitutions, alterations, postponements, or cancellations to the content, format, themes, name, hosts, moderators, timing, platform or dates of the Promo. Force majeure events include amongst others: (a) power or server outages or issues; (b) update or maintenance periods; (c) as a result of a war, acts of God, flood, drought, earthquake or other natural disaster; (d) epidemic or pandemic; (e) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (f) nuclear, chemical or biological contamination or sonic boom; (g) any law or any action taken by a government or public authority; (h) collapse of buildings, fire, explosion or accident; (i) any labour or trade dispute, strikes, industrial action or lockouts; (j) non-performance by suppliers or subcontractors; (k) interruption or failure of utility service and/or (l) electronic or communications failure. We reserve the right to do so at any time and will not be liable to you for any cost incurred by you as a result. We will endeavour to notify you as soon as reasonably practicable of any substitutions, postponements, or changes by posting the updated information on our website/pages and/or by sending a notice in your Advertiser Account. In any such case of cancellation, alteration, postponement, etc of the Promo, we will not be liable to you for any expenditure, damage or loss incurred by you as a result. 5. Warranty
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT AND TO THE EXTEND PERMITTED BY LAW PROPELLER ADS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS PROMO AND PRIZES IS PROVIDED "AS IS" AND AT ADVERTISER'S OPTION AND RISK AND PROPELLER ADS DOES NOT GUARANTEE ANY WINNING, RESULTS OR SECURITY OF ANY KIND.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE PRIZES AND YOUR PARTICIPATION IN THE PROMO. IN NO EVENT SHALL PROPELLER ADS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, THE PROMO, AND THE PRIZES INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE PROMO AND/OR PRIZES, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF PROPELLER ADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. 6. Indemnity
You shall indemnify, defend and hold Propeller Ads harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys´ fees) which may be incurred by or to any third party arising out of your: (a) improper use of the Propeller Ads services and/or this Promo; (b) improper participation in the Promo; (c) use of the prizes; and (d) breach or violation of any clause of this Agreement and/or Propeller Ads Terms and Conditions including any of their updated versions. 7. Confidentiality and Data Protection
This Agreement constitutes an integral part of Propeller Ads Terms and Conditions (available at www.propellerads.com).
This Agreement enters into force when you register as a participant in the Promo upon accepting the terms of this Agreement, and shall remain in force until automatically terminated upon the announcement/publication of the Promo winners.
This Agreement and/or Promo can and may be terminated by Propeller Ads with immediate effect, at any time and for any reason, at its own discretion, with or without prior notice.
You may only terminate this Agreement in writing and not later than 48 hours prior to the Promo.
In any event of termination, you will not have any rights to refund for any amount deposited in relation to this Agreement. 9. Relationship
This Agreement is non-exclusive and the relationship between the Parties is that of an independent contractors. Nothing contained in this Agreement shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or employer and employee between the Parties. 10. Entire Agreement and Variation
This Agreement shall be governed by and construed in accordance with the laws of Cyprus. The courts of Cyprus shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
Propeller Ads reserves the right, in its discretion, to change, amend or modify all or any part/terms of the Promo and/or this Agreement at any time unilaterally, through a notice and/or relevant information made available at Propeller Ads's website and/or at your Advertiser Account. 11. Miscellaneous
The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
Propeller Ads may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of Propeller Ads.
All notices given under this Agreement shall be sent to you by email to the email address submitted by you when registering for this Promo. Notice shall be deemed served at the date of automatic delivery receipt. You further agree on Propeller Ads using of any communication method (email message/SMS message/phone) with contact details provided in your Advertiser Account.