Propeller Ads 10 Years Birthday Anniversary Online Promo

Terms and Conditions

PUBLISHERS


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 a Publisher Account with Propeller Ads ('Publisher 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, "Publisher", "You", "Yours", etc.), a client of Propeller Ads and therefore the holder of a Publisher 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 Publishers 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:

BY CHECKING THE BOX AND CLICKING "I ACCEPT" BUTTON, AS APPLICABLE, YOU (A) CONFIRM THAT YOU ARE AWARE AND COMPLY WITH PRESENT AGREEMENT AND AGREE TO BE BOUND BY IT AND OUR PRIVACY POLICY PUBLISHED AT THE WEBSITE; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROMO AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE DULLY AUTHORIZED SIGNATORY AND HAVE FULL LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH PROPELLER ADS TERMS AND CONDITIONS AND THIS AGREEMENT AND THAT YOU SATISFY ALL PUBLISHER'S CONDITIONS AND REQUIREMENTS PROVIDED IN THIS AGREEMENT; (D) AGREE TO RECEIVE DIRECTLY TO YOUR E-MAIL NEWSLETTERS, TRAFFIC MONETIZATION INSIGHTS, LATEST PROMOTIONS, CASE-STUDIES AND TUTORIALS FROM US.



1. Participation in the Promo



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 meet all the following criteria:

a) You must have registered only once and by using one (1) email only, regardless the number of Publisher 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 Publisher Accounts at any time thereafter; and



b) You must have earned a minimum of one hundred USD ($100) during the Registration Period and kept a profit of at least one hundred USD ($100) free from any refunds in your account as of August 25th 2021.



Publishers who do not meet both the above criteria will not be accepted/qualified to participate in the Promo and will not have the chance to win a prize.

Prizes for Publishers include: 2 Air Pods Pro, 2 iPhone 12 64 GB, 2 Samsung Galaxy Buds Pro, 2 Go Pro Hero 9, 2 Xbox One X.



2. Obligations of Promo Winners



Each accepted/qualified Publisher 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 Publishers 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. Publisher 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 Publisher 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;
  • 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 Publisher 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 PUBLISHER'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 and Propeller Ads Privacy Policy which is incorporated by reference into Propeller Ads Terms and Conditions, available at www.propellerads.com and https://propellerads.com/privacy/ respectively. You hereby irrevocably agree to be bind by all confidentiality terms included in the Propeller Ads Terms and Conditions as also by the Propeller Ads Privacy Policy.



8. Term of the Agreement



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.



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 Publisher 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 Publisher Account.

You acknowledge and agree that entering into this Agreement, you have not relied and you are not relying on any representations, warranties or other statements whatsoever, whether written or oral other than those expressly set out in this Agreement, Propeller Ads Terms and Conditions, Privacy Policy or other terms and conditions published at www.propellerads.com and that you will not have any right or remedy rising out of any representation, warranty or other statement not expressly set out in this Agreement.