TERMS AND CONDITIONS
- GENERAL AGREEMENT
By entering the MYTrafficHack, you (and, if you are entering on behalf of a team or Organization, each participating members) agree(s) to the following:
- The relationship between you, the PARTICIPANT-MAKER, and the HOST, is not a confidential, fiduciary, or other special relationship.
- You will be bound by and comply with these Official Rules and the decisions of the HOST, MYTrafficHack and and/or the MYTrafficHack judges which are binding and final in all matters relating to the MYTrafficHack.
- You release, indemnify, defend and hold harmless the HOST, Administrator, Promotion Entities, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the MYTrafficHack, and all of their respective past and present officers, directors, employees, agents and representatives (hereafter the “Released Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a PARTICIPANT-MAKER’s entry, creation of Submission or entry of a Submission, participation in the MYTrafficHack, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of the Submission as authorized or licensed by these Official Rules.
- Without limiting the foregoing, the Released Parties shall have no liability in connection with: (i) any incorrect or inaccurate information, whether caused by the HOST or Administrator’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the MYTrafficHack; technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the MYTrafficHack Website; (iii) unauthorized human intervention in any part of the entry process or the MYTrafficHack;(iv) technical or human error which may occur in the administration of the MYTrafficHack or the processing of Submissions; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the PARTICIPANT-MAKER’s participation in the MYTrafficHack or receipt or use or misuse of any Prize.
- The Released Parties are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the PARTICIPANT-MAKERS. Proof of sending or submitting will not be deemed to be proof of receipt by the HOST or Administrator.
- If for any reason any PARTICIPANT-MAKER’s Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the PARTICIPANT-MAKER’s sole remedy is to request the opportunity to resubmit its Submission. Such request must be made promptly after the PARTICIPANT-MAKER knows or should have known there was a problem, and will be determined at the sole discretion of the HOST and/or Administrator.
- GENERAL CONDITIONS
- HOST reserve the right, in their sole discretion, to cancel, suspend and/or modify the MYTrafficHack, or any part of it, in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control.
- HOST reserve the right in their sole discretion to disqualify any individual or PARTICIPANT-MAKER it finds to be actually or presenting the appearance of tampering with the entry process or the operation of the MYTrafficHack or to be acting in violation of these Official Rules or in a manner that is inappropriate, unsportsmanlike, not in the best interests of this MYTrafficHack, or a violation of any applicable law or regulation.
- Any attempt by any person to undermine the proper conduct of the MYTrafficHack may be a violation of criminal and civil law. Should HOST or Administrator suspect that such an attempt has been made or is threatened, they reserve the right to take appropriate action including but not limited to requiring a PARTICIPANT-MAKER to cooperate with an investigation and referral to criminal and civil law enforcement authorities.
- If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any MYTrafficHack materials, including but not limited to the MYTrafficHack Submission form, MYTrafficHack Website, advertising (including but not limited to television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail.
- The terms and conditions of the Official Rules are subject to change at any time, including the rights or obligations of the PARTICIPANT-MAKER, the HOST and the Administrator. The HOST will post the terms and conditions of the amended Official Rules on the MYTrafficHack Website. To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting.
- If at any time prior to the deadline, a PARTICIPANT-MAKER or prospective PARTICIPANT-MAKER believes that any Official Rule is or may be unclear or ambiguous, they must submit a written request for clarification.
- The HOST’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be or become illegal or unenforceable in any jurisdiction whose laws or regulations may apply to a PARTICIPANT-MAKER, such illegality or unenforceability shall leave the remainder of these Official Rules, including the Rule affected, to the fullest extent permitted by law, unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the HOST’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
- Excluding Submissions, all intellectual property related to this MYTrafficHack, including but not limited to copyrighted material, trademarks, trade- names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned or used under license by the HOST and/or Administrator. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owners is strictly prohibited. Any use in a Submission of HOST or Administrator intellectual property shall be solely to the extent provided for in these Official Rules.
- PUBLICITY AND INTELLECTUAL PROPERTY
Participants will own the intellectual property rights to their Submission, but will grant to the host, administrator, and third parties to use, without limitation, the Submission in any existing or newly created media for advertising and/or non-commercial purposes worldwide without further payment or consideration or right of review, unless prohibited by law for a period of three years following the conclusion of the MYTrafficHack.
LIMITATIONS OF LIABILITY
All participants agree to be bound by the Official Rules and hereby release the Released Parties from any and all liability in connection with the Prizes or PARTICIPANT-MAKER’s participation in the MYTrafficHack. Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury shall not be applicable in jurisdictions where such limitation is not legal.