Top Contest Official Rules
Last Updated: December 5, 2017
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The Top Application, Game, Contest, Competition or Sweepstake (the "Contest") is sponsored by Velvetas LT, MB ("Sponsor"). The Contest is not sponsored, endorsed, administered by, or associated with Apple Inc. and Google Inc. or its subsidiaries or affiliates.
Subject to these Official Rules, the Contest is open to anyone in the world who is at least 17 years old as of the date of entry. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and its immediate family members or household members are not eligible to participate in or win the Contest. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
Notice to all international entrants: As stated above, it is your responsibility to comply with the contest laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding contests that may prevent Sponsor from awarding you your Prize (as defined below). If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Sponsor. By entering this Contest, you acknowledge the risks, and understand that you may win but not be able to receive a Prize.
2. ENTRY PERIOD
Contests will be announced through the App from time to time. You may join the Contest while it is live.
3. HOW TO ENTER
No purchase or payment is necessary to participate in the Contest. Enter the Contest by completing each of the following steps:
Download or open the Top Application downloaded through the Apple Store or Google Play on your mobile device, and either (a) if you already have a Top account, log into your existing Top account, or (b) if you do not already have a Top account, sign up for a Top account with a verified phone number.
Locate screen in the App with contests where you can enter ongoing Contest.
Additional, more specific exact Contest rules (the "Specific Rules") for each Contest can be found in the popup screen under information icon on each Contest's screen in the Top Application.
Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means are void.
The winner or winners (the "Winner") of each Contest will receive prize or prizes, determined in Sponsor's sole discretion (the "Prize") in these Official Rules and in the Specific Rules.
Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award any prizes other than the Prize specified in these Official Rules and in the Specific Rules. The Sponsor does not guarantee that the Prize can be made available to the Winner. The Prize is not assignable and not transferable and no substitutions are permitted. In addition, if the Prize is unable to be fulfilled to the Winner due to any applicable law, rule or regulation, or if the Winner cannot claim the Prize for any reason, then Sponsor reserves the right to not award the Prize at all. The Winner shall be responsible and liable for all federal, state and local taxes on the value of the Prize.
5. PRIZE SELECTION
The Winner of the Contest is defined by rules in these Official Rules and in the Specific Rules.
The Contest will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Contest. The winner will be notified in the Top Application or by email; provided, however, that Sponsor reserves the right to determine an alternate method of notification.
The Winner must withdraw or cash-out the Prize within the number of time determined in in these Official Rules and in the Specific Rules, but no longer when 90 days after the date of notification of such Prize. A Contest Winner's failure to withdraw or cash-out the Prize within the specified 90 days will be considered such Contest Winner's forfeiture of the Prize and Sponsor may, at its option and sole discretion, choose not to award the Prize at all. If an entrant is found to be ineligible, Sponsor may, at its option and sole discretion, choose not to award the Prize at all.
6. GENERAL CONDITIONS AND RELEASES
Notice to all international entrants: As stated above, it is your responsibility to comply with the contest laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding contests that may prevent Sponsor from awarding you your Prize (as defined below). If you are a Winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Sponsor. By entering this Contest, you acknowledge the risks, and understand that you may win but not be able to receive a Prize.
Notice to all entrants (including international): By entering the Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the Winner may be required to execute and return (and winning may be conditioned upon the Winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize. The Winner may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.
Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, submissions, photograph, likeness, voice, address (country, city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the Winner’s name on a winner’s list, posting to social media). Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorization to (i) have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audiovisually record you, (ii) have Sponsor (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or imitations thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and (iii) have relinquished any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
An entrant or winner may be disqualified from the Contest if he or she fails to comply with each provision of in these Official Rules and the Specific Rules, as determined in the sole discretion of the Sponsor. Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the Winner in connection with an entry; (2) entries and responses to Winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with Contest; or (5) any warranty with respect to any Prize or any component thereof. THE CONTEST IS PROVIDED "AS IS" AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
By entering the Contest, you agree to and hereby do release and hold harmless Sponsor, its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the "Released Parties") from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, "Claims") that may arise from your acceptance, possession and/or use of any Prize or your participation in Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules and Specific Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, Top shall promptly post a notice on the Top App to such effect. This Contest shall be governed by Republic of Lithuania law, without regard to conflicts of laws provisions. By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in shall be adjudicated in the courts of the City of Vilnius. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.