Red Carpet Royalty Day 3
Official Contest Rules
THESE OFFICIAL RULES ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE AND LICENSE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES.
NO PURCHASE OR OTHER CONSIDERATION NECESSARY. VOID WHERE PROHIBITED.
1. Promotion and Sponsor. Participation in Red Carpet Royalty Day 3 Contest promotion (the “Promotion”) constitutes Entrant’s (as defined below) full and unconditional agreement to these Official Rules. Entrant is free to disclaim any prize and status as Entrant, and as a result will not be eligible to receive any prize. The Promotion is sponsored and administered by Plentyoffish Media ULC, attention General Counsel, 8750 North Central Expressway, Dallas, Texas 75231 (“Sponsor”). All decisions related to and interpretation of these Official Rules by Sponsor are final and binding. Apple is not a sponsor of this Promotion and is not involved in any way with this Promotion. While this Promotion may be publicized on social media websites, such websites are not affiliated with Sponsor or this Promotion. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, X, Instagram, TikTok or any other third-party website or application that might host content where information about this Promotion is published (collectively “Content Hosts”).
2. Promotion Period. The Promotion begins at 12:01 a.m. ET on March 3, 2024, and ends at 11:59:59 p.m. ET on March 3, 2024 (the “Promotion Period”). Sponsor is the official timekeeper of this Promotion.
3. Eligibility. The Promotion is open only to individuals that are legal residents of one of the 50 United States or the District of Columbia, Canada, the United Kingdom, and Australia age 18 or older (or over the age of majority in the jurisdiction of residency, whichever is greater), who at the time of entry have a valid and active account and are registered as a livestreamer on one or more of the Plenty of Fish, Chispa or BLK platforms (each, a “Platform”). Employees or agents of Sponsor or its parent or affiliate companies, vendors, suppliers, agencies, consultants, subcontractors or legal counsel, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee or agent, are not eligible. Legal entities are not eligible to enter. Eligibility is contingent upon agreement to, compliance with, and fulfillment of all requirements of these Official Rules.
4. How to Enter. NO PURCHASE OR OTHER CONSIDERATION NECESSARY. By participating in the Promotion in any way you will become an “Entrant.” During the Promotion Period, you will automatically become an Entrant by conducting at least one livestream on a Platform.
To be eligible, your livestream content must comply with the applicable Platform community guidelines and terms of use, which can be found at https://www.pof.com/terms and https://www.pof.com/communityguidelines, and must not contain any lewd, vulgar, indecent, defamatory, discriminatory, obscene, offensive or illegal conduct or material, or invade or infringe the rights of any individual or entity, including without limitation, privacy, publicity and intellectual property rights.
5. Conditions of Participation. Entrants may be required to provide the following information to be eligible for a Promotion prize: first, middle and last name, month, day and year of birth, email address, complete mailing address and phone number (collectively, “Personal Information”). All requested Personal Information must be provided to participate in the Promotion and to be eligible to win a prize.
In the event of a dispute as to the identity of Entrant, the authorized account holder of the Platform account used to enter will be deemed the Entrant. If the identity of the individual who actually participated in the Promotion cannot be resolved to Sponsor’s satisfaction, the affected individual’s participation will be deemed ineligible.
Entrants are subject to the Platform terms regarding collection, use and redemption of Diamonds, which can be found at https://www.pof.com/terms. Only Diamonds legitimately received by Entrant during the Promotion Period from other Platform users will be considered for this Promotion. Entrants may not obtain eligible Diamonds in this Promotion through any fraudulent means, by offering incentives to third parties, or by soliciting Diamonds specifically for this Promotion. An Entrant’s participation in “Diamond mining,” Diamond trading or any other act or scheme intended to artificially increase the number of Diamonds received during a livestream, as determined in Sponsor’s sole discretion, will result in disqualification.
Participation with the assistance of any generative artificial intelligence tools or models, or generated by an automated program, script or macro, or the use of any other similar device, program or method to enter this Promotion is prohibited and will result in disqualification. Sponsor may, in its sole discretion, disqualify any individual it finds to be in violation of these Official Rules, tampering with the operation of the Promotion (including without limitation, tampering with websites, email addresses or Platform accounts or livestreams), or acting in a non-sportsmanlike or disruptive manner. Any attempt to undermine the operation of the Promotion may be a violation of criminal or civil law, and Sponsor may seek damages to the fullest extent permitted by law from any person it finds to have made such an attempt.
6. Prize. There are 50 prizes available to be won. Approximate retail value (“ARV”) of all prizes is seventeen thousand United States Dollars (USD $17,000). Each prize consists solely of Diamonds allocated to each winner’s Platform account in the amounts set forth in Table 1 below.
Table 1
| Place | Diamonds | ARV |
|---|---|---|
| 1 | 1,000,000 | 2500 |
| 2 | 800,000 | 2000 |
| 3 | 600,000 | 1500 |
| 4 | 400,000 | 1000 |
| 5 | 400,000 | 1000 |
| 6 | 400,000 | 1000 |
| 7 | 300,000 | 750 |
| 8 | 300,000 | 750 |
| 9 | 200,000 | 500 |
| 10 | 200,000 | 500 |
| 11 | 200,000 | 500 |
| 12 | 100,000 | 250 |
| 13 | 100,000 | 250 |
| 14 | 100,000 | 250 |
| 15 | 100,000 | 250 |
| 16 | 100,000 | 250 |
| 17 | 100,000 | 250 |
| 18 | 60,000 | 150 |
| 19 | 60,000 | 150 |
| 20 | 60,000 | 150 |
| 21 | 60,000 | 150 |
| 22 | 60,000 | 150 |
| 23 | 60,000 | 150 |
| 24 | 60,000 | 150 |
| 25 | 60,000 | 150 |
| 26 | 60,000 | 150 |
| 27 | 40,000 | 100 |
| 28 | 40,000 | 100 |
| 29 | 40,000 | 100 |
| 30 | 40,000 | 100 |
| 31 | 40,000 | 100 |
| 32 | 40,000 | 100 |
| 33 | 40,000 | 100 |
| 34 | 40,000 | 100 |
| 35 | 40,000 | 100 |
| 36 | 40,000 | 100 |
| 37 | 40,000 | 100 |
| 38 | 40,000 | 100 |
| 39 | 40,000 | 100 |
| 40 | 40,000 | 100 |
| 41 | 40,000 | 100 |
| 42 | 40,000 | 100 |
| 43 | 40,000 | 100 |
| 44 | 40,000 | 100 |
| 45 | 40,000 | 100 |
| 46 | 20,000 | 50 |
| 47 | 20,000 | 50 |
| 48 | 20,000 | 50 |
| 49 | 20,000 | 50 |
| 50 | 20,000 | 50 |
Actual value of each prize may vary. No compensation or substitution will be provided for any difference in prize value. Diamonds awarded as prizes in this Promotion are not eligible for, and cannot be combined with, any Bonus Diamonds or other awards offered by Sponsor or through a Platform outside of this Promotion. Sponsor is not responsible for any cancellations, delays, postponements, diversions, substitutions, changes in service or any other act or omission, or result thereof, caused by any third party that are beyond the reasonable control of Sponsor. All prizes must be accepted as awarded without substitution and are not, in whole or in part, assignable, transferable or available for resale. Prizes have no cash surrender value, except where required by law. Sponsor has made no warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize. Prizes are subject to availability and Sponsor may substitute a prize (or a component of a prize) with another prize or component of equal or greater value if the prize is not available for any reason, as determined in Sponsor’s sole discretion. Other prize substitution options are available where required by law. All taxes and all other costs and expenses associated with acceptance and use of any prize not specified as being awarded are the winner’s sole responsibility. Prize specific terms and conditions apply. If the winner elects not to partake in any portion of the prize, any remainder of the prize that is unused will be forfeited and will not be subject to additional compensation. Any prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion.
If any potential winner is disqualified, not eligible, or for any other reason cannot accept the prize as stated, then Sponsor may select a new potential winner from the remaining pool of eligible Entrants using the process set forth in Section 7 below. Where legal, the winner may be required to submit, without alteration and in the form provided by Sponsor, a completed and signed Affidavit of Eligibility and Liability Release (the “Release”) within the required time period communicated in the Release to be eligible to receive or participate in any prize. United States residents winning any prize with an ARV of USD $600 or more may be required to submit a properly completed U.S. Department of the Treasury Internal Revenue Service Form W-9 and may be issued a U.S. Department of the Treasury Internal Revenue Service Form 1099 and related tax forms for the stated value of the prize. Canadian residents may be subject to tax withholding and are solely responsible for the reporting and payment of any applicable tax as a result of winning the prize.
Only 50 prizes will be awarded. In the event that any error or discrepancy causes more than the stated number of prizes as set forth in these Official Rules to be promoted, noticed or claimed, Sponsor may award only the stated number of prizes in accordance with Section 7 below (if such process has not already taken place at the time such error or discrepancy is discovered), or by selecting the winners from among all legitimate, unawarded, eligible prize claims received by Sponsor within 30 days of the end of the Promotion Period as a result of the process set forth in Section 7 below.
7. Winner Determination and Verification. The process leading to the selection of each potential prize winner is within the sole discretion of Sponsor. Within a reasonable time after the end of the Promotion Period, 50 potential winners will be determined from the pool of all eligible Entrants. The potential winners will be selected based on the total number of Diamonds received from other Platform users during the Promotion Period, a metric indicative of audience engagement with and appreciation for an Entrant showcasing aptitude in communication, presentation and audience interaction during a livestream. An Entrant’s total number of eligible Diamonds will be determined solely by Sponsor’s Platform tracking and reporting tools. The 50 Entrants with the highest number of Diamonds will be selected as the potential winners. In the event of a tie, the Entrant receiving the winning number of Diamonds first will be selected as the potential winner. Limit one prize per person and per household in this Promotion.
Potential winners are each subject to eligibility verification by Sponsor on an ongoing basis. An Entrant is not a winner of any prize, even if notified of being a potential winner, unless and until Entrant’s eligibility is verified to Sponsor’s satisfaction. To be verified as eligible to receive a prize, each potential winner must fulfill all requirements and continue to comply with all terms and conditions of these Official Rules, and not be disqualified for any reason. Sponsor will attempt to notify each potential winner by email or Platform messaging (subject to Sponsor’s discretion). If a potential winner cannot be contacted using the information provided, or fails to respond to Sponsor’s attempt to notify them of selection within five business days; if any prize or notification is returned as undeliverable or yields an error or undeliverable message (regardless of whether the message is ultimately delivered to the recipient); if a potential winner fails to sign and return the Release or any other required documentation or fails to comply with these Official Rules; if a potential winner is unable or unwilling to accept the prize or any portion as stated; or if a potential winner cannot be verified as eligible for any reason at any time before, during or after the Promotion Period, then that potential winner is disqualified and forfeits the prize, and an alternate potential winner will be selected from among the remaining eligible entries in accordance with this Section 7.
In the event that an Entrant or potential winner is disqualified or fails to claim a prize for any reason, the process set forth above will be repeated until all prizes are awarded, or until three attempts have been made to award each prize and each attempt has failed. EXCEPT AS REQUIRED BY LAW, IF ANY PRIZE REMAINS UNAWARDED FOR ANY REASON AFTER THREE ATTEMPTS, THAT PRIZE WILL NOT BE AWARDED IN THIS PROMOTION. If any winner is awarded and claims a prize, a winners list will be available on the contest leaderboard in the Sponsor application and may be published also on Sponsor’s social media accounts.
8. Limitations of Liability. By entering or participating in this Promotion or accepting any prize in any way, each Entrant agrees to indemnify, defend (regardless of ultimate liability), and hold harmless, and thereby does release and discharge Sponsor and Content Hosts, and each of their respective parent and affiliate companies, vendors, suppliers, agencies, consultants, subcontractors and legal counsel, and each of their respective parent companies and each such company’s officers, directors, employees and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such individual (collectively, the “Released Parties”) from and against all loss, liability, damage, injury, claim or cause of action related in any way whatsoever to this Promotion, these Official Rules, or the rights, consents and licenses granted to Sponsor under these Official Rules, including without limitation, violation of any agreement or obligation; infringement of any right of publicity or intellectual property; threatened or actual injury, loss or damage to any person, including sickness, disease, death and disability; defamation or portrayal in a false light (intentional and unintentional); invasion of privacy; and damage to or loss of property, arising out of such Entrant’s participation in the Promotion or receipt, use, non-use or misuse of any prize. To the maximum extent allowed by law, in no event will Released Parties be responsible for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of this Promotion. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. Check local laws for restrictions regarding these limitations or exclusions.
Entrants waive any right to claim ambiguity in these Official Rules. The Released Parties are not responsible for: (a) technical failures of any kind; (b) incorrect information, whether caused by Entrants, any internet or email service provider, any promotional or advertising agency, printing or computing errors, or by any of the equipment or programming associated with the Promotion; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error that may occur in the administration of the Promotion, the processing of entries or the announcement of any potential winner or prize; (e) any injury or damage to persons or property, including without limitation, computers, phones and tablets, that may be caused, directly or indirectly, in whole or in part, by Entrant’s participation in the Promotion or access to the Promotion materials; (f) the receipt, use or misuse of any prize; or (g) any other errors in any materials, information or announcements associated with the Promotion.
EACH ENTRANT WAIVES CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE), WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” EACH ENTRANT REPRESENTS AND WARRANTS FULL UNDERSTANDING OF, AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF, WAIVER OF CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY JURISDICTION).
9. LICENSE FROM ENTRANT. To the extent allowed by law, participation in the Promotion in any way constitutes each Entrant’s consent for, and grant of a non-exclusive, sub-licensable and assignable license to Sponsor to record, publish, post, display and otherwise exploit such Entrant’s name, social media handles, likeness, image, voice, aural and visual performance (together or independently), statements and hometown, regardless of whether altered, distorted or used alone or with other material, in Sponsor’s sole discretion, for commercial, promotional, marketing and trade purposes in any medium now known or later discovered, worldwide and in perpetuity, without review or approval, and without further notice, payment or consideration of any kind.
All rights, consents and licenses granted to Sponsor under these Official Rules or the Release will survive the termination of this Promotion. Such consents and licenses may only be revoked in writing, and the mere ending of this Promotion is not sufficient to revoke such consents or licenses.
10. Right to Modify or Cancel. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event any provision is found invalid or unenforceable, these Official Rules will otherwise remain in effect in accordance with their terms as if the invalid or unenforceable provision was never included. Sponsor’s failure to enforce any provision of these Official Rules does not constitute a waiver of that provision.
To the extent permitted by law, Sponsor may cancel, suspend or modify the Promotion or any part of it, in any way, if Sponsor determines in its sole discretion that the Promotion is not capable of executing as Sponsor intended, or that any error, omission, fraud, technical failure, tampering, computer virus or other factor, technical or otherwise, beyond Sponsor’s reasonable control, impairs or may impair Sponsor’s ability to properly conduct the Promotion. In such event, Sponsor may, but is not obligated to, award any applicable prize in accordance with the process set forth in Section 7 above from among the eligible Entrants up to the time of the cancellation, suspension or modification of the Promotion. Inclusion in such Entrant pool is Entrant’s exclusive remedy under such circumstances.
In the event of an inconsistency between these Official Rules and any information contained in any Promotion-related materials, these Official Rules will prevail and govern.
11. Disputes; CLASS ACTION WAIVER. Except where prohibited, Entrant agrees that: (a) all disputes, claims and causes of action arising out of or related to this Promotion or any prize will be resolved individually, without any form of class action, and Entrant consents to the personal jurisdiction of the appropriate federal or state court located in Dallas County, Texas for such purpose; and (b) all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees. The Promotion and these Official Rules are governed by and will be construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of laws rules that would cause the application of the laws of any other jurisdiction.
12. Privacy. By entering this Promotion, Entrant agrees to Sponsor’s manner of collection, use, retention and disclosure of Entrant’s Personal Information submitted or obtained in connection with the Promotion. Sponsor may collect and process Entrants’ Personal Information in connection with the Promotion for the purposes of administering and managing the Promotion. This processing is in order to fulfill a contract or take steps linked to a contract (including these Official Rules) and, if such processing is not provided, Entrant may not be able to enter into, and Sponsor may not be able to fulfill, the contract. Sponsor will retain the Personal Information that Entrant provides in connection with the Promotion for a period reasonably necessary for the purpose of administering and managing the Promotion. Personal Information collected from Entrant is subject to Sponsor’s privacy policy, which can be found at https://www.pof.com/privacypolicy, and may also be disclosed in connection with a public list of Promotion winners or participants, or pursuant to any license granted to Sponsor by Entrant under these Official Rules or the Release.