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STARTAPP INC. ("StartApp") PROMOTION TERMS AND CONDITIONS

STARTAPP INC. ("StartApp") PROMOTION TERMS AND CONDITIONS

This Promotion ("Promotion") is valid and in effect as of December 1st 2016 ("Start date") and until December 31st 2016 Eastern Standard Time ("End date"). Revenues and/or spend received after the End Date shall not be counted for any purpose under this Promotion.

  1. Qualifications
    1. The promotion is open to owners of active publisher and advertiser accounts on the StartApp advertising platform, which existed prior to the beginning of the promotion.
    2. Participants must be over the age of legal capacity that applies in the jurisdiction in which they reside and in any event at least 18.
    3. The participating account must actively sign up for the Promotion from the Promotion sign up page and consent to these T&C of the Promotion until December 31st , 2016.
    4. Valid and live URLs must be provided in the apps and sites section of the portal.
    5. Participant must fill out valid shipping, email, payment details and mobile phone number.
    6. Participant agrees to the use by StartApp of Participant's contact information and details in order to deliver marketing and other advertising material.

 

  1. Promotion Details
    1. On the End Date, StartApp shall calculate the total revenues and/or spend received by the participant from his account with StartApp since the Start Date ("New Revenues and/or spend"). The New Revenues and/or spend shall be compared to the revenues and/or spend received by the participant from his account with StartApp during the calendar month ending on November 30th, 2016 Eastern Standard Time ("Old Revenues and/or spend").
    2. If the New Revenues and/or spend are greater from the Old Revenues and/or spend by the amounts set forth in Section 3 below, participant shall be entitled to receive a single reward from the rewards listed opposite to the applicable amount of increased revenues and/or spend as set forth in Section 3.
    3. Participants cannot earn rewards on multiple accounts.
    4. All data for the purpose of calculating the Old Revenues and/or spend and New Revenues and/or spend shall be based solely on StartApp’s reporting system, which data shall be conclusive for such purpose.

 

  1. Rewards
    1. Participant's entitlement to rewards shall be as mentioned in the email and banner.

The prize tiers presented on the banner and email is the only valid prize tier for your account ID.

  1. The tiers will not be accumulated, only one reward will be given according to the participant's earnings and/or spend .
  2. Any cost, if any, that may be accrued in connection with the prize, not specifically and explicitly stated herein as being awarded, shall be at the expense of the participant.
  3. Notwithstanding anything to the contrary, StartApp's contribution to the reward shall not exceed, and shall be limited to, the amount set forth opposite to the respective reward. To the extent exercising the rewards requires payment of additional cost, those will be borne solely on the participant.
  4. Non-cash rewards are subject to availability. In the event that an advertised non cash reward is unavailable for StartApp to supply, for any reason whatsoever, StartApp reserves the right to provide the alternative cash reward applicable to the same tier.
  5. StartApp reserves the rights to provide the alternative payment reward (set forth for the applicable tier) at its sole discretion. Notwithstanding the foregoing, StartApp may change the rewards from time to time, at its sole discretion, without prior notice.
  6. Cash rewards will be paid out according to a NET60 payment schedule.
  7. Participant may claim or exercise the reward in the period ending six months following the End Date. Rewards not claimed or exercised (including, for the avoidance of doubt, flight tickets and hotel rooms) following 60 days from the End Date shall be deemed forfeited and void.
  8. In addition to the foregoing, for all rewards which include flight or hotels, the following shall apply:
    1. StartApp will be responsible to make the reservation for hotel and flight. Selection of the Hotel flight and airline (including luxury level and class) shall be at StartApp's sole discretion.
    2. Participant shall be solely responsible to advise StartApp of the dates in which participant would like to exercise the non cash reward.
  • StartApp shall make reasonable efforts to comply with participant's requests. StartApp provides no guarantee that it will be able to secure the available plane or tickets or hotel rooms for the dates requested by the participant.
  1. In case there are no available flight tickets or hotel rooms for the dates requested by the participant, it is participant's sole responsibility to advise StartApp of alternative dates, and the provisions of this section shall apply to the new dates, mutatis mutandis (subject to section 3(h) above).
  2. Once a flight and/or hotel is booked, no changes are permitted.
  3. Participant is solely responsible for providing travel documentation, including but not limited to valid Passport and Visa.
  • For the avoidance of doubt, all extra charges, including but not limited to parking fees, supplemental hotel surcharges, additional meals, gratuities and ground transportation to be covered by the participant. Any penalties incurred will also be the responsibility of the participant. Additionally, any visas and/or travel insurance shall be the sole responsibility of the participant, who shall solely be responsible for the payment of any costs with respect to the foregoing.
  • Startapp shall not be responsible in any way whatsoever to any loss damage, and/or bodily harm occurring in connection with travel rewarded hereunder.
  1. For the avoidance of doubt, participant acknowledges that StartApp has no connection to the airlines and hotels, and that StartApp is not and shall not be deemed to be, a travel agency. Accordingly, StartApp shall not be responsible for any changes in the flight details after the reservation was made, and it is participant's sole responsibility to check for changes in the flight details.
  2. Participant's boarding the flight is subject, inter alia, to the immigration authorities and the airline's discretion, and StartApp shall not be responsible for any event in which participant's boarding the flight is denied, for any reason whatsoever.
  3. Once the reservation made by StartApp is confirmed by the airline/hotel/travel agency, StartApp shall not be responsible, and shall not be required to provide alternatives, in any event that participant's boarding the flight is denied or there is no available hotel room for the participant, for any reason whatsoever, including but not limited due to over-booking by the airline/hotel.
  • StartApp shall not be responsible, and participant hereby waives any claim against StartApp, its officers, employees, agents and shareholders, for any of the events listed in section 3 herein.
  1. Taxes
    1. StartApp is not responsible for taxes or other obligatory payments to any governmental authority related to the rewards, which shall be the sole responsibility of the participant.
    2. If under any law or regulation, tax is required to be withheld at source in connection with the delivery of any reward to participant under the Promotion, StartApp may withhold said tax at source. StartApp may set-off the amount so withheld from any payment due to participant under the Promotion or otherwise.

 

  1. Shipment
    1. Shipment method of the rewards will be at StartApp's sole discretion.
    2. StartApp shall not be responsible, and participant hereby irrevocably waives and holds StartApp harmless against any claim regarding failure of the shipment to timely arrive or to arrive at all, as well as regarding the state or condition in which the prize arrives to participant. StartApp's undertaking as set forth herein shall be deemed completed upon delivery of the prize to the shipper.
    3. The rewards will be provided by StartApp "AS IS" and StartApp is not responsible or liable for any warranty, quality or condition of the rewards. StartApp expressly disclaims all warranties and representations, express or implied, in connection with the rewards to be provided under the Promotion.

 

  1. General Terms
    1. Participation in the Promotion subject to the terms, conditions and regulations of the StartApp [HTTP://WWW.STARTAPP.COM/TERMS/]. StartApp reserves the right to modify, add or delete these promotion rules at any time with or without notice, though StartApp will attempt to provide reasonable notice in all instances as appropriate.
    2. These Terms and Conditions are a supplement and do not replace the terms and conditions of StartApp's terms and conditions and DK License Agreement.
    3. In case of fraudulent activity (which shall be determined by StartApp's sole discretion, without the need to provide any notice to participant), StartApp reserves the right to: (i) withhold the reward; and/or (ii) demand return of the reward or repayment of its value; and/or (iii) withhold the reward's value from any amounts due to the participant from StartApp, whether under the Promotion or otherwise. StartApp further reserves the right to cancel or amend the Promotion and these terms and conditions without notice.
    4. Any rewards, bonuses, prizes or perks are not transferable.
    5. Participant hereby agrees to the use of success stories from this Promotion that will be featured in StartApp’s marketing literature including StartApp website, social media, and sales collateral, without any payment or further permission.
    6. Other than the delivery of the prizes in accordance with these terms & conditions and except as required by mandatory applicable law, StartApp shall have no liabilities or responsibilities under the Promotion. Specifically, StartApp shall not be liable for any direct or indirect damage or loss occurred to the participant in connection with the Promotion.

 

 

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