Terms and Conditions
THIS LEGAL AGREEMENT BETWEEN YOU AND FREEAPPWIN (THE “APPLICATION”) of TapGen Corp. (“TapGen”) GOVERNS YOUR USE OF THE FREEAPPWIN APPLICATION. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS YOU MAY NOT USE THE APPLICATION.
We may collect the following information:
Name, contact information including email address, demographic information such as state, country, age.
We may display your name and demographic information if you are one of the winners in the Contests provided. The information will be displayed on our Facebook page and within our Application.
If you provide us with your email, we will not share your email address with any third parties. However we may regularly send you messages that may include: notifications about contests, including prize notifications for our contest and sweepstakes; reminders to perform activities; new feature updates; upgrade updates.
We are committed to ensuring that your information is secure and protected. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
REQUIREMENTS FOR USE OF FREEAPPWIN
This APPLICATION is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
TapGen reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the APPLICATION. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the APPLICATION will be deemed acceptance thereof.
All text, graphics, user interface(s), photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the ‘look and feel’ and arrangement of such Content, contained in this Application is owned, and controlled by TapGen, and is protected by copyright and other intellectual property rights and unfair competition laws. No part of the Application and no Content may be copied, reproduced, or distributed in any way to any other computer, server, website or other medium without TapGen’s express prior written consent.
IPOD, IPAD, IPHONE (THE ‘DEVICES’) GAMES AND APPLICATIONS
Updates to your existing compatible DEVICES firmware may render your downloaded version of a DEVICE Game AND/OR Application incompatible. Games AND/OR Applications obtained through the use of the APPLICATION may not be compatible with future generations of the DEVICES.
GIFT CERTIFICATES, ITUNES CARDS, ALLOWANCES, AND CONTENT CODES
Any Gift Certificates, PayPal payments, Gift Cards, iTunes Cards, Content Codes, and Allowances, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold. Unused balances are not transferable. Any Gift Certificates, PayPal payments, Gift Cards, iTunes Cards, Content Codes, and Allowances received may be redeemed through the Services in the United States or in the countries where those services are available. It is solely your responsibility to verify if these services are available in the country where you plan to redeem your Gift Certificates, PayPal payments, Gift Cards, iTunes Cards, Content Codes, and Allowances. Neither TapGen nor its affiliates nor Apple nor Amazon is responsible for lost or stolen Gift Certificates, PayPal payments, Gift Cards, iTunes Cards, Content Codes, or Allowances.
We may terminate your right to use the Application immediately, without notice to you, if, in our sole discretion, you fail to comply with any of these terms and conditions of use or engage in any fraudulent, criminal or other unauthorized activity. We may also close and terminate your account due to inactivity.
TAPGEN AND THE SERVICES OFFERED THROUGH FreeAppWin APPLICATION THEREON ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY.
Official Contest Rules
NO PURCHASE OR DOWNLOAD NECESSARY.
The FreeAppWin Contest (the ‘Contest’) is open only to entrants who are 18 years of age or older at time of entry, and a legal resident of the fifty (50) UNITED STATES or the District of Columbia (excluding PUERTO RICO), CANADA (excluding the Province of Quebec), UNITED KINGDOM, AUSTRALIA, BELGIUM, THE NETHERLANDS, Russia and Ukraine. Entrants under the age of majority in their local jurisdiction of residence must obtain a parent’s or legal guardian’s consent before participating, and by participating represent that they have done so in written form to the contest Sponsor upon request at any time, without which they may be immediately disqualified from the Contest. Entrants must enter the Contest through the FreeAppWin iOS application (the ‘application’) accessible in your country of residence through iOS iTunes or Android software. The Rules in your country of residence govern your participation in the Contest. Entries are limited to individual consumers only; commercial enterprises and business entities are not eligible. Directors, officers, employees, contractors, and agents of TapGen Corp. are not eligible. Subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. A correct answer to a skill testing question will be required for some entrants depending on their geographic location.
The Sponsor of this Contest is TapGen Corp., Toronto, Ontario, Canada (‘Sponsor’). Neither Apple Inc., Amazon.com, Facebook Inc. nor any of the aforementioned affiliates are in any way affiliated with our contests. All questions regarding this contest should be directed in electronic form through our contact form at www.tapgen.com.
*Amazon.com is not a sponsor of this promotion. Except as required by law, GCs cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods on Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued and ©2011 by ACI Gift Cards, Inc., a Washington corporation. ©,®,™ Amazon.com Inc. and/or its affiliates.
The Contest(s) can run hourly, daily, weekly and/or monthly or any other duration set by the Sponsor from FreeAppWin iOS or Android application launch until such time that the Sponsor decides to stop the Contest(s) (‘Contest Period’). Only entries submitted in the time period of the specified contest will be accepted. Sponsor’s computer is the official time keeping device for any active Contest(s).
How to Enter.
Entrants will need to go to iTunes or Android PlayStore to download the FreeAppWin application on your iOS device (iPhone or iPod or iPad) or Android device and enter the contest(s) by hitting the ‘Enter Contest’ button. You maybe required to complete the contest entry form including your name, age, valid email address, country/location and read and accept the terms. Once your entry is complete, hit the ‘Submit’ or ‘Enter Contest’ button to submit an entry. Entrants can enter each day the daily, weekly and monthly contest(s) or any other contest types hosted by the Sponsor. More entries can be collected by referring friends or downloading Sponsor apps.
Limit: Entries for the monthly contest are limited by the number of days in a month the entries are made and entries for the daily contest are limited to one a day. Any additional entries could only be awarded by the Sponsor at their discretion. The use of any automated launching or entry software or any other means that permits the entrant to automatically enter repeatedly or in excess of the entry limitations is prohibited. Only entries received during the Contest Period will be accepted. Only a user of FreeAppWin will be deemed to be the entrant for entries via the application. The authorized account holder of the email address used on the online form to enter will be deemed to be the entrant for entries via the application entry form. The ‘authorized account holder’ is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to show proof that they are the authorized account holder or the entrant.
Sponsor is the sole judging organization whose decisions as to the operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Contest. For all running contests the prize will be released within 72 hours of the potential winner acknowledgement. Only one Grand Prize entrant will be randomly selected from all entrants as the winner per day, week or month unless otherwise announced by the Sponsor. Each entrant’s chances of winning are dependent upon the number of eligible entries received for each contest period.
Verification of Potential Winners.
To win a prize, the potential winner must continue to comply with all terms and conditions of these Official Rules. The potential winner will be notified by email and in App message within approximately three (3) days following the selection of each winner. The potential winner is required to acknowledge that he is the rightful owner of the full name and email submitted for the given Contest entry or during the claim process before the prize is released. If no email or other electronic form (provided by the Sponsor) of acknowledgement is received by the Sponsor within 72 hours from the intial electronic notice sent by the Sponsor, the prize will be deemed forfeited and awarded to an alternate winner by random drawing from among all remaining eligible entries for the Contest or returned back to the prize pool of the Sponsor. In the event that a potential winner is disqualified for any reason including but not limited to no acknowledgement, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries for the Contest. The Sponsor is not responsible for ensuring successful delivery of the potential winner email notice and carries no obligation to release any prize amount in the event that the email did not reach the potential winner due to email server delays or faulty operation of any electronic delivery method or for any other unforeseen reasons including but not limited to illness, accidents etc..
Winners will receive one (1) USD currency email gift certificate (the ‘Gift Card’). The prize value will range from $0.99 to $500 or more and is determined by the Sponsor for each contest. Other prize types may include USD PayPal payment; App Store promotional app code redeemable for a specific application on the App Store. All prize types are solely determined by the Sponsor for each contest and may vary by Contest.
Limitations of Prizes.
Sponsor makes no warranties with regard to any prize. No cash or other substitution is permitted, except as provided herein at the Sponsor’s sole discretion. Prize is nontransferable, unless otherwise specifically approved by Sponsor in writing. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. The winner is solely responsible for all applicable taxes, fees and surcharges associated with prize receipt and/or use.
By receipt of any Sweepstakes prize, winner agrees to release and hold harmless Sponsor and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each such company’s officers, directors, employees and agents (collectively, the ‘Released Parties’) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest(s) or receipt or use or misuse of any prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
The winner agrees to allow Sponsor to use his or her name, likeness, voice, prize information, and biographical information for publicity and promotional purposes without further compensation where permitted by law.
Conditions of Participation.
Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with Sponsor’s web site, application, the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Disclaimer and Limitation of Liability.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, TRAFFIC CONGESTION OR DISCONNECTIONS IN PHONE OR INTERNET LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE CONTEST; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST OR THE PROCESSING OF ENTRIES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OR MISUSE OF ANY PRIZE INCLUDING ANY INJURY OR DAMAGE TO ENTRANT’S OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING ANY MATERIALS IN THE CONTEST.
These Rules and this Contest are governed by and controlled by the laws of the Province of Ontario, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the Province of Ontario, Canada. The parties consent to the jurisdiction of the provincial courts of Ontario and the federal courts located with such province and country with respect to any action, dispute or other matter pertaining to or arising out of this Contest. This Contest is subject to all applicable laws. Void where prohibited.
The winner will be listed in the Application under the Completed Contests section or online at http://www.facebook.com/FreeAppWin/app_230936210272001 within approximately ten (10) days following the end of the Contest Period or sooner. Individuals may request the name of the winner by submitting a self-addressed, stamped envelope before the end of the Contest Period to: FreeAppWin Contest, 1 Yonge Street, Suite 1801, Toronto, Ontario, M5E 1W7, Canada.
These Terms, Conditions and Contest Rules were last updated on October 6, 2012.