NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
AGREEMENT TO BE BOUND:
The sponsor of each Contest (as defined herein) is BFLY ("Sponsor"). By participating in a Contest, each Entrant (as defined herein) unconditionally accepts and agrees to comply with and abide by these Official Contest Rules and the Contest Terms (as defined herein) as well as the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission, and processing of Entries and the overall administration of each Contest. Entrants should look solely to Sponsor with any questions, comments, or problems related to the Contest. Sponsor may be reached by email at [email protected] during the Contest Period. Sponsor may modify, add to, suspend, or delete these Official Contest Rules or the Contest Terms, in whole or in part, at Sponsor’s sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the BFLY mobile software application (the “BFLY App.”). Your continued entrance in any Contest after modification, addition, or deletion of the Official Contest Rules or the Contest Terms shall be deemed to constitute acceptance by you of the modification, addition, or deletion.
Weekly Contests: Each week, or as otherwise determined by Sponsor, Sponsor shall host a contest for prizes (each "Weekly Contest") where the same shall begin each Sunday at 12:00 a.m. UTC-5and ends the following Saturday at 11:59:59 p.m. UTC-5(the "Weekly Contest Period"). Grand Prize Contests: In addition, Sponsor shall, from time to time, host a “Grand Prize Contest” where the same shall begin as disclosed in the BFLY App and shall continue until an Entrant has reached the level of Expert (as defined herein) (the “Grand Prize Contest Period.”) Ad Hoc Contests: In addition, Sponsor may, from time to time, host “Ad Hoc Contests” where the same shall begin as disclosed in the BFLY App and shall continue until the time and date set forth via the same (the “Ad Hoc Prize Contest Period.”). To qualify for Ad Hoc Contests, entrants must have reached the level of Expert. The Sponsor’s (as defined herein) database clock shall be the official timekeeper for the Contest. Collectively and for the purposes of these Official Contest Rules, each Weekly Contest, Ad Hoc Contest and Grand Prize Contest shall be known as a “Contest.” Collectively and for the purposes of these Official Contest Rules, each Weekly Contest Period, Ad Hoc Contest Period, and Grand Prize Contest Period shall be known as a “Contest Period.”
SPECIFIC CONTEST TERMS:
For each Contest, BFLY shall specifically announce within the BFLY App the following specific Contest information: (i) exact start/end time and date of the Contest Period; (ii) methods of Entry, which may include the Entry methods set out in these general rules; (iii) the exact time, date, and method of selecting a Winner; and (iv) a description and approximate value of the prize(s) to be awarded (collectively, the “Contest Terms.”)To the extent these Official Contest Rules differ from any specific Contest Terms, the Contest Terms shall control.
Persons meeting the following criteria and any specific Contest Terms may be considered an “Entrant” to a Contest. Entrants must be active users of the BFLY App and must further be a verifiable professional in the hospitality, nightlife, and/or entertainment industry.Entrants must be legal residents of the United States or Canada and have a minimum age if twenty-one (21) years old.Sponsor, and its respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising, and promotional agencies and each of their respective officers, directors, and employees (the "Contest Entities"), are ineligible to enter a Contest or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. "Household Members" shall mean those people who share the same residence at least three months a year. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Void for residents of Puerto Rico, the U.S. Virgin Islands,all other U.S. territories, U.S. military institutions in foreign countries,and residents of the Canadian province of Quebec. Grand Prize Contests are void for residents of the state of Rhode Island. Notwithstanding the forgoing list of countries and territories, a Contest and/or eligibility for a Contest is void where prohibited or restricted.
Each week a new set of Weekly Contest prizes, number of available prizes, and their approximate manufacturer’s suggested retail value or shall be announced together with the Contest Terms. Upon the announcement of a new Grand Prize Contest or Ad Hoc Contest, the prize and its approximate manufacturer’s suggested retail value or shall be announced together with the Contest Terms. Only one (1)Weekly or Ad Hoc Contest prize per person and per household will be awarded per every ninety (90) calendar day period. Only one (1) Grand Prize Contest prize per person and per household will be awarded per year (365 day) period. Prizes cannot be transferred, redeemed for cash or substituted by a Winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in the Contest Terms is unavailable or cannot be awarded, in whole or in part, for any reason. The approximate manufacturer’s suggested retail value of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated approximate manufacturer’s suggested retail value, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety, or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items. Failure to comply with the Official Contest Rules and/or the Contest Terms will result in forfeiture of the prize.
PRIZE-RELATED EXPENSES; TAXES:
All federal, state, and/or local taxes, fees, and surcharges are the sole responsibility of the prize Winner. All prize Winners whose cumulative annual winnings from any Contest equal or exceed a value of $600 per calendar each, such Winners shall be required to submit to Sponsor tax reporting documentation as may be requested by Sponsor within five (5) calendar days of notification of winning or the prize shall be forfeited and a new winner selected.This may include a IRS Form W-9.
HOW TO ENTER:
For Weekly and Grand Prize Contests, Entrants may enter (opt-in)such Contest via the BFLY mobile app, during the Contest Period, by completing entry methods (each an “Entry,”) to earn points towards prizes (collectively, “Experience Points.”). Once an entrant opts-in for a weekly prize, the user will now be considered a participant in the contest. Once an entrant opts-in for the grand prize, the entrant will now be considered a participant in the contest and a requisite number of Experience Points will be deducted in order to enter. No purchase of goods or services or payment of money is required to earn Experience Points.Experience Points may be earned through a variety of methods, as set forth in the BFLY App and the Contest Terms and as modified from time to time, in Sponsor’s sole and exclusive discretion. Sample entry methods may include sharing a recipe or completing a profile or task within the BFLY App. In order to qualify for any contest, the entrant must have acquired the requisite experience points or must have attained the requisite level prior to the commencement of the contest start date/time.
To qualify for an Ad Hoc or Grand Prize Contest, the entrant must have reached the level of Expert. To enter the contest, the entrant must voluntarily opt-in to be considered a participant. For each Grand Prize contest, the entrant will be deducted a published number of Experience Points as an entry fee. For each contest, the entrants will be required to submit to the same Experience Points deduction to enter. Upon contest award, entrants who were not selected as the winner will be refunded 1/2 (one-half) of the Experience Points required to enter the contest. In the initial months of the BFLY Leaderboard implementation (for the initial set of Movers), the grand prize entry fee will be 2,000 XP’s. This number may at BFLY’s discretion as the number of users increases in order to keep the contest fair for all parties involved.
Over time, the accumulation of experience points by entrants allow users to attain varying levels of expertise defined as:
- Beginner: Levels 1 – 9
- Intermediate: Levels 10 – 15
- Expert: Levels 16 - 25
As a Beginner level user (Levels 1 – 5), a user can increase his level by earning 100 Experience Points. For a Beginner level user(Levels 6 – 9,) a user can increase his level by earning 500 Experience Points. As an Intermediate level user at (Levels 10 – 15), a user can increase his level by earning 750 Experience Points.For an Expert level user (Levels 16 – 25), a user can increase his level by earning 1,000 Experience Points. If a Beginner user (Levels 1 – 9) is inactive on the BFLY app for 2 consecutive weeks, there will be no deduction in Experience Points. After 2 weeks of continuous inactivity, the Beginner user will be deducted 25 Experience Points per week. If an Intermediate user (Levels 10 – 15) is inactive on the BFLY app for 3 consecutive weeks, there will be no deduction in Experience Points. After 3 weeks of continuous inactivity, the Beginner user will be deducted 50 Experience Points per week. If an Expert user (Levels 16 – 25) is inactive on the BFLY app for 4 consecutive weeks, there will be no deduction in Experience Points. After 3 weeks of continuous inactivity, the Beginner user will be deducted 100 Experience Points per week. For Ad Hoc Contests, Entrants may submit as an Entry a single photograph, recipe, or other form of Entry as announced together with the Contest Terms. For all Contests, unless stated otherwise in the Contest Terms, Entrants must have the following minimum number of followers on the BFLY App in order to be considered for a prize:
Weekly Contests: 5 followers Ad Hoc and Grand Prize Contests: 10 followers
Automated or robotic Entries submitted by individuals or organizations will be disqualified. Each Entry must be made by the Entrant. Any attempt by Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, misrepresentations, identities, registrations, logins, or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant's Entries, and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Contest Period in order to participate. Entries become the exclusive property of Sponsor and will not be returned or acknowledged.
Entrants do not need to be present to win. Weekly Contest winners (collectively with Grand Prize Contest winners each a “Winner”) will be determined based on the Entrant with the highest number of earned Experience Points during the Weekly Contest Period or all Entrants earning a determined number of Experience Points during the Weekly Contest Period, as applicable and where set out in the Contest Terms. Grand Prize Contest Winners will be determined based on Expert Level Entrants who accumulates the most Experience Points during the Grand Prize Contest Period. Ad Hoc Contest Winners will be determined based on the highest number of votes given by users of the BFLY App or as otherwise set out in the Contest Terms. Winners will be determined at noon UTC-5 on the Monday following the Contest Period. Each Winner will be determined by Sponsor or its designated representatives, whose decisions are final. In the event of a tie where multiple Entrants have earned the same number of Experience Points or votes during the Contest Period, Sponsor or its designated representatives shall conduct a random drawing between said Entrants where the result of the same shall be binding and final.
CONSUMER DISCLOSURE OF ODDS:
Odds of winning will vary depending on the number of eligible Entries received.Winners will be selected from the cumulative collection of Entries and Entrants.
Winners will be notified by email at the email address provided upon registration for the BFLY App and may further be notified via a “push” message within the BFLY App. Winners will be notified approximately five (5) business days after the Winner has been selected. In order to be declared the Winner, the selected entrant must, within seven (7) calendar days after notification provide or otherwise return the Sponsor the following:(1) correctly answer a time-limited mathematical question, to be administered online; (2) provide two forms of identification, one of which must be copy of Winner’s photo id where the name thereon must match exactly that provided upon entry; (3) tax documentation as requested by Sponsor, if applicable; (4) a signed Eligibility Statement and Release of Liability; and (5) a Publicity Release.Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account. Winner’s failure to comply with the same will result in prize forfeiture. Winners are notified that in the event Sponsor cannot verify that a Winner is a professional in the hospitality, nightlife, and/or entertainment industry via the in-App location services setting, Winner shall be disqualified.
LIMITATION OF LIABILITY:
Sponsor disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose for any and all prizes. Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate Entry information or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction, or alteration of Entries at any point in the operation of any Contest; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers, or providers utilized in any aspect of the operation of a Contest; (d) inaccessibility or unavailability of any network or wireless service, the Internet, or website or any combination thereof; (e) suspended or discontinued Internet, wireless, or landline phone service; (f) any injury or damage to Entrant’s or to any other person’s computer or mobile device, which may be related to or resulting from any attempt to participate in a Contest or download of any materials in a Contest; (g) any injury or damage that may occur to the Winner or his/her belongings while attending the event he/she selected; and (h) any injury or damage that may arise out of the acceptance and use, misuse, or possession of any prize awarded here under. The Sponsor is not responsible for ANY travel expense associated with a prize unless the prize otherwise explicitly states the same are included, including, but not limited to: airplane tickets, meals,and/or accommodation.Unless otherwise stated, Sponsor is ONLY responsible for electronically sending tickets to the Winner. Prizes are subject to Sponsor’s sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Contest Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The Sponsor expressly states does not have a commercial relationship or interest with any of the companies that may provide prizes or hose the events for which a prize may be awarded, and, therefore, it is not responsible for any eventuality that may occur related to the same. If, for any reason, a Contest is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of a Contest, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend a Contest in whole or in part. In such event, Sponsor shall immediately suspend all Contests and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total approximate manufactures’ suggested retail value as set forth in the Contest Terms) in a manner deemed fair and equitable by Sponsor. Sponsor shall not have any further liability to any participant in connection with a Contest.
IN NO EVENT WILL SPONSOR, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES,AGENTS,THIRD -PARTY CONTENT PROVIDERS,LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ANY PRIZE BE LIABLE FOR ANY DAMAGES,INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO OR ARISING FROM ANY CONTEST.
ENTRANT AGREES TO DEFEND,INDEMNIFY,AND HOLD SPONSOR HARMLESS,AS WELL AS SPONSOR’S AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL CLAIMS AND EXPENSES,INCLUDING ATTORNEYS' FEES,ARISING OUT OF OR RELATED TO PARTICIPATION IN ANY CONTEST RUN BY SPONSOR AND/OR ANY PRIZES WON.
SOCIAL NETWORK DISCLAIMER:
WINNER LIST/OFFICIAL CONTEST RULES:
For accessing a Winners’ List, see the Winners’ List available within the BFLY App or contact us at [email protected] The Winners’ List will be posted after Winner confirmation is complete.
These Official Contest Rules and the Contest Terms will be governed and construed in accordance with the laws of the State of Maryland without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Prince George’s County, Maryland, and any cause of action which arise from or relate to a Contest or from interpretation of these Official Contest Rules and/or the Contest Terms must be filed in the state and federal courts located in the Prince George’s County, Maryland,subject to the arbitration provisions contained herein.
Entrant agrees that any dispute concerning, relating, or referring to these Official Contest Rules or the Contest Terms, shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association.Such proceedings will be governed by and in accordance with substantive Maryland law and shall be held in Prince George’s County, Maryland.The arbitrator and not any local, federal, state, territorial, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction. Either or both parties may initiate the arbitration proceedings, and both shall share the expenses and fees of the arbitration equally. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, by striking from a list of arbitrators supplied by the American Arbitration Association.
BarLink, LLC d/b/a BFLY, a Maryland limited liability company with a registered address located at 5431 Woodland Boulevard, Suite B, Oxon Hill, Maryland 20745; [email protected]; 800-214-5814.