Aptos Foundation

Contests, Sweepstakes and Other Promotions - General Terms

  1. Applicability.  These General Terms apply to all contests, sweepstakes, giveaways, and other promotions (each, a “Promotion”) offered by Aptos Foundation unless modified or superseded by the terms and conditions or the rules written for a specific Promotion (the “Specific Terms”).  In the event that any provision of the Specific Terms conflicts with any provision of the General Terms, the provision of the Specific Terms shall control.  The General Terms and the Specific Terms, and the Terms of Use for the Aptos Service (to the extent applicable), are collectively referred to as the “Official Rules.”

  2. Decisions of Sponsor.  The Sponsor of the Promotion (as stated in the Specific Terms) reserves the right in its sole discretion to interpret the Official Rules of any Promotion, and such interpretation and all decisions by the Sponsor shall be final and binding upon all participants in the Promotion (“Participants”).  Sponsor reserves the right to disqualify any Participant that Sponsor determines, in its sole discretion, violates the Official Rules.  Sponsor reserves the right, in its sole discretion, to modify, extend, suspend, cancel, and/or terminate the Promotion, or any part of it, at any time.  If for any reason this Promotion is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, programming errors, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then Sponsor reserves the right at its sole discretion to modify, extend, suspend, cancel, and/or terminate the Promotion, or any part of it, and award the prize or promotional item from valid entries received up to the suspension or termination date.  Sponsor reserve the right to correct typographical errors and to modify the Official Rules to reflect non-material updates to the Promotion.

  3. Entries and Request Forms.  Entries and request forms (“entries”) will not be acknowledged or returned.  No late, illegible, incomplete, or altered entries will be accepted.  Proof of submission of an entry does not constitute proof of receipt.  Any person who attempts to participate with multiple e-mail and/or street or postal addresses, under multiple identities, or uses any scheme, device or artifice to submit multiple entries in violation of any limitation will be disqualified.  In case of dispute, an on-line or email entry will be deemed made by the authorized account holder of the e-mail address used to submit entry or otherwise associated with the online or social media account used to submit the entry.  The “authorized account holder” is the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or administering accounts on behalf of such provider.

  4. Submissions.  If the Promotion allows or requires you to submit a photo, video, essay, or other creative material (each a “Submission”), your submission must comply in all respects with the following guidelines, and must not constitute any of the Prohibited Activities specified in our Terms of Use, or your Submission may be disqualified or taken down.  

  5. The Submission must be Participant’s own original work, executed solely by Participant.  Modifying, enhancing or altering a third party’s preexisting work does not qualify as Participant’s own work.

  6. The Submission must not contain material that violates or infringes the rights of another person or entity including, but not limited to, privacy rights, rights of publicity, copyright, trademark, or other intellectual property rights.

  7. The Submission must not refer to or display the trademarks, brand names, or product names of anyone other than Sponsor.

  8. You must have written permission from any person that appears in your Submission granting the right to make the Submission and to grant the rights granted in the Official Rules.

  9. The Submission must not include the names or other indicia identifying any person, living or dead, (other than historical or public persons) without permission.

  10. The Submission must not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, or any other information that may be used to contact or impersonate that individual.

  11. The Submission must not: (i) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (ii) promote violence, bigotry, racism, hatred or harm against any group or individual; or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; (iii) promote gambling, alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (iv) be indecent, obscene, profane or pornographic; or (v) suggest or be in violation of any law.

By submitting a Submission, Participant represents and warrants that the Submission complies with the requirements set forth in the Official Rules and has not been previously published.  Sponsor reserves the right to take down or not otherwise use any Submission.

Participant agrees that Sponsor is free to post, disclose or otherwise use the Submission and the ideas contained therein without any compensation to the Participant or any third party.  Participant hereby grants Sponsor and its licensees an irrevocable, unlimited, worldwide, license and right to reproduce, publish, use, modify, edit, excerpt, and publicly display and perform the Submission in any way, in any and all media, now known or created in the future, and for adverting, marketing, public relations, and promotional purposes, without any right to review or approve any use or changes, and without consideration to the Participant or any third party.  

SUBMISSIONS ARE THE VIEWS OR OPINIONS OF THE PARTICIPANT AND DO NOT NECESSARILY REFLECT THE VIEWS OF SPONSOR. Any Submission will be deemed made at the direction of the Participant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.

  1. Prizes or Promotional Items.  All prizes or promotional items are provided “AS IS” without any warranty of any kind from Sponsor.  All prizes and promotional items are subject to availability and other restrictions.  Prizes and promotional items are non-transferable and no cash redemption or substitution allowed, except at Sponsor’s sole and absolute discretion.  Sponsor reserves the right at any time to substitute any prize or promotional item or a component thereof for any reason with an item of equal or greater value, including, without limitation, at the Sponsor’s sole discretion, a cash award.  If gift cards or event tickets are included, they are subject to the terms and conditions associated with the gift cards or tickets.  In no event will more than the stated number of prizes or promotional items be awarded.  If for any reason, more prize or promotional award notices are sent, or prizes or promotional items are claimed, than are intended to be awarded, Sponsor reserves the right to award the actual number of prizes or promotional items through a random drawing from among all verified and validated claims received.

  2. Prize Notifications.  Sponsor will attempt to notify the potential winners of any prizes as set forth in the Specific Terms but is not responsible for any failure to notify a winner beyond Sponsor’s reasonable control.  Each prize will only be awarded to a verified winner.  If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded.

  3. Taxes.  All federal, state and local taxes imposed on the acceptance of a prize or promotional item are solely the responsibility of each recipient.  If the prize winner in a sweepstakes or contest receives prizes with a value of $600 or more, the winner will be required to provide the winner’s social security number on IRS Form W-9 and will be issued a form 1099-MISC for tax purposes in the amount of the value of the prizes.  Sponsor may be required by law to collect or withhold taxes from any winner.

  4. Mobile Devices.  If you participate via a smart phone or other mobile device, message and data rates may apply.  Not all cellular service providers offer the service necessary to participate in this Promotion through a mobile device. Please check with your provider for specific capabilities and pricing.

  5. Communication Failures.  Sponsor is not responsible for any incomplete, lost, stolen, late, misaddressed, misdirected, or undelivered entries, prize notifications, or other mail, emails or messages, including without limitation e-mails or messages that are not received because of a winner’s privacy or spam filter settings which may block or divert such notifications to a spam or junk folder.

  6. Technology Failures.  Sponsor is not responsible for failures or malfunctions of phones, tablets, computers or other hardware or devices (each a “Device”); problems associated with phone lines, cellular systems or telephone or data transmission systems; interrupted or unavailable networks, servers or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet; or any technical problem, including but not limited to any injury or damage to any person's Device related to or resulting from participation in the Promotion.

  7. Social Media.  This Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram, YouTube, Pinterest, Snapchat, Twitter, or other social media channel (collectively, “Social Media Channels”).  All entry information is being provided to the Sponsor and not to any Social Media Channel.  Social Media Channels are completely released of all liability by each Participant in the Promotion.  Any questions, comments or complaints regarding the Promotion must be directed to the Sponsor and not the applicable Social Media Channel.

  8. Release and Indemnification.  By participating in a Promotion, Participants agree to release, discharge, indemnify and hold harmless Aptos and, if different, the Sponsor, any Promotion administrator, prize or promotional item providers, Social Media Channels, and their respective parents, subsidiaries and affiliated companies, contractors, advertising and promotion agencies, and any other entities directly associated with this Promotion, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims made by Participants related in any way to the operation of this Promotion, as well as any other claims, damages, charges, fines or liability due to any injuries, damages or losses to any person (including death) or property of any kind, or any claims of violation of rights of publicity or privacy, defamation or portrayal in a false light, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize or promotional item or participation in this Promotion or in any Promotion-related activity.  The Released Parties shall have no liability for any problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing, or otherwise relating to or in connection with the Promotion.  Sponsor reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which Participant is required to indemnify a Released Party, and Participant agrees to cooperate with Sponsor’s defense of such claims.  

  9. Publicity Release.  Each prize winner consents to the use of their name, likeness, biographical information, and voice (as applicable) for promotional purposes and in advertising worldwide without approval rights or additional compensation, except where prohibited by law.  Tennessee residents are not required to grant a publicity release as a condition of winning a prize.

  10. Privacy Notice.  Personal information collected during the Promotion may be used or disclosed by Sponsor and its affiliates and their representatives as stated in these Official Rules, for purposes of Promotion administration, winner identification, qualification, notification, awarding of prizes, use on the Winners List, and otherwise as described in our privacy policy at https://aptosfoundation.org/privacy.  

  11. Winners List:  The names of the winners of any sweepstakes or contests may also be posted on the Site or other website designated in the Specific Terms promptly after winners have been selected and verified.  The names of winners will be available by mail or remain posted for at least 60 days from the last day of the Promotion Period stated in the Specific Terms.