A contest for Brazilian top affiliates
BinPartner.com - Brazil Affiliate Contest 2019 (the “Competition”) is organized and sponsored by Tiburon Corporation Limited, registered at Suite 1, Second Floor, Sound & Vision House, Francis Rachel St., Victoria, Mahe, Seychelles, registration number 187026, (hereinafter referred to as the “BinPartner”).
The Competition entry period begins at 12:00:01 a.m. UTC on February 18, 2019, and ends at 11:59:59 p.m. BRST on March 18, 2019 (the “Competition Period”), when all entries must be received. Moscow Time (UTC/GMT - 2) shall control for all purposes of this Competition. The Competition is governed by and construed in accordance with the law of Seychelles and is subject to all applicable federal, state, and local laws. The Competition is null and void where prohibited by law.
By entering the Competition, you conclusively are deemed to have agreed to be bound by these Official Rules and the decisions of BinPartner, whose decisions shall be binding and final in all respects. This is an irrevocable condition of entry.
BinPartner reserves the right in its sole and absolute discretion to amend the Official Rules at any time and for any reason. In the case of any amendments, BinPartner will post the terms and conditions of the amended Official Rules on the Website. As permitted by law, any amendment will become effective at the time BinPartner posts the amended Official Rules.
1. In order to enter the Competition or win a prize, you must comply with all terms and conditions. To be eligible to win a prize, you must meet the additional prize eligibility requirements set forth below.
2. The Competition is open only to individuals who are at least eighteen (18) years old.
3. To enter the Competition, you must be enrolled as a New Active Affiliate with BinPartner. A “New Active Affiliate” is any individual or business that:
(1) not having any other Active Account in the BinPartner's Affiliate Program;
(2) has applied as an affiliate through BinPartner’s network and has been granted approval;
(3) has access to BinPartner’s affiliate portal and an active, assigned subID;
(4) has not been paused or terminated from running traffic for BinPartner’s network for any reason, including but not limited to, non-compliance and fraudulent traffic. It is free to enter the Competition – no purchase or payment of any consideration is necessary to enter the Competition
4. If you are not enrolled as an Active Affiliate with BinPartner during the Competition Period, you must complete BinPartner’s application process for affiliate applicants and become an Active Affiliate prior to becoming eligible to enter the Competition.
HOW TO ENTER:
5. To enter the Competition, a New Active Affiliate may submit one (1) entry during the Competition Period by visiting www.binpartner.com (the “Website”) and clicking on “Cadastro” or “Cadastre-se” and completing an application.
6. LIMIT: Only one entry permitted per New Active Affiliate (individual or business). Entries submitted in excess of the limits stated herein will be disqualified, without option to reapply.
7. ALL ENTRIES MUST BE RECEIVED BY 11:59:59 p.m. BRST on March 18, 2019.8. Entries submitted to the Website will be deemed to have been submitted by the authorized Active Affiliate corresponding with the email address submitted at the time of the entry.
9. A New Active Affiliate that applies and is approved for the Competition will receive a confirmation email, along with an assigned alias. The alias must remain confidential and will identify the Active Affiliate through the duration of the Competition.
10. Entries received after the Competition Period are ineligible, null, and void. BinPartner is not responsible for and will not consider lost, late, misdirected, incomplete, incorrect, misrouted entries, nor is it responsible for any inaccurate information (such as email address changes), or entries that are submitted but not received by BinPartner for any reason. Proof of sending or submitting is not proof of receipt by BinPartner.
11. By entering the Competition, you agree that BinPartner shall have the right in its sole discretion, to post and/or publish identifying information for the Active Affiliate on the Website, as well as any websites or social media and/or networking sites owned or operated by BinPartner.
12. Three prizes will be awarded.
The prizes will be the following:
- iPhone XR 64Gb (first position)
- Apple Watch Series 4 44 mm (second position)
- AirPods (third position)
The approximate retail value of each prize may vary, based upon a number of factors including the devices local pricing and delivery fares in effect at the time of redemption.
13. Prizes delivering are tentatively scheduled for April 2019. BinPartner further reserves the right to postpone delivery dates no more than 30 days, if necessary.
14. Any penalties or problems with the prizes delivery due to change of address will be the responsibility of the winners. Competition winners (and all other contestants) are responsible for correct provision of complete name, phone, address, city, state and zip code.
15. Prizes are not transferable by the winner to another person.
16. No prize substitution, refund, or cash redemption by a winner is permitted.
17. If the specified prizes become unavailable for any reason, BinPartner in its sole and absolute discretion may substitute a prize of like or equal value.JUDGING; SELECTION OF CONTEST WINNERS:
18. There will be three (03) winners. On March 25, 2019, the winners will be ranked and elected by BinPartner, based upon the cumulative total FTDs (First Time Depositors) obtained during the contest period by the entrants.
19. Odds of winning depend upon the number of eligible FTDs (First Time Depositors) received during the Competition Period, as well as the performance of the entrants using the criteria in these Official Rules.
20. Decisions of the BinPartner are final and cannot be appealed.21. BinPartner reserves the right to review its decision(s) and to withhold any prize(s) if, in BinPartner’s sole discretion, there is a procedural, legal, or other reason that the prize(s) should not be awarded.
21. BinPartner reserves the right to review its decision(s) and to withhold any prize(s) if, in BinPartner’s sole discretion, there is a procedural, legal, or other reason that the prize(s) should not be awarded.
NOTIFICATION OF COMPETITION WINNERS:
22. All selected winners will be notified by email no later than March 25, 2019, through the email address provided to BinPartner when they initially entered the Competition.
BInpartner will publish internal results of the Contest(leaderboard) each Monday(25.02.2019; 04.03.2019; 11.03.2019; 18.03.2019).
23. Each selected winner must confirm their acceptance of the prize, attendance within three (3) business days of notification or an alternate winner may be selected. If a selected winner does not respond to the notification within: a) three (3) business days, or notifies BinPartner that he or she does not accept the prize, he or she will be disqualified and another winner will be selected. Failure to respond within the time frame listed above shall mean that the selected winner forfeits the prize.
24. BinPartner reserves the right to modify the notification procedures in connection with the selection of alternate winner(s).
25. BinPartner reserves the right to condition the award of prizes upon the execution by the winner(s) of a publicity release. Notwithstanding this reserved right, entry is conclusively deemed to be permission by the entrant for BinPartner to use the entrant’s name (without compensation to the entrant) to publicize the Competition and otherwise, as determined by BinPartner, unless prohibited by law.26. BinPartner reserves the right to require the winners to execute an affidavit of eligibility as a sworn document and provide other proof of eligibility as a condition of receipt of the prizes.
PUBLICITY RELEASE; USE OF PERSONAL INFORMATION:
27. BinPartner will publish the list of Competition winners on the Website.
28. Except where prohibited or restricted by law, Acceptance of a prize constitutes the winner’s agreement and consent for BinPartner to use and/or publish winner’s full name, city and state of residence, testimonials, and/or statements made by winner regarding the Competition or BinPartner, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of BinPartner, in any and all forms of media without further limitation, restriction, compensation, notice, review, or approval.
RELEASE OF LIABILITY/INDEMNIFICATION:
30. Neither BinPartner nor its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, directors, successors, or assigns shall be liable for any warranty, costs, damage, injury, or any other claims incurred as a result of misuse of the prize. BinPartner is not liable for any loss arising out of or in connection with the Competition.
31. Neither BinPartner nor its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, directors, successors, or assigns shall have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with the Official Rules; (b) entries, prize claims or notifications that are lost, late, misdirected, incomplete, incorrect, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Competition or claiming a prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond BinPartner’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in the Event or any related activities.
32. By participating in the Competition, entrants and winners agree to release and hold harmless BinPartner and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, directors, successors, and assigns harmless from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, the Event, or possession, acceptance and/or use or misuse of the prize or participation in any Event-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy.
33. Each entrant acknowledges that BinPartner has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof, including, but not limited to, express warranties provided by the supplier of the prize (or any component thereof) or their affiliates.
34. Each entrant hereby agrees to indemnify and hold BinPartner and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, directors, successors, and assigns harmless from any and all damages, liabilities, costs and expenses, including attorney’s fees relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
NO TAMPERING; RIGHT TO CANCEL, SUSPEND OR MODIFY:
35. BinPartner reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Competition, the Website, or with any website promoting the Competition; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Competition multiple times through the use of multiple email addresses, or with the use of any robotic or automated devices to submit entries.
36. If BinPartner determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Competition, BinPartner reserves the right to void the entries at issue, and/or terminate the relevant portion of the Competition and/or judge the eligible entries received as of the termination date to award the prizes.
37. BinPartner reserves the right in its sole and absolute discretion to cancel, suspend, or modify the Competition, or any part of it, with or without notice to the entrants, if any fraud, technical failure, or any other unanticipated factors or factors beyond BinPartner’s control impair the integrity or proper functioning of the Competition or for any other reason. General Conditions:
38. Each entrant agrees that BinPartner is vested with the sole authority to interpret and apply these Official Rules.
39. BinPartner’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term.
40. In the event of any discrepancy or inconsistency between these Official Rules and disclosures or other statements contained in any Competition materials, including but not limited to the Website, or any print or online advertising, the terms and conditions of these Official Rules shall prevail.
41. Should any provision of these Official Rules be or become illegal or unenforceable under applicable Federal law or state law, such illegality or unenforceability shall leave the remainder of these Official Rules unaffected and valid. The illegal or unenforceable provision may be replaced by BinPartner with a valid and enforceable provision that, in BinPartner’s sole judgment, comes closest and best reflects its intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
42. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or BinPartner in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the Seychelles, without giving effect to any choice of law or conflict of law rules (whether of the Brazil, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Seychelles. In addition, any dispute relating to the Competition (including these Official Rules) shall be brought in the appropriate court having jurisdiction over the subject matter. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.