The IPGI Profile Registration Video Streaming Contest

The IPGI Profile Registration

Video Streaming Contest (the "Contest")


Official Rules

No purchase Is Necessary To Enter To Win

A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING


These rules and conditions are the “Official Rules” controlling this Contest by I-Pay Global, Inc. (IPGI) (the “Sponsor”). Eligible Agencies (as defined below) participating in the Contest agree to be bound by these Official Rules and represent that they satisfy all eligibility requirements as provided herein.


Eligibility:

The Contest is open ONLY to ”Agencies” that have current, valid “Cooperation Agreements” in full force and effect with IPGI (or one of IPGI’s affiliates). The Agencies must be in “good standing” at the beginning of the Promotional Period (established below), remain in good standing throughout the Promotional Period, and upload “validated” FNC lady profiles on their Agency Admin Page during the Promotional Period that represent ladies who meet the validation requirements of the Terms of Use on the Zolushka.net Website (the “Website”). Eligibility for Agencies is further dependent upon a minimum of five (5) new FNC lady profiles being uploaded on the Agency Admin Page during the Promotional Period and each lady represented by each new profile must participate in live video streaming for a minimum of two hundred and forty (240) minutes during the Streaming Period (established below). For the avoidance of doubt, each Agency’s eligibility is dependent upon a minimum of five (5) new Validated FNC ladies’ profiles being added to the Agency’s Admin page during the Promotional Period and each lady represented by each newly added profile participating for a minimum of two hundred and forty (240) minutes in live video streaming during the Streaming Period. What constitutes a “new validated profile” is at the sole discretion and determination of the Sponsor. The records verifying compliance with the live video streaming requirement will be maintained by and determined by the Sponsor without the ability for appeal. If an Agency has multiple “Branches”, each Branch will be considered an individual and separate “Agency” for the purposes of this Contest. The Contest is void where prohibited or restricted by law.


Agreement To Official Rules:

Participation in the Contest constitutes Agency’s full and unconditional agreement that the Agency is in compliance with and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.


How to Enter:

Agencies are automatically entered in the Contest when they and the ladies represented by the newly uploaded FNC lady profiles meet the minimum “Eligibility” requirements established above during the Promotional and Streaming Periods.


Promotional and Streaming Periods:

The promotional period for the Contest begins at 12:00:00 A.M. U.S., Eastern Standard Time (EST) on 1st of July, 2015, and runs through 11:59:59 P.M. U.S., Eastern Standard Time (EST) on 31st of July, 2015 (“Promotional Period”). The streaming period for the Contest begins at 12:00:00 A.M. U.S., Eastern Standard Time (EST) on 1st of July, 2015, and runs through 11:59:59 P.M. U.S., Eastern Standard Time (EST) on 15th of August, 2015 (“Streaming Period”). Sponsor’s computer will serve as the official time piece for the Contest.


Determination of Winners:

Winning Agencies who meet the eligibility requirements of the Contest will be selected based on the total number of validated new FNC profiles uploaded during the Promotional Period that meet the minimum number of validated profiles or greater and each lady represented by each new validated profile who has streamed live video for at least two hundred and forty (240) minutes during the Streaming Period. The fourteen (14) Agencies with the highest number of new validated profiles that represent ladies that have streamed live video for at least 240 minutes will receive prizes as indicated below.


Prizes and Odds:

Sponsor will give away prizes with an approximate total average retail value (“ARV”) of $1,500.00US consisting of one (1) First Prize of $350.00US, one (1) Second Prize of $250.00US, one (1) Third Prize of $200.00US, one (1) Fourth Prize of $150.00US, one (1) Fifth Prize of $100.00US and one (9) Sixth Prizes of $50.00US. In the event of a tie between two Agencies, the prize that each Agency would have received will be added to the next lower prize and each of the tying Agencies will receive half of the total of those two prizes.

Prizes will only be awarded to prize winners that fully comply with these Official Rules. Any applicable taxes on any prize are solely the responsibility of each winner. Prizes are non-assignable and non-transferable. All details and other restrictions of any prize not specified in these Official Rules will be determined by Sponsor in its sole discretion.

Odds of winning depend on the number of Agencies that meet the minimum Eligibility requirements during the Promotional Period.


Administrator of the Contest:The Sponsor will be responsible for Winner Notification and Prize Allocation.


Winner Notification:

Prize winning Agencies will be notified by the Sponsor. Sponsor will contact winning Agencies by email or phone. Notification is deemed to occur when the Sponsor clicks “SEND”. The winning Agencies can claim their respective prize by replying to the Sponsor. Sponsor shall have no liability for any winning Entrant notification that is lost, intercepted or not received by any winning Agency for any reason. If any winning Agency does not respond within seven (7) days of notification, or if the prize notification is returned as unclaimed or undeliverable, or if the winning Agency refuses to accept the prize, the winning Agency will forfeit the prize and an alternate prize winning Agency will be chosen, even if the original winner’s name has been publicly announced.


Third Party Rights:

Agencies represent and warrant that any content of any type that is incorporated into, included in or referenced in any video stream in which a lady participates whose profile was uploaded by an Agency will not infringe or violate the rights, common law or otherwise, of any third party including, but not limited to, brand names, copyrights, trademarks, patents, trade secrets and rights of privacy, publicity, moral rights or any other personal or property rights (including, without limitation, copyrighted music, sound recordings, samples, musical compositions) (collectively “Third Party Rights”). Video streams may not include any advertisements, personal or commercial solicitation or promotional materials or full name, address, phone number, license plate or URL address or other identifying information of any person or entity. Video streams may not contain viruses, worms, bots, spyware or any other computer code that is intended to damage, interfere with or surreptitiously intercept or expropriate any system, data or information


Grants of Rights:

All grant of rights by Agencies in the applicable Cooperation Agreements and Website Terms of use as well as the grant of rights by validated FNC ladies in the Website Terms of Use are incorporated in their entirety by reference into these Official Rules.


Limited License and Release:By participating, Agencies agree to be bound by these Official Rules including all eligibility requirements and the decisions of the Sponsor, which are final and binding. All limited license and release provisions agreed to by Agencies in the applicable Cooperation Agreements and Website Terms of use as well as all limited license and release provisions agreed to by validated FNC ladies in the Website Terms of Use are incorporated in their entirety by reference into these Official Rules.


General Release and Limitations of Liability:

By participating in the Contest, all Agencies release Sponsor and their respective affiliates, directors, officers, employees, representatives, and assigns from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with this Contest or with the redemption, acceptance, possession or use of any prize (including, without limitation, claims, costs, injuries, and losses related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation, or portrayal in false light).

All Agencies participating in the Contest further agree to release and indemnify and hold harmless Sponsor from any and all claims that any commercial, advertising, presentation, web content or any derivatives thereof or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor, infringe on any rights of any third party.

Sponsor is not responsible for problems Agencies may encounter in the downloading or uploading any Contest-related information to or from the Agency Admin Page or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the Agency Admin Page, or any other technical problems related to Sponsor’s websites including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Agency’s ability to participate in this Contest.

Sponsor reserves the right in its sole discretion to disqualify any individual or Agency who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person or Agency to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. IF SUCH AN ATTEMPT IS MADE, SPONSOR IN ITS SOLE DESCRETION MAY DISQUALIFY ANY AGENCY MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor is not liable in the event that any portion of the Contest is cancelled due to an insufficient number of eligible participants, as determined by the Sponsor in its sole discretion, and/or weather, fire, strike, acts of war or terrorism, or any other condition or event beyond Sponsor’s control (a “Force Majeure Event”).


General Provisions:

If any provisions of these Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable or illegal, then these rules shall be construed to remain in effect and be construed in accordance with their remaining terms as if the invalid or illegal provision were not contained herein.

The Official Rules of this Contest and all accompanying materials are copyright protected under U.S. Copyright Law. All Agencies agree to be bound by these Official Rules. Agencies further agree to be bound by the decisions of the Sponsor. All such decisions by the Sponsor are final and binding in all respects and cannot be appealed. The Sponsor reserves the right, at its sole discretion, to change these rules or cancel the Contest at any time.

These Official Rules shall be deemed for all purposes to have been entered into in the State of Florida. Agencies agree they are subject to the jurisdiction of the State of Florida and waive any right to defense for lack of jurisdiction. Venue for any and all disputes between any party and Sponsor including, but not limited to, any claims for violation of any statute, contract, tort or common law, shall lie exclusively in Pinellas County, Florida or the United States District Court, Middle District of Florida, Tampa Division. Agencies and all ladies represented by profiles uploaded by the Agencies and Sponsor agree to waive any claim for jury trial in any dispute between any parties. All issues relating to the Contest or these Official Rules, including any issues regarding construction, validity, interpretation or enforceability, or the rights and obligations of any party or Sponsor shall be governed by, construed under and enforced in accordance with the laws of the State of Florida without giving effect to any choice of law or conflict of law rules.

By participating in this Contest, each Agency agrees that any and all disputes an Agency may have with, or claims an Agency may have against, the Sponsor relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of these Official Rules, will be resolved individually, without resort to class action litigation, and exclusively in the courts of the State of Florida.


Winners Names and Official Rules:To obtain a copy of these Official Rules and/or any legally-required winners list, send a self-addressed stamped envelope to: Agency Video Streaming Contest, P.O. Box 464, Dunedin, FL 34698.


Official Winners Affidavit of Eligibility, Publicity Release, and Liability Waiver


Affidavit of Eligibility:

If you are selected as a winning Agency (hereinafter "Winner", also referred to below as "You”) of the Contest, You certify and represent that You meet the eligibility requirements and other requirements of the Contest and that You have read and agree to be bound by the “Official Rules” of the Contest. You further certify and represent that the decisions of the Sponsor are final, and that You have committed no fraud or deception in entering the Contest or claiming a Prize.

You understand that no transfer or Prize substitution is allowed, except at the Sponsor’s discretion. You acknowledge and agree that You are responsible for the payment of any and all taxes associated with receiving the Prize.


Liability Waiver:

YOU HEREBY COVENANT NOT TO SUE OR BRING ANY LAWSUIT NOR MAKE ANY CLAIM UNDER ANY THEORY AND HEREBY WAIVE AND RELEASE ALL RIGHTS AND CLAIMS YOU OR ANY PERSON CLAIMING THROUGH YOU MIGHT HAVE UNDER ANY THEORY WHATSOEVER AGAINST SPONSOR, ITS EMPLOYEES, DIRECTORS, AGENTS AND ASSIGNS ARISING FROM YOUR PARTICIPATION IN THE CONTEST OR IN CONNECTION WITH THE REDEMPTION, ACCEPTANCE, OWNERSHIP, OR USE OF THE PRIZE OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITIES. IN ADDITION, YOU HEREBY, FOR YOURSELF, YOUR HEIRS, EXECUTORS AND ADMINISTRATORS, WAIVE, RELEASE, DISCHARGE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPONSOR, ITS EMPLOYEES, DIRECTORS, AGENTS AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSES, DAMAGES, COSTS, EXPENSES, RIGHTS, CLAIMS, DEMANDS, AND CAUSES OF ACTION WHATSOEVER THAT YOU, YOUR HEIRS, EXECUTORS AND/OR ADMINISTRATORS MAY HAVE AGAINST SPONSOR, ITS EMPLOYEES, DIRECTORS, AGENTS AND ASSIGNS FOR ANY MATTER, CAUSE OR THINGS WHATSOEVER, ARISING OUT OF YOUR PARTICIPATION IN THIS CONTEST, YOUR REDEMPTION, ACCEPTANCE AND/OR UTILIZATION OF THE PRIZE, AND YOUR TRAVELING TO AND FROM ANY LOCATION TO OBTAIN OR USE THE PRIZE, INCLUDING, WITHOUT LIMITATION, INJURIES, DEATH, DISABILITY, ATTORNEYS’ FEES, COSTS OF LITIGATION AND SETTLEMENT AS WELL AS DAMAGES OR LOSSES TO PERSONS AND/OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH THE REDEMPTION, RECEIPT, OWNERSHIP, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITIES.

YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS YOU MAY HAVE WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, ON BEHALF OF YOURSELF, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OF SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR.”

YOU HEREBY AGREE THAT NEITHER SPONSOR, NOR ITS EMPLOYEES, DIRECTORS, AGENTS AND ASSIGNS HAS MADE OR ARE THEY IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANT AVAILABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND YOU ACCEPT YOUR PRIZE AS IS.


Publicity Release:

You further agree to defend, release, indemnify, and hold harmless Sponsor, its employees, directors, agents and assigns from and against any and all third party claims asserting that any commercial advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of the Sponsor which utilizes, in whole or part any video streaming you make available on Sponsor’s websites, infringes on any third party’s rights.

You agree to execute, acknowledge, and deliver any other documents necessary for Sponsor to carry out the rights You have granted herein.

You understand that You will forfeit the Prize if any material statements made by You during your participation in the Contest or any material information supplied by You in connection with the Contest are false and, in addition to other remedies that may be sought against You, You agree to pay all costs including, without limitation, attorneys’ fees associated with awarding the Prize (or the full value of that portion of the Prize You have used) if any such false statements are discovered after You have used all or a portion of the Prize.

Except where prohibited by law, You hereby grant full permission and consent to Sponsor and its affiliates to use your name, voice, picture, likeness, and biographical data and/or any other information contained within your participation in advertising, promotional and marketing material, without additional compensation, notification or approval. In addition, You consent to being photographed, filmed, taped, and/or interviewed about the Contest. In connection therewith, You grant full permission and consent to Sponsor and its affiliates to utilize any of the results from photographing, filming, taping, and/or interviewing in any and all media now known or hereafter devised for perpetuity throughout the universe without further compensation and HEREBY RELEASE SPONSOR AND THE SPONSOR AFFILIATES FROM ALL CLAIMS, ACTIONS, AND LIABILITY RELATED THERETO. You further acknowledge that certain of your personally identifying information disclosed to third parties at least required by law, including, without limitation, on a winners list to provide information to the applicable taxing authorities regarding the winning of the Prize.

In the event of any contradiction or disagreement in the terms, provisions, intent and/or concepts between the English text and any translation of these Official Rules, the English text shall take precedence and govern the Contest.


Official Rules:

For a copy of the Official Rules go to:

http://konfetka.zolushka.net/page/Profile-Registration-Video-Streaming-Contest-Rules.aspx


Sponsor Contact:

I-Pay Global, Inc.

P.O. Box 464, Dunedin, FL 34698

ProfileRegistrationVideoStreamingContestOfficialRules.pdf (296.40 kb)