GENERAL PROMOTION RULES

Last updated: 17 October 2024

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING. PROMOTION IS VOID WHERE PROHIBITED BY LAW.

These General Promotion Rules ("General Rules") apply to the contests, promotions, sweepstakes and similar activities referencing these General Rules (the “Promotion”) organized by Organizer (as defined below). Together, these Rules and the description of the Promotion constitute the full ruleset for the corresponding Promotion. All capitalized terms not defined in these General Rules have the same meanings given to them in the description of the Promotion.

By participating in the Promotion, you accept our Terms of Use, Privacy Policy, Supplemental Privacy Notice for Promotions, these General Rules, and all applicable policies.

Organizer: X-FLOW LTD, 8 Genethliou Mitella, 3036, Limassol, Cyprus.
Eligibility: Except where regulated or restricted by law, the Promotion is open to anyone worldwide (except for residents of Restricted Jurisdictions as identified below), unless otherwise stated in the description of Promotion, who, as of the date of entry:
(a) are at least 18 years of age (unless the applicable age of majority in your country of residence at the time of the entry is higher),
(b) possess a valid form of identification, such as a valid passport or driver’s license,
(c) be eligible under applicable law to participate in the Promotion, and
(d) comply with any specific rules applying to such Promotion.

You cannot participate in the Promotion if you are (a) a resident of territories and countries being under the US or EU embargoes or the equivalent comprehensive sanctions (e.g. Cuba, Iran, North Korea, Syria, Crimea region, etc.), or (b) a resident of other countries directly excluded from participation in the Promotion according to its description (“Restricted Jurisdictions”).

Employees of the Organizer and each of its Affiliates (as defined in section 15 below) as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are also ineligible.

The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Noncompliance with any of the eligibility requirements or conditions of participation will result in disqualification.

Cancellation/Modification Right: Organizer reserves the right, in its sole discretion, to cancel any Promotion, in whole or in part, and/or modify, amend or suspend a Promotion, and/or its rules in any way, at any time, for any reason without prior notice.
Conditions of Prize Receipt: Unless prohibited by applicable law, as a condition to receive a prize, the Winners should:
(a) if applicable, be the sole owner of all right, title and interest (including copyright) in and to the deliverables submitted as entry to the Promotion (artwork, photo, image, etc.) (“Creative Input”);
(b) upon Organizer’s request (within no more than 72 hours) do any or all of the following:
Failure to comply with any of the above conditions may result in the Winner’s disqualification.
Entry Period: The Entry Period is set forth in the description of each Promotion. Unless otherwise expressly set forth in the description of the Promotion, any Creative Input or other Entry (as defined below) received before or after the end of an Entry Period is void and will not be eligible for a prize. Unless a specific time zone is indicated in the description of the Promotion, Organizer’s clock will be the official timekeeper of the Promotion.
Odds of Winning: Odds of winning a prize depend on (1) the number of eligible Entries received for each Promotion during the Entry Period; (2) relevance, originality, creativity, overall quality, and composition of the Creative Input; and (3) compliance with other entry conditions of the Promotion, - but never shall it depend wholly or partially on chance.
Entry Method:
During the Entry Period, to enter the Promotion, you must complete the entry method indicated in the corresponding description of the Promotion (“Entry”). Each eligible person who submits an Entry will be entered into the Promotion (“Entrant”). Unless otherwise expressly set forth in the description of the Promotion, there is a limit of one entry per person for the entire Entry Period. In case of multiple Entries, only the first eligible Entry will be considered and the remainder will be void, unless other rules are not defined by specific Promotion rules.
Where the participation in the Promotion requires use of Facebook, Instagram, or any other social media platform (each, a “Social Media Platform”), if you do not have an account with such social media platform, establishing an account is free. All applicable Social Media Platform terms apply. If applicable, your Social Media Platform account must be set to “public” in order for Organizer to view your Entry and you may return the applicable account to “private” any time after the Winner(s) has been announced.
For the avoidance of doubt, if we run a Promotion via several Social Media Platforms and you submit the equal or substantially similar Entries via several Social Media Platforms, we will count only one Entry as eligible for a Prize (even if the judging criteria or other conditions for winning in the Promotion differ per Social Media Platforms).
Free Form of Entry. You can enter the Promotion without making a purchase by submitting a participation request via email in English within the specified duration of the said Promotion. To enter, your email must be sent to [email protected] with the subject line "FREE PARTICIPATION REQUEST" followed by the exact name of the Promotion you wish to enter. In the body of the email, include your complete name, mailing address, contact number, email address, date of birth, and specify the Promotion you are entering. It is crucial that your email arrives within the active timeframe of the Promotion to be considered valid. For every proper email received within this time frame, you will gain one Entry into the relevant Promotion. Please be aware that any participation requests that fail to adhere to these instructions risk being declared invalid or may be eliminated at our discretion. Any other methods or forms for Entry will not be accepted and are subject to disqualification. Personal information submitted to Organizer through this method of Entry will only be used for purposes of entering the Entrant into and fulfilling the Promotion, including communicating with Entrants about the Promotion.
Prohibited Activities: While participating in the Promotion it is prohibited to do any of the following:
(a) o deliberately damage or undermine the legitimate operation of the Promotion, in particular to use mechanical, robotic or fraudulent means to interfere with the result of the Promotion;
(b) to submit Creative Input, which use by the Organizer may violate third party intellectual property or other rights (i.e. to submit a work that is plagiarized or copied from another source without proper authorization or credit);
(c) to submit Creative Input which violates data privacy laws (i.e. submitting a photo of a person without its consent);
(d) to submit Creative Input that contains offensive, inappropriate, harmful or unlawful content, including but not limited to nudity, violence, hate speech, or discriminatory language;
(e) to provide false or misleading information to Organizer;
(f) to harass, threaten, or intimidate other Entrants or Organizer in any way;
(g) to enter the Promotion on behalf of others without proper authorization from Organizer;
(h) to otherwise violate these General Rules, Organizer’s terms of service, or applicable law within the cause of participating in the Promotion.
If Organizer gets knowledge or has reasonable suspicions that you are violating any of the above restrictions, Organizer at its sole discretion reserves the right to (1) disqualify you from the Promotion; (2) seek remedies and damages to the fullest extent permitted by law, including, without limitation, criminal prosecution.
Prizes: The available prizes vary depending on the applicable Promotion you wish to enter. Each Promotion clearly describes the list of prize(s) you can win in such Promotion. If any specific prize shall have a real retail value, such value will be specified in the applicable Promotion you wish to enter. The Approximate Retail Value (“ARV”) of prizes is based on the fair market value or cost of goods.
Winners are not entitled to any difference between the declared ARV and the actual value of the prize at the time the prize is awarded.
Please note that the Prizes may not exactly match the samples displayed in the Promotion materials (by colour, shape, size or other parameters), but any such differences will be non-substantial.
If there is any restriction to receiving a prize in the country of a Winner, an alternate prize of comparable value may be provided.
Unless otherwise required by applicable law, all federal, state, local, and other tax liabilities (including income taxes), custom duties and any other costs and expenses associated with prize acceptance and use are the sole responsibility of the Winner. Winners are not entitled to compensation of any taxes, duties or costs they incurred to participate in the Promotion or as the result of prize awarding.
Winners may waive their right to receive a prize. Winner must accept prize as stated by Organizer or prize may be forfeited and awarded to an alternate Winner. All prizes are non-transferable, non-exchangeable, non-refundable, and may not be redeemed for cash. A prize may not be upgraded and no substitutions by the Winner will be allowed, except that Organizer reserves the right to substitute a prize for one of comparable or greater value if the designated prize is unavailable for any reason. Organizer will not be responsible for any portion of a prize that may not be available due to any event beyond Organizer’s control.
Prizes will be awarded “as is” with no warranty or guarantee, either express or implied, outside of manufacturer’s limited warranty, if any, and consist of only the item specifically listed. Warranties regarding prizes (if any) are subject to the manufacturer’s terms, and Winners agree to look solely to such manufacturer for any such warranty.
If the prize constitutes the gift certificates, event tickets or other prizes not being goods, Winners confirm their understanding that provision of such prizes is subject to the applicable terms and rules of the relevant service providers. The Organizer’s responsibility is limited solely to purchasing such prizes and providing the tickets, certificates or other comparable documents to the Winners, all the further realization of prizes is administered directly by the relevant service providers and is not under control of the Organizer.
Winner Selection: The process for choosing Winners differs based on the specific Promotion you want to participate in. The rules for winning in each Promotion are outlined clearly within its description. If the Promotion includes a creative contest (for example, an art contest or photo contest), the criteria for selecting winners by the Organizer include, but are not limited to, relevance to the Promotion's theme, originality, creativity, overall quality, and composition. Additional criteria may be established and outlined within the Promotion's description. The Organizer's judgments regarding the management and execution of the Promotion, as well as Winner selection, are conclusive and definitive in all aspects concerning the Promotion. The Organizer will determine potential Winners from the pool of eligible Entries collected throughout the relevant Entry Period, and its decision is irrevocable. Unless otherwise stated in the description of the Promotion, the Organizer will select one Winner.
Winner Notification: Each potential Winner will be notified through the Social Media Platform, or according to any specific terms that might apply to the Promotion set in the description to the Promotion. Should a potential Winners fail to be reached within 72 hours, or if they are disqualified or do not adhere to these General Rules for any reason, they will be deemed to have forfeited the prize. Please be aware that, if applicable, it is your exclusive responsibility to inform us in writing of any changes to your contact details during the duration of the Promotion.
Privacy: We will be collecting personal data about you, in accordance with our Supplemental Privacy Notice for Promotions and Privacy Policy. By participating in the Promotion, you hereby agree to our collection and usage of your personal data and acknowledge that you have read and accepted our Supplemental Privacy Notice for Promotions and Privacy Policy.
Publicity Release: Except where prohibited by applicable law, participation in the Promotion constitutes each Entrant’s consent to Organizer’s and its agents’ post or other use of Entrant’s name, likeness, photograph, voice, opinions and/or hometown and state or province (all together “Likeness”) for any purpose related to the Promotion (announcing the Winners, for instance) in any media, worldwide, without further payment or consideration. Upon request and except where prohibited by law, Entrants agree to consent to such in writing (to sign a public release form) in order to receive a prize. Acceptance of prize constitutes permission to use Winners’ Likenesses for commercial purposes in relation to the Promotion without further notice and compensation, unless prohibited by law.
Assignment: If the Promotion includes submission by Entrant of Creative Input as Entry, by participation in the Promotion Winner, starting from the Entry submission date, assigns to Organizer, without any further compensation or consideration, all the intellectual property rights in the Creative Input on a worldwide basis and for all the applicable term of copyright protection (thus permitting the Organizer to use, reproduce, modify, publish, copy, advertise and otherwise use or create derivative works from, and display such Creative Input in whole or in part, and to incorporate it into other works, in any form, media, or technology now known or later developed, for any purpose whatsoever, including but not limited to incorporation in any way and use of such Creative Input within any Organizer’s mobile applications). In case the above assignment of rights is not valid for some reasons under the applicable law (e.g. consideration or written agreement is required), by participation in the Promotion Winner gives to the Organizer a royalty-free, irrevocable, transferable, non-exclusive license for all the applicable term of copyright protection to reproduce, post and otherwise display the Creative Input on Organizer’s social media accounts, website or other media for the purpose of administering the Promotion, in particular announcing the Winner and the winning work.
Limitation of Liability:
(a) To the maximum extent permitted by applicable law, none of Organizer, any of their corporate affiliate companies, or their affiliated advertising and promotional agencies, or any of their officers, directors, employees, agents, or representatives (collectively, “Affiliates”) nor any prize providers, or any of their corporate affiliate companies, or their affiliated advertising and promotional agencies, or any of their officers, directors, employees, agents, or representatives (collectively with Affiliates, “Released Parties” ) are responsible for claims, injuries, death, losses, or damages of any kind resulting from participation or inability to participate in the Promotion, or the awarding, acceptance, use, misuse, possession, loss, or misdirection of a prize.
(b) To the maximum extent permitted by applicable law, Released Parties are not responsible for (i) any typographical or other errors in the printing of Promotion materials or the offering or announcement of the prizes, (ii) incorrect or inaccurate entry information, human error or technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any computer equipment or software, or any combination thereof, (iii) failure of any Entry to be received by Organizer due to technical problems, human error, or traffic congestion on the Internet or at any website, (iv) communications line or hardware and/or software failures, or (v) damage to any computer (software or hardware) resulting from participation in the Promotion. Entrant understands and acknowledges that such circumstances may cause delay of or changes to the Promotion, including Entry Period dates or prize delivery.
(c) Entries are void if inaccurate, incomplete, tampered with, misdirected, late, irregular in any way, or otherwise not in compliance with these General Rules.
Release and Indemnification: BY ENTERING THE PROMOTION, ENTRANTS RELEASE AND HOLD THE ORGANIZER AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHT, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE PROMOTION OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, ACCESS TO ANY MATERIALS, OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. WINNER AGREES THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY WINNER AGAINST ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND TO PERSON(S), INCLUDING DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM USE OR RECEIPT OF PRIZE.
Governing Law and Jurisdiction: Any complaint regarding the operation of the Promotion or any other related matter, shall be emailed to following email address: [email protected]. All issues and questions concerning the construction, validity, interpretation and enforceability of these General Rules or the rights and obligations of Entrants, Organizer or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the laws stipulated in Section 17 of Terms of Use. Entrants hereby agree that any and all disputes, claims, causes of action, and controversies (“Claims”) arising out of or in connection with the Promotion shall be resolved in the manner described in Section 18 of Terms of Use.
Limitation of Liability: BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED BY ENTRANT IN CONNECTION WITH THE PROMOTION (IF ANY), WHICH ARE NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET COSTS INCURRED BY ENTRANT IN CONNECTION WITH THE PROMOTION, WHICH ARE NOT TO EXCEED FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Social Media Disclaimer: The Promotion is not in any way sponsored, endorsed, or administered by, or associated with Facebook, Instagram or any other Social Media Platform, email service provider, or e-commerce site. You understand that you are providing your information to Organizer and not to any other party. Social Media Platforms used by Organizer to run the Promotion are never liable or responsible for any liability in connection with the Promotion, all the liability always lies solely with the Organizer.
Severability: If any provision of these General Rules is invalid under the law, rules, or regulations of a particular country, it will only apply to the extent permitted.
Winner’s List: For a list of prize winners, send an email message to [email protected] with “Winner’s list” as the email subject and the Promotion name specified in the body of the email. Requests must be received within four (4) weeks of the end of the Entry Period. Requests after that date will not be honored.