These Contest Rules and Terms of Service (collectively, the "Terms") govern your access to and use of the services on Shopularity's site (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
SHOPULARITY RESERVES THE RIGHT IN ITS SOLE AND ABSOLUTE DISCRETION TO CHANGE, MODIFY OR ALTER THESE TERMS AT ANY TIME WITHOUT NOTICE TO ANY USER, VOTER OR CONTESTANT.
Shopularity sponsors contests on its site in which contestants compete to receive votes in order to win a specified prize. A winner of a contest is chosen based on which contestant has received the most votes at the completion of such contest.
Contestants for each contest must register for each contest via an existing social network approved by Shopularity. Social networks currently approved by Shopularity are listed on our home page.
ALL CONTESTANTS MUST BE AT LEAST 18 YEARS OF AGE AND LEGAL U.S. RESIDENTS.
To enter a contest, a user simply clicks the "I WANT IT" button on the contest page and enters any other specific entry information requested on the webpage on the site for each specific contest.
THERE IS NO PURCHASE NECESSARY FOR ENTRY FOR ANY CONTEST.
It is against the spirit of Shopularity to participate as a Contestant with the intent of giving away a Shopularity awarded prize on your own giveaway or contest site. Such behavior is not allowed and Contestants found engaging in this behavior will be immediately disqualified from the Contest and possibly banned from participating in subsequent Shopularity services.
After winning a Contest, the winning Contestant's registration in future Contests will be barred for a period of no less than 30 days.
Competing for Votes
Contestants may compete for votes by including, but not limited to, promoting themselves within their own off-site social networks, including posting video testimonials, tweeting or writing blog entries or other messages in the form of social media in order to receive votes. The requirements and criteria for creating and obtaining an approved social network account are specific to each social network, and Shopularity has no influence or control over such requirements and criteria.
Contestants may also compete for votes on the Shopularity website itself by using any of the following methods:
1. Submitting videos via YouTube.com
2. Posting "War Cries"
3. Posting comments on their Shopularity personal page or other user's Shopularity pages appealing for votes.
In order to post a video on the Shopularity website, contestants must upload a video submission via YouTube (which cannot be more than 20 seconds in duration). Contestants should carefully review the instructions and requirements for uploading a video on YouTube.com. Shopularity will not be responsible for any videos that cannot be uploaded on YouTube.com due to format and/or technical issues and/or if a contestant did not submit a video in accordance with the specifications outlined herein and/or as set forth on YouTube.com.
Contestants may also compete by creating their own unique "War Cry" which will be associated with the contestant for a particular contest. Each "War Cry" shall be limited to 140 characters.
Each user of Shopularity will be given his own personal Profile Page, as described below, on which he may post information or comments. Personal pages will be accessible to other Shopularity users.
Voters are allowed one vote per Shopularity contest. Voters may repeal, or take back, their vote at any time during the contest. Voters may switch their vote to another contestant at any time during the contest. Voters may also apply points to vote in Shopularity contests as described below under "Points". All votes are public and viewable by any user. Voters may leave comments on their votes and Contestants' entries. A user that registers for a contest and becomes a contestant does NOT have voting rights for that contest; however, a contestant may apply points to vote for himself for that contest.
If a user has previously voted in a contest and then decides to become a contestant, his vote will be removed from the contest in which he previously voted.
Voters have one vote per contest (even if they have more than one account with Shopularity through different social networks) and in the event the voter deletes his Shopularity account, the original vote will be cancelled. If Shopularity discovers users constantly deleting and creating new accounts, or discovers any other "gaming," fraud, abuse or nefarious act involving any contest, the site or the system, Shopularity reserves the right in its sole and absolute discretion to ban or restrict a user from the site.
Deleting one's account will remove any cast votes in an existing contest
Only one entry per social network address may be used to enter or vote. No person may enter any contest more than once using multiple social networks.
Users can sign up to receive notification from Shopularity that a contest has begun. There is no deadline for entry prior to the expiration of a contest - users can become contestants at any point during the contest.
The contestant who has received the most votes at the completion of the contest will be declared the winner of the prize. Votes received after the expiration of the contest will not be counted.
Every effort is made to present the countdown clock on a contest page in the most accurate way possible, as it is as closely synced to the Shopularity server as possible. Variations in a user's connection speed, browser, computer speed and/or a variety of other factors may render the countdown clock out of sync with the server. The Shopularity server clock shall be deemed to be the official clock of any contest.
The description and estimated value of the prize for each contest can be found on the webpage on the site for each specific contest.
In addition to casting a vote for a contestant, users may also apply or "award" points to a contestant in accordance with the following rules, policies and procedures:
One hundred points are equal to one vote.
Every contest has a baseline number of points. More "important" contests award more base points. The conditions which determine the number of base points for a given contest are variable and will depend on prize value, duration, brand or any combination thereof.
Points are awarded only when a user votes in a contest. Points are not awarded for being a contestant or a commenter.
All voters in a contest receive the number of base points for the particular contest once the contest has ended. Voters who backed the winner receive a multiplier of base points. It is possible that voters who back contestants in other places (top 10%, 2nd and 3rd place) may also receive a multiplier of base points depending on the specific contest.
Contests are divided in to four quarters of equal length. The amount of points awarded is based on the quarter in which a Voter votes for a Contestant.
Voters who vote in the first quarter are eligible to receive up to 100% of the potential points and multipliers.
Voters who vote in the second quarter are eligible to receive up to 75% of the potential points and multipliers.
Voters who vote in the third quarter are eligible to receive up to 50% of the potential points and multipliers.
Voters who vote in the fourth quarter are eligible to receive only the base points in a contest.
All voters who vote in a contest will receive, at minimum, the base points available for a contest.
Points may or may not be awarded for contests resulting in a tie at the sole and absolute discretion of Shopularity.
Users can apply points as votes to any one contestant participating in any contest. Points may be applied only to a contestant for whom a voter has voted already. A voter may apply points to a contestant at any time, and as many times as he may determine during the contest, but may only do so after the his initial vote is cast.
A voter may apply any portion of his points, in increments of 100, toward the specific contestant for whom he voted and can do so at any time, or multiple times, during a contest.
A contestant may cash-in ALL or NONE of his accumulated points to apply towards his own rank (i.e. his own current standing in a contest in relation to all other contestants), but may only do so at the time of registration for a contest.
Cash-in of points CAN NOT occur during the 4th Quarter of a contest.
The remainder of points after a cash-in that are not a multiple of 100 will remain in the contestant's account.
If a user has previously applied points to a contestant and then decides to become a contestant himself, those points will remain with the other contestant.
Deleting one's account will result in the user losing all of his unused points.
Points do not expire.
Points are publicly viewable by all users and non-transferable beyond the methods described above.
If a user has multiple accounts on Shopularity, points cannot be transferred or merged between accounts.
In the event that there is a tie between two or more contestants, there will be a run-off to determine the winner (subsequent ties will yield subsequent run-offs until someone wins). The criteria to win in a run-off contest may be the same as the original contest, or such other criteria as determined by Shopularity in its sole and absolute discretion.
Shopularity will contact the winner based on the e-mail address provided during registration. Users are allowed to change this email address at any time during the contest via the user control panel, but it cannot be blank if they are a contestant.
Claiming of physical prizes requires an email to Shopularity from the winning sender email address within 3 days of being notified of winning at the email used to enter. Failure to respond within this time period will mean that the winner forfeits the prize. Shopularity is not required to award to any other contestant any prizes forfeited by the chosen winner(s).
Each prizewinner must supply Shopularity with his/her legal name, mailing address, birth date, daytime and nighttime telephone numbers.
All winners are also required to verify proper and legal picture identification and Social Security number within 30 days of notification of winning the prize. Winner may forfeit any and all winnings if verification cannot or has not been made within such 30 day period.
Shopularity will mail the contest prize to the winner's mailing address within seven (7) business days following its receipt of the information described above.
Electronic prizes, such as electronic gift cards, will be emailed with instructions for redemption to the winner's email address at the conclusion of the contest.
Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred. Shopularity will comply with laws and regulations that require it to report winnings to all appropriate taxing authorities.
If the specified prize becomes unavailable due to unforeseen circumstances, Shopularity may substitute a prize of like or equal value.
Prizes can only be shipped to the 48 contiguous states and Alaska and Hawaii.
Each user will have his own profile page that has the following information: any contests in which that user is a contestant, list of past contests where the user participated and his rank, amount of points available, basic profile information (name, city, photo, link to social network profile), and an activity stream which displays all activity of or relating to the user, including vote actions, point redemption, point reception and comments.
Any attempt to "game" the system by creating fake accounts, using fake accounts to vote, using "bots" to circumvent system functions, or any other behavior deemed suspicious or fraudulent by Shopularity will result in any or all of the following actions, up to and possibly including the immediate disqualification of a Contestant from a contest and subsequent banning of said user from all future Shopularity activities: removal of any votes or points received or given from fraudulent accounts, banning of fraudulent accounts from Shopularity, removal from all Shopularity e-mail lists.
Shopularity may disqualify and/or ban users at its sole discrection.
For a list of contest winner names, check the "Past Contests" section of our site.
Management, employees and families of Shopularity are prohibited from entering any contest.
Shopularity is not responsible for and will not consider incomplete, incorrect, lost, late or misdirected entries, or emails sent but not received by Shopularity for any reason, as potential contest winners. In addition, Shopularity is not responsible for and will not consider entries that are not received in accordance with Shopularity's specifications and procedures or are not received in the event that a social network goes down otherwise malfunctions and users are unable to log in to register or cast votes properly.
Shopularity is also not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email, or on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from participating or downloading materials in the contest.
Shopularity reserves the right to cancel, terminate, modify or suspend the contest in the event that the contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Shopularity which corrupt or affect the administration, security, fairness, integrity or proper conduct of the contest.
Neither Shopularity, Shopularity sponsors, nor employees of Shopularity or sponsors may be held liable for any warranty, costs, damage, injury, or any other claims incurred as a result of usage of any winners of a prize. Shopularity is not liable for any loss arising out of or in connection with or resulting from any contest promoted by Shopularity.
Shopularity may change a user's profile picture without warning to something more generic, including, but not limited to, the Shopularity logo, if a user's profile picture is deemed inappropriate at Shopularity's sole discretion.
Shopularity reserves the right to alter any rules of any contest at anytime. If you have any questions or complaints about a Shopularity contest, please contact questions at firstname.lastname@example.org.
ALL CONTESTS ARE VOID WHERE PROHIBITED BY LAW.
Only legal residents of the United States may participate as a Contestant.
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post or display will be able to be viewed by other users of the Services and through third party services and websites. You should provide only Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Shopularity and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Shopularity provides are always evolving and the form and nature of the Services that Shopularity provides may change from time to time without prior notice to you. In addition, Shopularity may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use of the Services at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Shopularity on the Services are subject to change. In consideration for Shopularity granting you access to and use of the Services, you agree that Shopularity and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Shopularity account, which you may not be able to opt-out from receiving.
Children Under the Age of 13
The Shopularity site is in full compliance with The Children's Online Privacy Protection Act and we will not knowingly collect, use, or disclose personal information from children under 13 years of age. By submitting any personally identifying information, you certify that you are at least 13 years of age. If we discover that we have received any information from or about a child under 13 in violation of this statement, we will delete that information.
Shopularity will not store any passwords. Shopularity does, however, store secure authentication tokens to log the user in automatically to a social network for which that user has previously granted access to Shopularity. A user may revoke access to Shopularity from his or her social network at any time by following the procedures provided by his or her social network.
Content on the Services
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Shopularity be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Shopularity gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Shopularity as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Shopularity, in the manner permitted by these Terms.
All right, title, and interest in and to the Services are and will remain the exclusive property of Shopularity and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the Shopularity name or any of the Shopularity trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Shopularity, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
By submitting, posting or displaying Content on or through the Services, you hereby transfer all right, title and interest in and to such Content, which Shopularity may thereafter use, copy, reproduce, process, adapt, modify, publish, transmit, display and/or distribute in any and all media or distribution methods (now known or later developed) as it determines in its sole and absolute discretion.
You agree that such transfer includes, without limitation, the right for Shopularity to make such Content available to other companies, organizations or individuals who partner with Shopularity for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Shopularity, or other companies, organizations or individuals who partner with Shopularity, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by Shopularity or other users and our third party partners, including, without limitation, being rebroadcasted by our partners. If you do not have the right to submit Content for such use, it may subject you to liability. Shopularity will not be responsible or liable for any use of your Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames, in each case for any reason and in our sole and absolute discretion. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Shopularity, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Shopularity's computer systems, or the technical delivery systems of Shopularity's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Shopularity (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Shopularity; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Shopularity will not accept responsibility for information posted in the comments sections. In order to make our comments useful and interesting, the following guidelines have been established for comment users:
- Do not post threatening, harassing, defamatory, or libelous material.
- Do not post obscene material.
- Do not intentionally make false or misleading statements.
- Do not offer to sell or buy any product or service.
- Do not post material that infringes copyright or any other intellectual property interest.
- Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
Please note that once you post a comment to the site, it becomes part of the public conversation. Our policy is that we will generally not remove a user's comments unless we deem them to be in violation of these Terms. So if you want to say something that you will later regret personally, remember that we cannot remove your comments simply because you have a change of heart about making them.
Additionally, it is our policy not to delete comment accounts. Shopularity, however, reserves the right to remove comments and comment accounts entirely at its discretion, including without limitation for alleged violations of these Terms or legal rights.
Shopularity is not responsible for the content of user comments. If a third party complains that your comment violates these Terms or their rights, we will invite them to respond in the comments themselves. If they pursue the complaint, we will make reasonable efforts to contact you by the means you have provided us, to alert you to the situation. We may be compelled to turn over your contact information pursuant to legal process.
Image and Video Terms of Service
All video submissions shall be subject to and governed by the Terms of Service set forth by YouTube and which can be found at www.YouTube.com/terms and are hereby incorporated by reference as if set forth in full herein. All video submissions are also subject to the policies and guidelines described above under "Comments".
If Shopularity receives notice that material posted is not in keeping with these Terms or the intended use of the Comments section where it is posted, we reserve to right to remove the material. If you think we have published material that infringes your copyright, we will address your concerns; however, if we believe that our use is legitimate we will not remove it from the site.
Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site.
To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF sent to email@example.com) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please send us a response request certified mail that sets forth the items specified below at 374 West 46th Street, Suite 4W, New York, NY 10036 to confirm that we received your original complaint.
To enable us to address your concerns, please provide the following information:
- For each allegedly infringing image, video or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
- Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
- For images, provide the following information detailing your claim to ownership of the copyright in the allegedly infringing image:
Proof of copyright in the image concerned, i.e., proof of registration of the image under the DMCA; or absent such registration, a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright in the image.
We will not comply with requests to remove an image where the complainant cannot prove that the complainant owns the copyright in the image in question.
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the document and email it to firstname.lastname@example.org.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our sites is infringing copyrights as to which you claim copyrights.
External Links Disclaimer
This site routinely contains links to external, third party websites. By providing links to other sites, Shopularity does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site.
Shopularity does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to this site assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
Information on the Shopularity website may contain errors or inaccuracies. Shopulatiy does not make any warranty as to the correctness or reliability of the site's content. Links to content on and quotation of material from other sites are not the responsibility of Shopularity.
Shopularity has technical, administrative and physical safeguards in place to help protect against unauthorized access to, use or disclosure of user information we maintain. Under our security practices and policies, access to personally identifiable information is authorized only for those who have a business need for such access, and sensitive records are to be retained only as long as necessary for business or legal needs and destroyed before disposal.
Although we work hard to protect personal information that we collect and store, no program is one hundred percent secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information.
If you become aware of a security issue, please email us at email@example.com. We will work with you to address any problems.
Notification of Changes
These Terms may be amended or modified from time to time in our sole discretion. Whenever Shopularity changes these Terms, we will post those changes to this page, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOPULARITY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SHOPULARITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of Shopularity to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in New York County, New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
This statement of Contest Rules and Terms of Service is effective May 25th, 2011.
The Shopularity site is owned, operated and provided by theZombi LLC.
Copyright 2013 theZombi LLC. All rights reserved.