Kobe Day Sweepstakes Terms and Conditions

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Giveaway winners will be selected at random. You must be an emancipated adult to participate. Except where prohibited, participation in the giveaway prizes constitutes your consent to our use of your name, photo, likeness, entry, and state of residence for promotional purposes in any media without payment or other consideration from us.

  1. NO PURCHASE, PAYMENT OR CONSIDERATION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES OR TO RECEIVE A PRIZE.  A PURCHASE WILL NOT AFFECT OR IMPROVE THE CHANCES OF WINNING. This sweepstakes (the “Sweepstakes”) is subject to all applicable laws and regulations, and shall be deemed as void where prohibited or restricted by law.
  2. Sponsor: Fiverr International Ltd. (herein sometimes, “Sponsor”, “Fiverr”, “we,” “us” or “our”).
  3. Eligibility: The Sweepstakes is offered in the US only and available for US residents. Participants of this Sweepstakes are chosen by Fiverr according to criteria at its own consideration. The following are ineligible to participate in the Sweepstakes: The Sweepstakes are not open to: (i) employees, independent contractors, officers, directors, agents or representatives of Fiverr or of Fiverr’s affiliates, subsidiaries, successors and/or assigns, or of Fiverr’s advertising, promotion and fulfillment agencies, and legal advisors and the immediate family members (mother, father, brother, sister, daughter, son or spouse, regardless of where they live) and persons living in the same household (whether or not related) of any of the foregoing; (ii) non-natural persons (such as corporations, joint ventures trusts or other legal entities); (iii) persons under the age of majority, or 18 years, whichever is lesser under the law that applies to them; and (iv) any person located in a territory where the laws restrict us from doing business, including applicable export control laws.
  4. To Enter: To enter the Sweepstakes, comment on Fiverr’s Instagram post that announced the Sweepstakes and follow the instructions provided on that post. You will be entitled to one entry. All entries carry an equal chance of winning.
  5. Entries: Any use of robotic, automated, programmed or similar entry methods is prohibited and such entries shall be void.  Fiverr is not responsible for: (i) late, lost, illegible, misdirected, damaged, incomplete, improperly submitted, undeliverable or otherwise irregular entries; (ii) theft, destruction, unauthorized access to or alterations of entries; or (iii) phone, electrical, network, computer, hardware, software or transmission malfunctions, failures or difficulties.  The Sweepstakes entries (including any content therein) that are submitted, transmitted or otherwise made available to us (via our website or otherwise) are and shall remain the sole and full responsibility of entrant.  Accordingly, each entrant represents and warrants to Fiverr that any entry submitted in the Sweepstakes: (a) is true, accurate, current, complete and not misleading, fraudulent or deceptive; (b) does not and will not violate any applicable national, state, provincial, regional or local laws (including those pertaining to sedition, obscenity, threat of harm or abuse); (c) does not violate the rights of any third party, including, without limitation, copyrights, trademark rights, trade secret and/or any other intangible property rights including any rights of publicity or rights of privacy; (d) is not offensive or defamatory, and does not contain vulgar or profane language, as determined by Fiverr in its sole discretion; and (e) will not subject Fiverr to any form of liability, prejudice or harm whatsoever. Submission of an entry constitutes each entrant’s certification that the entry is entrant’s own original work.  By submitting any entry, entrant hereby grants Fiverr and its successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, transmit or otherwise distribute, perform, modify, create derivative works based upon, incorporate into other works, publicly perform and/or display the entry or any portion thereof, in or through any medium, whether now known or hereafter created, in any manner without payment or other consideration, during or after the Sweepstakes Period. Nothing herein shall constitute an employment, joint venture, or partnership relationship between an entrant and Fiverr.
  6. Sweepstakes Period: The Sweepstakes begins on August 24, 2020 at 6 AM ET and ends on August 31 at midnight ET (the “Sweepstakes Period”).  Sponsor is not responsible for late, incomplete, misdirected, delayed or undelivered entries, including entries not timely received due to telephone failures, Internet failures or disruptions, or ISP problems. Incomplete information, regardless of cause, may result in disqualification of an entry.
  7. Selection of Winners:  One winner will be selected from all eligible entries received during the Sweepstakes Period in a random drawing conducted by us at the end of the Sweepstakes Period. The winner will be notified by email within 5 days of the end of the Sweepstakes Period. If a potential winner forfeits a prize (see Section 8), an alternate winner will be selected from all remaining, eligible entries until a winner is selected. Our decision as to winner is final and binding on all entrants. The odds of winning a prize depend on the total number of eligible entries received at any given time.
  8. Prizes: The prize is Custom painted Kobe Protros sneakers, customized by a Fiverr seller (size 14, no other sizes are available). The Sweepstakes is not affiliated with, sponsored by or endorsed by Instagram, Nike or any other person or entity except Fiverr. Trademarks and logos, including the brand names of products, are the property of their respective owners. PRIZES ARE OFFERED “AS IS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED.

Prizes are solely as stated and must be accepted as awarded. Prizes may not be exchanged for cash value or substituted. All taxes, duties, fees or other expenses associated with the prize are the sole responsibility of the winner.  All prizes will be awarded. Prizes will be delivered to winners who have submitted all the necessary contact information.

To receive a prize, each winner agrees to complete, sign and return an affidavit of eligibility and liability/publicity release. A winner’s prize will be forfeited and awarded to an alternate winner (selected by random drawing in accordance with Section 7) upon the occurrence of any of the following: (i) the failure of winner to confirm acceptance of the prize and return any required documents within seven (7) days of prize notification by us; (ii) the return of a prize or prize notification to us as non-deliverable; or (iii) determination by us that winner is ineligible or otherwise not in compliance with these Terms and Conditions (these “T&C’s”).

  1. Acceptance of T&C’s:  By participating, each entrant agrees to comply with these T&C’s and agrees that we are not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error that may occur in the processing of entries in the Sweepstakes.  Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of, the web site, or any technical failure or malfunction, or any injury or damage to an entrant’s or any other person’s, person or property.
  2. Personal Information: We may collect personal information about entrants online, in accordance with our Privacy Policy (which can be found at https://www.fiverr.com/privacy-policy and is incorporated herein by reference) and as may be more specifically set forth in these T&C’s. By participating in the Sweepstakes, entrants irrevocably consent to our collection and use of their personal information and acknowledge that they have read and accepted these T&C’s and our Privacy Policy. Except as otherwise provided herein, we will use the personal information collected from each entrant with respect to the Sweepstakes for the purposes of administration of the Sweepstakes and not for any other purpose.
  3. Publicity: By accepting a prize in the Sweepstakes, each winner grants to Fiverr, where permitted by law, the right to use and publish (worldwide, via the Internet and otherwise) his/her name, city and state of residence, portrait, image, picture, voice, likeness and comments for advertising, trade and promotional purposes without prior notification, review or approval and without payment or consideration. 
  4. General:

IN NO EVENT WILL FIVERR BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF: (1) ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, (2) THE NATURE OR QUALITY OF ANY PRIZES AWARDED, (3) ENTRANT’S ACCESS TO OR USE OF SPONSOR’S WEB SITES OR THIRD-PARTY APPLICATIONS, OR (4) THE ACCESSING, DOWNLOADING AND/OR PRINTING OF ANY MATERIAL AVAILABLE ON SAID SITE.  WITHOUT LIMITING THE FOREGOING, EVERYTHING OFFERED ON FIVERR’S WEB SITES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

Each entrant hereby remises, releases and forever discharges Fiverr and/or Instagram and their affiliates, partners, prize providers, advertising agencies, directors, officers, employees, representatives and shareholders from any and all liabilities arising or relating to the Sweepstakes, and hereby indemnifies and holds harmless Fiverr from and against all claims, liabilities, damages or losses of any kind.  Both the foregoing release and indemnity includes injury, death and property loss, arising from or in connection with: (i) acceptance, possession, use or misuse of any prize; (ii) participation in the Sweepstakes or any sweepstakes-related activity, as well as claims based in whole or in part, directly or indirectly, upon receipt, enjoyment, ownership, possession, use, misuse or inability to use any prize; (iii) whether under contract, tort (including negligence), warranty or any other applicable sources of law; (iv) any condition caused by events beyond Fiverr’s control that may cause the Sweepstakes to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; and (vi) any printing or typographical errors in any materials associated with the Sweepstakes.

If, for any reason, the Sweepstakes is not capable of running as planned because of circumstances including unauthorized intervention, fraud, technical failures, or any other causes, which, in Sponsor’s sole discretion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Fiverr reserves the right to cancel, terminate, modify or suspend the Sweepstakes and to select winners, if any are selected, from entries received prior to the occurrence of such cause. Fiverr may disqualify any entrant who tampers with the entry process or operation of the Sweepstakes or who violates these T&C’s. 

ANY ATTEMPT BY AN ENTRANT OR ANY THIRD PARTY TO CIRCUMVENT, TAMPER, DISRUPT OR DAMAGE THE SWEEPSTAKES ENTRY PROCESS, THE FIVERR WEBSITES OR SYSTEMS, DEFRAUD OR GAIN AN UNFAIR ADVANTAGE, ENGAGE IN UNSPORTSMANLIKE, DISRUPTIVE, ANNOYING, HARASSING OR THREATENING CONDUCT, OR OTHERWISE UNDERMINE THE FAIRNESS, INTEGRITY AND LEGITIMATE OPERATION OF THE SWEEPSTAKES, WILL RESULT IN AUTOMATIC DISQUALIFICATION FROM THE SWEEPSTAKES AND MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS.  FIVERR RESERVES ALL RIGHTS, INCLUDING ITS RIGHTS TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES), TO THE FULLEST EXTENT OF THE LAW, INCLUDING THE POSSIBILITY OF REFERRAL FOR CRIMINAL PROSECUTION.

By registering to enter the Sweepstakes, each entrant acknowledges he/she has read, understands and will abide by these T&C’s. All issues and questions concerning the construction, validity, interpretation and enforceability of these T&C’s, and the rights and obligations of entrants and of Fiverr in connection with the Sweepstakes, shall be governed by and in accordance with the laws of the State of Delaware, U.S.A., without regard to conflict of laws principles.

  1. Dispute Resolution:  

Negotiation. Prior to initiating any proceeding arising out of or relating to these T&C’s, the initiating party (be it an entrant or Fiverr) shall provide the other party with written notice of his/her/its claim or claims (the “Initial Notice”). Following receipt of the Initial Notice, the parties shall attempt to amicably resolve the claim or claims for a period of thirty (30) days. Each party shall appoint a single individual to be a point of contact during the negotiating period.  Nothing in the foregoing shall prevent either party from amending claims and/or asserting counterclaims in any action or proceeding that is initiated if negotiations relating to the Initial Notice are unsuccessful.

Arbitration. Any and all disputes or claims arising under or relating to the Sweepstakes and/or these T&C’s shall be resolved by arbitration before a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “Arbitration”). The Arbitration shall take place in the City of New York, the State of New York, in the U.S.A., and the official language of the Arbitration shall be English. The arbitrator shall issue a written, reasoned decision accompanying any award within sixty (60) days of the completion of the arbitration hearing.

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