CONTEST PEARL TERMS OF SERVICE

Last Updated: 7 November 2020

Welcome

Welcome to Contest Pearl! We offer both free and paid Services (which includes our Site, App, and any other service we provide) to help you create, run, and participate in contests and giveaways. These Services are operated by Contest Pearl LLC (“we,” “us,” “our,” or “Contest Pearl”). Our Services, and your use of these Services, are subject to these Terms of Service. By using our Services, you (“you” or “user”) agree to these Terms of Service and our Privacy Policy. Please read them carefully.

We may revise, modify, change, or remove any part of these Terms of Service at any time by posting an update to our Terms of Service page. We encourage you to check back frequently, as your continued use of any Contest Pearl Services indicate that you accept those changes, whether you have read them or not. In addition, you and Contest Pearl will be subject to any posted rules or guidelines that apply to such Services.

IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE OR THE APP, AND DO NOT USE ANY OF THE SERVICES.

Registration & Access

In order to access and use our Services, you must first register to use them. Registration requires you to provide information and create a username and password (using Single Sign-On (SSO) may modify this requirement). The information that you provide can be updated through your account settings. Keep your password secure, and we recommend logging out of your account when not in use.

Accounts may not be sold or transferred without express written permission of Contest Pearl. Ownership changes can be reviewed and revoked.

Notify us immediately of any unauthorized use of your account, or any other security breach, by writing to us at contestpearl@gmail.com.

Fees & Billing

Certain aspects of Contest Pearl may be provided for a fee. If you choose to use paid aspects of the service, you agree to pay all charges incurred by your account when due, including any taxes and/or fees, in accordance with the billing terms in effect when the charge is due. This may include recurring payments if you select such a plan.

If you choose a plan with a recurring payment, Contest Pearl will automatically bill you on the payment cycle that you selected until you change plans or cancel your account. By signing up for a Contest Pearl paid account and providing Contest Pearl with your payment information, you hereby agree to these payment terms and conditions. If payment cannot be completed with your credit card when due, or if the payment is returned for any reason, Contest Pearl may suspend, revoke access to, or terminate your account.

Unless you notify Contest Pearl before the end of the subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable recurring subscription fee (as well as any taxes and other charges) using any credit card or other payment mechanism we have on record for you. Your subscription can be canceled at any time in your account settings.

If your payment method expires, such as with a credit card, your continued use of Contest Pearl Services constitutes your authorization for us to continue billing that payment method and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.

Contest Pearl will automatically bill your account each month on the calendar day corresponding to the start of your paid account. If your paid account started on a day not contained in a given month, we will bill your account on the last day of that month. For example, if you started your paid account on January 29, your next billing would occur on February 28 (except in a leap year, of course). If you upgrade to a more expensive Service level, the date of your upgrade will be your new “account start” date for recurring billing.

You acknowledge that the amount billed each payment period may vary for reasons that include: differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge you using the payment method you selected for such varying amounts. Contest Pearl may also periodically authorize your payment method in anticipation of account or related charges. Refunds for all fees and charges are governed by our Refund Policy.

Contest Pearl may add new services for additional fees, or amend fees, charges, or terms for existing services, at any time in its sole discretion. We reserve the right to change any fees or charges for services we provide, including the amount or basis for determining said fees or charges. Any such changes shall become effective in the billing cycle following the effective date of such change. Changes will be announced in update notes, via email, or by updating these Terms of Service.

You are responsible for managing your account. If you wish to cancel your account at any time, or for any reason, you may switch your plan back to the free version inside the app through the Plans option. Failure to do this before the renewal date will result in a charge to renew your account for an additional period. You will still be able to access paid features through the end of your previously paid period. We will not provide a refund or credit for any partial month usage. Benefits of a paid account are non-transferrable.

Downgrading your Contest Pearl account may cause the loss of content, features, or capacity with your account. Content Pearl is not liable for any such loss.

All provisions of these Terms of Service which, by their nature, should survive termination of your account shall survive termination including, without limitation, warranty disclaimers, indemnity, and limitations of liability.

Refunds

Right now, Contest Pearl is completely free. We may add pricing tiers in the future. If we do, we’ll be sure to add a refund policy as well.

Contest Pearl BETA Limitations

Some of the Services and features we offer are currently provided in their BETA version, and so have not been fully developed, refined, or implemented. As with any BETA version, such Services and features are a work in progress that may have unresolved issues. Your use of this BETA version indicates your understanding and acceptance of the risks of using software that is still in development. We appreciate your patience as we continue to develop and refine our Services and features.

Ownership of the Services Provided to You

The Contest Pearl App, Services, Products, and underlying platforms are the proprietary property of either Contest Pearl or our licensors or licensees. When you subscribe to our Services, Contest Pearl grants you a personal, revocable, non-assignable, and non-exclusive license to use the Services for the term of the subscription in accordance with these Terms of Service, unless terminated earlier.

The name “Contest Pearl,” and other trademarks, slogans, service marks, trade names, etc. which are associated with the Services are proprietary to Contest Pearl. You shall not remove or alter any copyright notice, trademark, or other proprietary or restrictive notice or legend affixed to any material provided by Contest Pearl. Except as expressly stated herein, no right, license, or interest to such trademarks are generated or granted.

Relationship of Users and Contest Organizers

Contest Pearl facilitates Contest Organizers running contests which you can enter as a User. As a User, you acknowledge that the Contest Organizer is fully responsible for ensuring that their contest complies with all applicable laws, rules, and regulations in the country or countries it operates in. Contest Pearl is not liable for or responsible for the failure of any Contest Organizer to comply with these laws, rules, and regulations.

Contest Organizers are also responsible for ensuring that their contest complies with all rules and regulations of any Third Party site the contest is presented on, including social networks. Contest Pearl is not responsible for the loss of any data or accounts due to actions of Third Parties with respect to activities that are performed in violation of their rules and regulations.

You acknowledge and agree that Contest Pearl is not responsible or liable for the use or distribution of information that you provide to the Contest Organizer, whether by authorizing Contest Organizer access to such information or otherwise. Please pay careful attention to the Contest Organizer’s rules, terms, and privacy policy for details on how they will use your personal information.

All Users are required to fulfill any commitments, including providing any prizes, awards, etc. that are promised as part of a contest. Contest Pearl has zero tolerance for Contest Organizers who attempt to deceive anyone who uses our Services. Any disputes between a User and Contest Organizer must be resolved between the two parties. Contest Pearl does not take responsibility for resolving disputes or any legal matters.

Due to the global nature of electronic media, you acknowledge that you are responsible for compliance with local laws whenever you use Contest Pearl in any capacity. For your convenience, here is a link to information from the U.S. Federal Trade Commission on endorsements.

CONTEST PEARL DOES NOT ADMINISTER, ENDORSE, OR SPONSOR THE CONTENT OF ANY CONTEST CREATED THROUGH THE SITE OR APP UNLESS OTHERWISE STATED. CONTEST PEARL IS NOT LIABLE FOR THE CONTENT OF SUCH CONTESTS.

Reliability & Security

Contest Pearl strives to maintain a reliable and secure system for your data and contests. However, the reliability of hosting services, internet service providers, data transfer intermediaries, and other service providers cannot be guaranteed. When you use Contest Pearl Services, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect reliability or security.

Technical Support

Contest Pearl technical support is available by emailing contestpearl@gmail.com. We will respond to your support request within a reasonable time, typically within one business day.

Use of Services

We expect all Users to use Contest Pearl safely and ethically. You are solely responsible for the information You or any of your authorized users transmit, submit, or post through our Site or Services. You expressly agree that you, your use of the Services (which includes our Site, App, and any other service we provide), and your account content will not:

  • Use the Contest Pearl Services for any illegal or unauthorized purpose. You must not, in the use of the Contest Pearl Services, violate any laws in your jurisdiction (including but not limited to copyright laws)
  • Post, email, upload, transmit or otherwise make available any information, materials or other content that is illegal, abusive, harmful, threatening, harassing, obscene, defamatory, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group
  • Launch a Contest or entice Contestants to enter a Contest without the intention to award a prize
  • Create multiple or false Contestant accounts for the purpose of increasing campaign entries or redeeming multiple awards
  • Create multiple accounts after your account has been disabled
  • Knowingly run a Contest on behalf of a User that is already banned
  • Automate entries with the intent of defrauding the Contest Organizer or any other person or entity
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users
  • Create a fake Contest without the intention of providing a prize for your Contest, with the sole intention of driving entries to a real contest
  • Identify a winner outside of Contest Pearl entries, unless specifically mentioned in your Contest rules. For example, launching a Contest Pearl contest and selecting a winner by social media shares only. Doing so dishonestly solicits entries generated via Contest Pearl.
  • Run a Contest to refer Users to another competition, whether by a referral link or otherwise
  • Run a Contest promoting an initial coin offering (ICO) or airdrop unless you are the developer or an approved marketing partner
  • Run a Contest that is solely intended to exchange followers (or other actions) and not for business purposes
  • Run a Contest funded by donations or that mostly contains referral, affiliate links, or cost per action (CPA) offers
  • Collect, upload, phish, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
  • Use email addresses or other contact information collected through Contest Pearl maliciously or in a way that violates the CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to have you stop emailing them, or any applicable electronic communications laws in your jurisdiction
  • Collect, upload, phish, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software, or services
  • Give away game keys solely with the intent to farm followers for a group or social account
  • Repeatedly extend the end date of a Contest without users initially agreeing to terms that allow it
  • Encourage Users to break the terms of service (TOS) of an external site (for example, clicking Adsense ads)
  • Use or copy prize images that you do not own the copyright to
  • Upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights
  • Sublicense to, transfer, network, transmit, distribute, or permit use of the Service by, any third party without permission from Contest Pearl
  • Interfere with or disrupt the Service or other User’s use of the Service
  • Reverse engineer, decompile, or disassemble any aspect of Contest Pearl software or Services
  • Reproduce, duplicate, copy, or exploit any portion of the Contest Pearl Services, without the express written permission of Contest Pearl
  • Use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages or other content contained in Contest Pearl Services
  • Modify, adapt, or hack the Contest Pearl Services or falsely imply that some other site is associated with the Contest Pearl Services
  • Interfere with or disrupt the Contest Pearl Services, or any servers or networks connected to Contest Pearl Services, or disobey any requirements, procedures, policies, or regulations of networks connected to any aspect of Contest Pearl
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

A breach of any of the Terms of Service may result in a permanent account ban, or may trigger an investigation where Contest Pearl may require additional information from you, including communications with Users. Any active contests associated with the account may be interrupted until such information is provided and/or the matter is resolved.

DMCA & Copyright Infringement

Contest Pearl respects intellectual property rights and asks others to do the same. If you believe that material located on, linked to, or shared via Contest Pearl violates your copyright, please let us know by filling out our Copyright Infringement Notice. We will respond to all such notifications as appropriate and required, including by removing infringing material or disabling all links to infringing material.

A User who is determined to be a repeat infringer of copyrights or other intellectual property rights may, as appropriate, have their access revoked or account terminated. In the case of such loss of access or account termination, Contest Pearl is under no obligation to provide a refund of any amounts previously paid to Contest Pearl.

Third Party Applications & Reliability

Contest Pearl Services may contain links to other websites or applications maintained by third parties. These links are provided solely as a convenience and this does not imply endorsement of, or association with, the party by Contest Pearl. We are not liable for, nor can we be held responsible for:

  • Any changes or the inoperability of third party applications, whether temporary or permanent.
  • The content, rules, practices, privacy policies, or terms of service of any third party
  • Any issue, data breach, or problem with any third party service
  • Any other issue that may arise due to your usage of the third party service

You expressly relieve Contest Pearl from any and all liability arising from your use of any third party content or services.

You further acknowledge that third party services may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and you therefore will not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the third party services, in whole or in part, and will abide by the terms of service of such third party services.

Right to Shut Down, Deny or Limit Access, Remove Content

Contest Pearl reserves the right to suspend or terminate your account at any time and for any reason, or for no reason at all, in our sole discretion. Contest Pearl reserves the right to remove any User content which is abusive, disruptive, illegal, or that otherwise fails to adhere to our standards, and to limit or revoke your access to the Services, in full or in part, in its sole discretion, at any time, and for any reason, or for no reason at all, including, but not limited to, technical difficulties, or violation of these Terms of Service.

Your Feedback

We appreciate any feedback, comments, or suggestions you provide. However, please be aware that any unsolicited feedback, comments, suggestions, or ideas pertaining to our business, including ideas for new or improved products, services, technologies, enhancements, processes, materials, marketing, names, etc., will automatically become property of Contest Pearl upon submission, without any compensation to you.

Contest Pearl is under no obligation to review any submissions, or to keep them confidential. We may discard, use, store, adapt, or redistribute any such submission and its contents for any purpose and in any way we choose.

Please email any suggestions or feedback to contestpearl@gmail.com.

Confidentiality & Privacy

We are committed to protecting any personal information that we may collect through our products and services, and to ensuring that we explain how your personal information is used and stored. Please see our Privacy Policy for information on how Contest Pearl collects, uses, and discloses personal information from its users.

You may be required to provide personal information in order to participate in certain contests. If you choose to provide personal information, you acknowledge and agree that Contest Pearl may use any information that you provide in accordance with these Terms of Service and the Contest Pearl Privacy Policy.

By using this Site and our Services, you agree to our collection, use, and disclosure of personally identifying information in accordance with our Privacy Policy.

No Warranty

THIS SITE AND ASSOCIATED SERVICES ARE PROVIDED “AS-IS.” CONTEST PEARL AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE PRODUCTS AND SERVICES AND RELIANCE ON SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK.

CONTEST PEARL DOES NOT WARRANT THAT THE SITE OR PRODUCTS OR SERVICES WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. WHILE CONTEST PEARL ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL CONTEST PEARL, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, WITHOUT LIMITATION, FOR: (i) ANY SPECIAL, INDIRECT, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES; (ii) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (iii) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (iv) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO CONTEST PEARL UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. CONTEST PEARL SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING APPLIES TO MATERIAL PROVIDED OR OTHERWISE SUPPLIED BY CONTEST PEARL OR ANY THIRD PARTY. THE FOREGOING ALSO APPLIES TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Contest Pearl and its parent companies, affiliates, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all demands, claims, actions, losses, liability, costs, damages, or expenses whatsoever (including attorneys’ costs and fees) asserted against us, imposed upon us, or arising from your use of our Products and Services or those of related parties. Your indemnification includes, without limitation, all claims related to all content posted to or accessed from the Site or Products or Services. Contest Pearl will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.

Entire Agreement

These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements. You will not rely on any other statements or agreements, whether verbal or written, beyond what is contained in this agreement.

Severability

If any provision of this contract is found to be unenforceable, it will be interpreted to best accomplish the unenforceable provision’s intended purpose, and the rest of the agreement shall remain binding to both parties.

Applicable Law

This Terms of Service agreement and your use of the Contest Pearl Site, Products, and Services shall be governed by the laws of the United States of America and the State of Utah without regard to its conflicts of laws principles. Any legal action or proceeding related to Contest Pearl shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Utah. Nothing in this agreement limits a party’s ability to seek equitable relief.

Miscellaneous

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and that you will abide by and comply with these Terms of Service.

Failure to enforce any provision does not constitute a waiver of that provision.