Terms & Conditions
REGISTRATION GIVEAWAY
These terms and conditions (“Terms and Conditions”) apply to the licensed “Mubadala Silicon Valley Classic tournament” product and the QR code attached or displayed via the product or service (“The Product”) as marketed by the exhibitor. Upon registering and providing your details, you (“the Participant”) will be eligible to claim an Offer or Gift from the “Mubadala Silicon Valley Classic tournament” brand or the licensed product manufacturer (or vendors or exhibitors). This offer applies to that Product which has its own QR code.
1. The Offers and Gifts in this Registration Giveaway (hereafter referred to as “the Giveaway”) are provided by Mubadala Silicon Valley Classic tournament, whose registered address is 347 Don Shula Drive, Miami Gardens, FL 33056 USA (“the Prize Provider”). The Giveaway is administered on Prize Provider’s behalf by Fabacus Services Limited, 12 Soho Square - 2nd Floor, London, UNITED KINGDOM W1D 3QF (“the Administrator”).
Eligibility
2. The Giveaway is open to individuals aged 18 years or over, excluding employees and their immediate families (defined as parents, siblings, children & spouse regardless of where they live) of the Prize Provider or Administrator, their affiliated companies, their agents or anyone professionally connected with the Giveaway. Participation in the Giveaway is only open to legal residents of the United 50 United States (excluding, Guam, Puerto Rico and all other U.S. territories and possessions), the District of Columbia, and Canada (excluding Quebec) physically located and residing therein.
3. The Giveaway begins and ends as designated on the landing page for Offers and Gifts (“the Giveaway Period”). Any Product registrations before or after these times will not be considered as eligible for the applicable Offers and Gifts in that Giveaway Period. Documentation related to the Product may not be required at the time of Product registration; however, Administrator reserves the right to request proof of documentation related to the Product during your participation if such proof, in the sole discretion of Administrator, becomes necessary. No such documentation will be returned to Participant by Administrator.
SUBMISSION PROCESS & HOW TO PARTICIPATE
4. Participants that register any “Mubadala Silicon Valley Classic tournament” Product and submit any additional information as required for participation will be entered into the Giveaway. All Participants are subject to all notices posted online including but not limited to the Administrator’s Cookie Policy and Privacy Policy. In the event of a dispute, online submissions will be deemed to have been submitted by the Authorized Account Holder of the email address provided at the time of submission. "Authorized Account Holder" means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the provided email address.
5. The Administrator reserves the right to verify the eligibility of all Participants.
6. Incomplete, incorrect, or otherwise invalid submissions will not be considered.
7. The Administrator reserves the right to de-activate a QR code without advance notice if it is reused, shared, or misused by a Participant.
8. Bad faith or fraudulent submissions will be invalidated. Submissions generated by script, macro or other automated means and submissions by any means which subvert the submission process will be void.
9. The Administrator reserves the right to exclude Participants and the Prize Provider and Administrator reserve the right to withhold the Offers and Gifts for violation of any of these Terms and Conditions. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Prize Provider’s and Administrator’s failure to enforce any of these Terms and Conditions shall not constitute a waiver.
10. The decision of the Administrator to exclude Participants or the decision of the Prize Provider or Administrator to withhold the Offers and Gifts is final and no correspondence will be entered into.11. The Prize Provider and Administrator will not be held responsible or liable for any technical, hardware, software, server, website or other failures or damage of any kind, to the extent that this prevents the Participant from or otherwise obstructs the Participant to enter in the Giveaway. Submissions made by fax, telephone or email will not be accepted. Illegible, incomplete or altered submission forms will be deemed void, as will submissions not completed in accordance with these Terms and Conditions.
11. The Prize Provider and Administrator will not be held responsible or liable for any technical, hardware, software, server, website or other failures or damage of any kind, to the extent that this prevents the Participant from or otherwise obstructs the Participant to enter in the Giveaway. Submissions made by fax, telephone or email will not be accepted. Illegible, incomplete or altered submission forms will be deemed void, as will submissions not completed in accordance with these Terms and Conditions.
REWARDS
12. The Offers and Gifts are as designated on the landing page and will be emailed directly to the address provided in the registration form.
13. There are no cash alternatives to the Offers and Gifts. The Offers and Gifts are non-transferable. Prize Provider and Administrator wish to advise Participants in advance that some Offers and Gifts may not be available in some parts of the world. All gifts are awarded “as is” without any warranty of any kind.
14. In the event of unforeseen circumstances, the Prize Provider reserves the right to offer an alternative Gift of equal or greater value should an original Gift become unavailable.
15. The value of any Offers and Gifts is as designated or is the ordinary market or retail value. Participants are responsible for all taxes and fees and phone service charges associated with receipt and/or use of a Gift.
Privacy and Data Protection
16. Any personal data relating to Participants will be used in accordance with Administrator’s Cookie Policy and Privacy Policy at https://taste.xela.co/privacy/.
17. During the Giveaway Period(s) and until such time that Prize Provider and Administrator are no longer offering the Giveaway, Administrator will be the Business as that term is defined in the California Consumer Privacy Act or an Organization as that term is defined in the Personal Information Protection and Electronic Documents Act with respect to the personal data of Participants, in each case as amended, replaced or superseded from time to time, and all applicable legislation protecting the fundamental rights and freedoms of persons and their right to privacy with regard to the processing of personal data. At such time that the Giveaway Period(s) have all expired, Prize Provider will become the Business or Organizer with respect to of the personal data of Participants.
General
18. The Administrator reserves the right to cancel, suspend and/or modify the Giveaway or amend these Terms and Conditions at any time for any reason and without prior notice. Any amendment to the Terms and Conditions will be posted on this website.
19. Except where expressly stated to the contrary, images, graphics, content, logos, trademarks, and any and all other intellectual property appearing on this website or otherwise in connection with the Giveaway are the property of Prize Provider, Administrator, or are used with permission of third parties and may not be copied, modified or used without the prior written consent of the respective owner. Participants should not share or copy any of the material made available through the Giveaway or reproduce/rebroadcast any of the images, recordings or material without specific, advance, written permission from the respective owner.
20. By participating in this Giveaway, you agree to participate in any reasonable marketing and promotional activities required by the Prize Provider or Administrator. By participating, you agree to release and hold harmless Prize Provider, Administrator, and their respective parents, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and Gift suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Giveaway or receipt or use or misuse of any Gift.
21. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participant, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the submission process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Giveaway or receipt or use or misuse of any Gift. Prize Provider and Administrator are not responsible for misdirected or undeliverable submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Prize Provider and Administrator are not responsible for any typographical/other error in submissions, or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Giveaway. Except where prohibited by applicable law, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any gift awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and federal courts located in Santa Clara County, State of California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participation in this Giveaway, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
22. By participating in the Giveaway, Participants will be deemed to have read and accepted these Terms and Conditions.
23. These Terms and Conditions are governed by California law. In the event of any discrepancy or inconsistency between the California law and the local law of a Participant, the Giveaway and these Terms and Conditions, the California law version shall prevail. The Giveaway is subject to all applicable international, federal, state, and local laws and regulations and is void where prohibited by law.
YOUR CONSENT; LIMITATION OF LIABILITY; INDEMNITY
Giveaway is void where taxed, prohibited or restricted by law. You cannot substitute, transfer or redeem the digital code for cash. You are responsible for all federal, state and local taxes as well as any other costs or expenses associated with use of the digital code not specified herein as being provided. By participating in the Giveaway, you agree (i) to release, discharge, indemnify and hold harmless Mubadala Silicon Valley Classic tournament, International Merchandising Company, LLC, and their respective parent, subsidiaries, affiliates, distributors, retailers, sponsors, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from any liability or damages which may arise out of participation in the Giveaway or out of the acceptance, use, misuse or possession of any product or service attained through this Giveaway. All applicable federal, state and local laws and regulations apply. Released Parties are not responsible for late, lost, incomplete, illegible, delayed, inaccurate, garbled, undelivered, misdirected requests, email, texts, or mail, or other errors or problems of any kind relating to or in connection with the Giveaway, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Giveaway or in any Giveaway-related materials. Persons found tampering with or abusing any aspect of this Giveaway, who are acting in a disruptive manner or who are otherwise not in compliance with these terms, as solely determined by Released Parties will not be eligible. Released Parties are not responsible for injury or damage to participants' or to any other person's computer or mobile device related to or resulting from participating in this Giveaway. You shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with winner’s participation in the Giveaway, including, without limitation, the acceptance, possession, grant, or use of any prize and any personal injury, death and property damage arising therefrom.
PRIVACY POLICY
Any personal information collected from Participant during participation in the Giveaway will be collected by Administrator or their agents and used by Administrator and Prize Provider and their respective affiliated companies and agents for administration, fulfilment and remarketing of this Giveaway as described in these Terms and Conditions, and in accordance with Administrator’s Privacy Policy as stated at http://silicon-valley-classic.xela.co/terms/.
PRIZE PROVIDER
Mubadala Silicon Valley Classic tournament
347 Don Shula Drive, Miami Gardens, FL 33056 USA.
ADMINISTRATOR
Fabacus Services Limited, 12 Soho Square, London, England, W1D 3QF
ARBITRATION/CHOICE OF LAW
By participating in the Giveaway, you agree that any controversy or claim arising out of or relating to this Giveaway (including without limitation the rewards) or relating to these terms, their enforcement, arbitrability or interpretation, shall be submitted to the American Arbitration Association (“AAA”) for final and binding arbitration under its commercial arbitration rules and procedures then in effect, to be held in Los Angeles, California, before a single arbitrator. The arbitrator shall be a retired California superior court or court of appeal judge selected by the American arbitration association. If the parties still cannot agree on an arbitrator, the arbitrator shall be appointed by AAA. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. the parties will share equally in payment of the arbitrator's fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Notwithstanding the foregoing, the arbitrator may require that such fees be borne in such other manner as the arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. You acknowledge that the internal substantive laws (as distinguished from the choice of law rules) of the state of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these terms and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these terms.
