Terms of Service
The following “Terms of Service” constitutes an agreement between GBG USA Inc., including its officers, directors, shareholders, employees, agents and affiliates (“GBG”) and you, the visitor, governing your access and use of all content and functionalities available at the URL boomdash.com and any related domain names, and any other website or micro-site of GBG (collectively, the “Website”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE. USE OR ACCESS OF THE WEBSITE WILL BE AN INDICATION THAT YOU AGREE TO EACH OF THE TERMS AND CONDITIONS PROVIDED HEREIN (COLLECTIVELY REFERRED TO HEREIN AS THIS “AGREEMENT” OR THE “TERMS OF SERVICE”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE FOR ANY PURPOSE.
1. Your Relationship with GBG
If you do not agree to any of the terms of this Agreement, please do not use the Website.
2. Accepting the Terms of Service
2.1. By your use of the Website, you certify that you have all the necessary rights, power and authority to enter into this Agreement and perform the obligations set forth under this Agreement.
2.2. You understand and agree that GBG will treat your actual use of the Services as an acceptance of the terms of this Agreement from that point onwards.
3. General Restrictions on Use
3.1. You agree to use the Services only for purposes that are permitted by (a) the Terms of Service and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
3.2. GBG hereby grants you permission to access and use the Website and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of the Terms of Service on your part:
A. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by GBG, unless you have been specifically allowed to do so in a separate agreement with GBG. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
B. You agree that you will not engage in any activity that interferes with, modifies, alters or disrupts the Services (or the servers and networks which are connected to the Services).
C. Unless you have been specifically permitted to do so in a separate agreement with GBG, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
D. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
E. Unless you have been expressly authorized to do so in writing by GBG, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any products or services bearing any Trademarks (as defined below) in a way that is likely or intended to cause confusion about the owner or authorized user of such Trademarks.
F. You agree not to collect or harvest any personally identifiable information, including email address, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to any submissions made by them.
G. You agree that you are only permitted to use the Website and the Services for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
H. You may not use any of the Services to post, publish, distribute, display or transmit any sexually suggestive, pornographic, infringing, hate-related, violent or illegal content.
I. You agree that you are solely responsible for (and that GBG has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which GBG may suffer) of any such breach.
4.1. GBG owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other information contained in the Website and/or used in connection with the Services, including the “look and feel” of the Website and all HTML and other code and scripts in any format used to implement the Website (the “Content”). The Content of the Website is protected by copyright. You may not use, copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, rent, lease, loan, sell, create derivative works based on the Content (either in whole or in part) or otherwise distribute the Content from the Website for any purpose other than as set forth herein without the prior written permission of GBG or, in the case of third party materials, the owner of that Content. Any third party Content appearing on the Website is owned by the respective third parties.
4.2. All names, logos, trademarks and service marks which appear on the Website in any form or embodiment, and all goodwill associated therewith (“Trademarks”) and intellectual property rights related to the foregoing, are the property of GBG or are used by GBG under license. You may not use any of the foregoing for any purpose without the prior express written permission of GBG.
4.3. Your failure to comply with this Section 4 of the Agreement will constitute a breach of contract and will violate GBG’s copyright, trademark and other proprietary and intellectual property rights.
4.4. You agree that you are solely responsible for (and that GBG has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which GBG may suffer) by doing so. You agree that you will not post, publish, distribute, display or transmit any sexually suggestive, pornographic, infringing, hate-related, violent or illegal Content.
4.5. GBG is not responsible for the accuracy or reliability of any Content passing through the Website by advertisers. The Website may contain links to third party websites, applications, or programs that are not controlled by or affiliated with GBG. GBG is not responsible for the content, information, offers or privacy policies of such websites, applications, or programs.
5. Disclaimers and Warranties
5.1. The Services are provided “as is” and GBG makes no warranty or representation of any kind to you with respect to them. In particular GBG does not represent or warrant to you that:
A. the Services will meet your requirements;
B. the Services will be uninterrupted, timely, secure or free from error;
C. any information, including Content, obtained by you as a result of your use of the Services will be accurate or reliable; and
D. that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
5.2. GBG expressly disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Website; (ii) regarding the Content, goods, services, advice, information or links provided by any third parties or users; (iii) that the Website will meet your requirements; or (iv) that the Website will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in this Agreement.
5.3. GBG assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Website.
5.4. You acknowledge that no representation has been made regarding the success or distribution of the Content and/or Services. Nothing herein shall be construed to obligate GBG to publish or distribute any Content or Services.
5.5. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Content and/or Services except to the extent that they are expressly set out in this Agreement.
5.6. You understand and acknowledge that in using the Website and the Services, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you and that, in this respect, you use the Services at your own risk. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GBG with respect to any such Content.
6. Limitation of Liability
6.1. IN NO EVENT SHALL GBG BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES, WHETHER OR NOT GBG HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF ANY SUCH LOSSES ARISING.
6.2. The limitations on GBG’s liability set forth in Section 6.1 above shall include any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; (ii) any changes which GBG may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services; or (iv) any other matter relating to the Website, the Services, or the Content.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES, OR THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.
7.1. You agree to defend, indemnify and hold harmless GBG, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) Content you created, displayed, distributed or transmitted on the Website. This defense and indemnification obligation will survive this Agreement and your use of the Website and Services.
8. Digital Millennium Copyright Act
8.1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Copyright Agent as follows:
GBG USA Inc.
350 5th Avenue, 6th Fl.
New York, NY 10118
Attn: Copyright Agent
9.1. Complete Agreement.
This Agreement constitutes the whole legal agreement between you and GBG and governs your use of the Services and completely replaces any prior agreements between you and GBG in relation to the Services. Notwithstanding the foregoing, you understand that GBG may make changes to this Agreement from time to time. When these changes are made, GBG will make a new copy of this Agreement available at https://boomdash.com/terms-of-service.
You agree that GBG is under no obligation to provide you with notices regarding changes to this Agreement. You understand that it is your responsibility to check the Terms of Service web page regularly for changes.
9.2. Modifications to the Services.
GBG is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which GBG provides may change from time to time without prior notice to you. You further acknowledge and agree that GBG may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at GBG’s sole discretion, without prior notice to you.
9.3. Liability in the Event of Breach.
You agree that you will comply with all of the provisions of this Agreement. You understand that you are solely responsible for (and that GBG has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which GBG may suffer) of any such breach.
9.4. Rights Not Waived.
You agree that if GBG does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which GBG has the benefit of under any applicable law), this will not be taken to be a formal waiver of GBG’s rights and that those rights or remedies will still be available to GBG.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of the terms hereof. The remaining provisions of this Agreement will continue to be valid and enforceable.
9.6. Governing Law.
This Agreement, and your relationship with GBG under this Agreement, shall be governed by the laws of the State of New York. You and GBG agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
9.7. Violation of Terms of Service. Please report any violations of the Terms of Service by emailing email@example.com
9.8. Independent Relationship.
You and GBG are independent contractors, and this Agreement, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and GBG. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in this Agreement. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in this Agreement.
Last Updated: January 5, 2017
BOOMDASH INSTAGRAM SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH, ANY SOCIAL MEDIA ON WHICH IT MAY APPEAR, INCLUDING, BUT NOT LIMITED TO, FACEBOOK, TWITTER, INSTAGRAM, PINTEREST, AND SNAPCHAT (“SOCIAL MEDIA PLATFORM(S)”).
1. ELIGIBILITY. The Boomdash Instagram Sweepstakes (the “Sweepstakes”) is open to individuals legally residing in the fifty (50) United States or the District of Columbia (excluding Rhode Island) who are at least 18 years of age (19 in Alabama and Nebraska) or older at the time of entry (an “Entrant”). Employees and agents of GBG USA Inc. (“Sponsor”) and each of its parents, subsidiaries, affiliates, agencies, distributors, wholesalers and retailers, and members of such employees’ and agents’ immediate families and individuals living in the same household with such employees, are not eligible to enter or win the Sweepstakes. Void where prohibited or otherwise restricted by law.
2. PROMOTION PERIOD. The Sweepstakes begins on September 13, 2017 at 9:00 a.m. Pacific Time (“PT”) and ends at 11:59:59 p.m. PT on September 14, 2017 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion.
3. HOW TO ENTER. During the Promotion Period, eligible individuals may enter the Sweepstakes by visiting https://www.instagram.com/kikhaly/ and completing rules of entry as posted. The entry must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. There is no limit to the number of entries. You must provide the information requested. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Sponsor.
Once submitted, all entries/entry information becomes the exclusive property of Sponsor and will not be acknowledged nor will they be returned. All interpretations of these official rules (“Official Rules”) and decisions made by Sponsor relating to the Sweepstakes are final. Only fully completed entry forms are eligible. Entrant can enter on behalf of his/herself only. Use of any automated program to enter will result in disqualification. All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries”. In the event of dispute as to who submitted an Eligible Entry, the Eligible Entry will be deemed submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question.
4. DRAWING AND AWARDING OF PRIZES. The Winner will be selected by Sponsor in a random drawing (“Prize Drawing”) conducted from among all Eligible Entries received by Sponsor during the Promotion Period. Odds of winning depend upon the number of Eligible Entries received. Sponsor’s decisions will be final in all matters relating to this Sweepstakes. The Prize Drawing will be conducted within ten (10) days of the Promotion Period’s end date. The Prize Winner will be notified using contact information provided or collected at the time of entry with instructions on how to verify eligibility and claim the Prize (as defined below). Sponsor shall have no liability for any Winner notification that is lost, intercepted or not received by a potential Winner for any reason. Entrants may be required sign an affidavit of eligibility (which affirms that Entrant complied with these Official Rules), as well as a liability release, and where legal, a publicity release, all of which of which must be completed, signed and returned within five (5) days from date of issuance, or the Prize may be forfeited and awarded to alternate Winners. If, despite reasonable efforts, a potential Winner does not respond within forty-eight (48) hours of the first notification attempt by Sponsor, or if the Prize or Prize notification is returned as unclaimed or undeliverable to such potential Winner, the Prize will be forfeited and may be awarded to alternate Winners. By accepting the Prize, Winner acknowledges compliance with these Official Rules. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of Entrants.
5. PRIZES. The prize winner (“Winner”) will receive the following prize (the “Prize”):
Approximate Retail Value (“ARV”) of all Prizes: $100.00 USD.
Limit: one (1) Prize per person. Prize cannot be transferred, substituted or redeemed for cash, except at Sponsor's sole discretion. Sponsor reserves the right to substitute any Prize, or portion thereof, with a Prize of comparable or greater value, in its sole discretion. Gift cards and shopping credit may be subject to additional terms and conditions. An unclaimed Prize will not be awarded. The value of the Prize will be taxable to Winners as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of the Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility. Winner is solely responsible for reporting and paying any and all applicable taxes. United States residents who win $600 or more in Prizes must provide the Sponsor with a valid taxpayer identification number and a signed IRS Form W-9 before any Prize will be awarded and will have income reported to them on IRS Form 1099, as required under IRS rules, and a copy of said form will be sent to the IRS.
6. PUBLICITY. Except where prohibited, acceptance of the Prize shall constitute and signify Winner’s agreement and consent that Sponsor and its designees may use the Winner’s name, city, state, likeness and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes without payment, notification, permission or other consideration, except where prohibited by law.
8. OTHER CONDITIONS. All federal, state and local laws and regulations apply. Sponsor reserves the right, at its sole discretion, to modify or suspend this Sweepstakes or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, (b) the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Official Rules, or (c) the Sweepstakes is otherwise not capable of running as planned by Sponsor. In the event of modification or suspension, Sponsor shall award the Prize to a Winner to be selected in a random drawing from among the remaining uncorrupted Eligible Entries.
9. RELEASE. By entering, Entrants agree to release and hold harmless Sponsor and its parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, prize providers, promotion partners (including, but not limited to, any individuals promoting and/or associated with the Sweepstakes), wholesalers and retailers, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively, the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Sweepstakes or acceptance or use of any Prize or participation in any Sweepstakes-related travel or other activity and for any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Sweepstakes, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries which are late, lost, stolen, damaged, illegible, unintelligible, misdirected, mutilated, incomplete and/or postage due (or any combination thereof). By entering, Entrants agree to comply with these Official Rules. Any Entrant who attempts to tamper with this Sweepstakes in any way shall be disqualified.
10. DISPUTES. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the federal or state courts located in New York, NY; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and (iii) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
11. WINNER LIST. For a list of Winners, email firstname.lastname@example.org. Requests must be received within ninety (90) days after the Promotion Period.
12. SPONSOR. GBG USA Inc., Empire State Building, 350 5th Avenue, 6th Floor, New York, New York 10118.
© 2017 GBG USA Inc. All Rights Reserved.