Digital Project Competition for Companies – Terms & Conditions

OFFICIAL RULES AND TERMS AND CONDITIONS (The “Official Rules”)

By participating in the Top Digital Agency Ten Thousand Dollar Giveaway Contest (the “Contest”), You, the contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

This Contest is open only to those who sign up at https://topdigital.agency/join/ and are a registered company or organization in your relevant legal jurisdiction of operations as of the date of entry. The Contest is only open to legally recognized organizations and is void where prohibited by law. Employees of Top Digital Agency, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

By participating, the contestant (“You”) agree to be fully and unconditionally bound by these Official Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Top Digital Agency as final and binding as it relates to the content of this Contest.

Entries will be accepted online starting on 14 January 2019 and ending 27 February 2019 at midnight Pacific Standard Time (the “Closing Date”). All online entries must be received by the Closing Date.

Top Digital Agency is an online platform where organizations leave requests for digital services and digital agencies can pitch to them to provide that service. In order to participate in the Contest, You must leave a request for digital services on the Top Digital Agency platform (the “Project”). Projects can be for any digital service, including but not limited to branding, website design, digital marketing, as long as such service is supported by a digital agency on the Top Digital Agency platform. For a list of relevant services, please go to https://topdigital.agency/agency/. Projects must have a minimum budget of $10,000.00. By entering, You further certify that your Project is real, represents a genuine business need and that You intend to hire a digital agency for the Project if you can find the right match.

In addition, the entry must fulfil all Contest requirements and adhere to these Official Rules, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to these Official Rules or specifications may be disqualified at the sole discretion of Top Digital Agency. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Top Digital Agency.

The Winner of the Contest (the “Winner”) will be allocated $10,000.00 to pay any digital agency selected by the Winner on the Top Digital Agency platform for the Project. Top Digital Agency will make the prize payment directly to the digital agency upon receipt of evidence of selection of the agency or as otherwise agreed in writing by You and Top Digital Agency. No cash or other prize substitution shall be permitted except at Top Digital Agency’s sole discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Top Digital Agency to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

The odds of winning depend on the number of eligible entries received.

Winner will be selected by a committee of industry professionals in consultation with Top Digital Agency. Winner will be notified by email and/or telephone within five (5) days following selection of Winner. Top Digital Agency shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 10 days from the time the award notification was sent, the prize may be forfeited and an alternate Winner selected. Upon selection as Winner, Winner will have an additional 30 days to select a digital agency on the Top Digital Agency platform to perform the Project.

FAILURE TO SELECT A DIGITAL AGENCY ON THE TOP DIGITAL AGENCY PLATFORM DURING THE 30-DAY PERIOD FOLLOWING NOTIFICATION SHALL RENDER THE PRIZE VOID AND TOP DIGITAL AGENCY RESERVES THE RIGHT TO SELECT A NEW WINNER.

ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT TOP DIGITAL AGENCY‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. RECEIPT BY WINNER OF THE PRIZE OFFERED IN THIS CONTEST IS CONDITIONED UPON COMPLIANCE WITH ANY AND ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.

By entering this content, You understand and agree that Top Digital Agency, anyone acting on behalf of Top Digital Agency, and Top Digital Agency’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that any digital services requested by your entry represent a genuine business need of your company. You further represent and warrant that your entry does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Top Digital Agency. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Top Digital Agency from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Top Digital Agency may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

Top Digital Agency reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Top Digital Agency’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Top Digital Agency may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Top Digital Agency. Top Digital Agency reserves the right, in its sole discretion, to disqualify any contestant who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Official Rules. Top Digital Agency has the right, in its sole discretion, to maintain the integrity of the Contest, to void entries for any reason, including, but not limited to the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, Top Digital Agency reserves the right to seek damages to the fullest extent permitted by law.

TOP DIGITAL AGENCY RESERVES THE RIGHT TO TERMINATE, SUSPEND OR MODIFY THIS CONTEST, IN WHOLE OR IN PART, AT ANY TIME AND WITHOUT NOTICE OR OBLIGATION IF, IN TOP DIGITAL AGENCY’S SOLE DISCRETION, ANY FACTOR OR EVENT ARISES THAT COULD INTERFERE WITH THE PROPER CONDUCT, ADMINISTRATION, SECURITY OR IMPARTIALITY OF THE CONTEST AS CONTEMPLATED BY THESE OFFICIAL RULES.

Without limiting the generality of the foregoing, if the Contest, or any part thereof, is not capable of running as planned for any reason, including but not limited to insufficient entries, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole discretion of Top Digital Agency, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Top Digital Agency may, in its sole discretion, void any suspect entries and: (a) terminate the Contest, or any portion thereof; (b) modify or suspend the Contest, or any portion thereof, to address the impairment and then resume the Contest, or relevant portion, in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the Prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.

By entering, You agree to release and hold harmless Top Digital Agency and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; (v) electronic or human error in the administration of the Contest or the processing of entries.

The Contest hosted by Top Digital Agency is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, Twitter or any other entities unless otherwise explicitly stated.

THIS CONTEST IS GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the State of New York having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.

Information submitted with an entry is subject to the Privacy Policy and User Agreement stated on the Top Digital Agency website. To read the Privacy Policy, go to https://topdigital.agency/privacy-policy/. To read the Top Digital Agency User Agreement, go to https://topdigital.agency/user-agreement/.

To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Top Digital Agency, Juzna Obala IX 15, Zagreb 10000 Croatia. Requests must be received no later than 15 March 2019.

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