CONTEST OFFICIAL RULES
For US Residents
URGONight “Success Story” Program
1. Contest. The URGONight Sleep Training Program Contest (“Contest”) begins at 8:00 (AM) the 15th of August 2020 and ends on the earlier of the second (2nd) anniversary of that date or the date on which all Prizes (defined below) have been awarded pursuant to these rules (“Contest Period“). If the Contest ends before the second (2nd) anniversary of its start date, Sponsor (defined below) will put a notice on https://www.urgonight.com/en/module/powerfulformgenerator/display?id=1 . From all eligible entries around the world received in connection with the Contest, fifty (50) winners will be selected. Participation in the Contest for US resident is described, regulated, and clarified by, and wholly subject to, the provisions of these official rules (the “Official Rules”).
2. Sponsor. The Contest is organised by URGOTECH, registered in the Registre du Commerce et des Sociétés (registry of legal companies) of Paris, France under N°B 532 599 578, having its head office at 15 avenue d’Iéna 75116 Paris, France (the “Sponsor”).
3. Eligibility. The Contest is open only to Backers (defined below) who is major at the time of entry into the Contest, residents in U.S. (residents currently residing in any of the fifty (50) United States or the District of Columbia), France, Australia, Germany, United-Kingdom, or Canada, own the URGONight product (the “Product”), and have completed ten (10) or more sessions with Product. The country of residence shall be considered as the country of delivery of the Product. Directors, officers and employees of the Sponsor, and their affiliates, parents, and subsidiaries, and the immediate families of such persons (defined as a spouse, child, sibling, parent or grandparent, or “step” or “half” variations of any of the preceding individuals), and those living in the same households, are ineligible to enter or win prizes in the Contest. As used in these Official Rules, a “Backer” is an individual who purchased the Product on the Indiegogo platform in 2019 and received a Backers Code in the Product box. If a Backer has lost that Backers Code, he or she can enter the Contest by registering the email address used when purchasing the Product on the Indiegogo platform. Only individuals meeting all eligibility requirements set forth in these Official Rules may enter the Contest or win a prize (“Entrant”). The Contest is VOID where prohibited or restricted.
4. How to Enter. To enter the Contest, an Entrant must (i) enter their Backers Code in the “Code Backers” section of the submission form on the Contest entry page at https://www.urgonight.com/en/module/powerfulformgenerator/display?id=1 or register on the Contest entry page the email address used when purchasing the Product on the Indiegogo platform; and (ii) upload a Submission (defined below) as provided herein and which comply with the technical criteria indicated in the submission page. An Entrant may make multiple Submissions, free of charge, in the Contest.
5. Submission Content; Use of Submissions. A purpose of the Contest is for Entrants to share their experience in using the Product and to create a community among users and potential users of the Product. Entrants may choose the content uploaded by them in entering the Contest (a “Submission”) as indicated on the Contest entry page, subject to these Official Rules. By entering the Contest, each Entrant understands, acknowledges, and agrees that (i) each Submission will be considered non-confidential and non-proprietary; (ii) Entrants are solely responsible for their Submissions, and each Entrant, and not the Sponsor, has full responsibility for such Submission, including its legality, accuracy, and appropriateness; and (iii) Sponsor shall not be responsible or liable to any third party for the content of any Submission.
5.01. Content Requirements. Submissions shall not (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) contain sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonate any person, or misrepresent an Entrant’s identity or affiliation with any person or organization; (ix) contain information unrelated to the Product; or (x) contain any images or content related to a minor, defined herein as a person under the age of eighteen (18). If a Submission contains an image, such image shall be solely of the Entrant. Additional technical requirements and limitations for Submissions may be found at [URL].
5.02 Representations and Warranties. By entering the Contest, the Entrant represents and warrants to the Sponsor that (i) Entrant owns or controls all rights in and to the Submission and has the right to grant the rights granted to Sponsor to use the Submission as provided herein; (ii) the Submission will not infringe on the intellectual property rights of any third party; (iii) the Submission does not infringe on the privacy rights of any third party; (iv) Entrant has complied with these Official Rules; (v) the Submission complies with relevant law; and (vi) the Submission is original.
5.03 Use of Winners’ Submissions. By entering the Contest, each Winner irrevocably grants Sponsor and the Released Entities (defined below) the right to use, reproduce, modify, perform, display, and distribute the Submission in any manner and in any medium, now known or hereafter discovered or devised, worldwide in perpetuity, for purposes of advertising, marketing, trade, promotion and/or publicity. In addition, by entering the Contest or being selected as a potential Winner (defined below), all Entrants and potential/confirmed Winners hereby irrevocably consent to the use by the Sponsor of their Submission and all information contained therein including but not limited to, name, likeness, opinions, images, statements, and/or other indicia of persona, and personally identifiable information for any and all uses and purposes in any media now known or hereinafter developed throughout the world (including the World Wide Web and on-air) without additional consideration (where legal), consent or prior review, and upon request will provide written consent to such use.
5.05 Incomplete Entries. No incomplete Submissions, as judged by Sponsor in its sole discretion, will be accepted. Entries that contain content that, in Sponsor’s sole discretion, are not suitable or appropriate may be disqualified. All Submissions become the exclusive property of Sponsor and will not be returned or acknowledged.
5.06 Indemnification. Each Entrant agrees to defend, indemnify, and hold harmless the Sponsor and the Released Entities (defined below) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Entrant’s violation of these Official Rules, including but not limited to the provisions of this Section 5.
6. Selection of Winners; Odds of Winning. From time to time during the Contest Period, the Sponsor will review and judge the Submissions for creativity, originality, and how such Submission best describes the Entrant’s experience with the Product as well as the benefits of the Product. Based on that criteria, the Sponsor may select, but is not required to select, in its sole direction subject to these Official Rules, one (1) or more Submissions for publication in its website www.urgonight.com and/or www.urgonight.com/fr. The Entrant(s) who provided such Submission(s) selected for publication. will win a Prize(s) (defined below). Each winner of a Prize is a “Winner” hereunder. The odds of winning depend on the number of eligible entries who meet the judging criteria described above, as determined by the Sponsor in its sole discretion subject to these Official Rules.
The selection jury is composed of employees of the Sponsor: a member of the customer service department, a member of the marketing department and a member of the management.
Any Backer Submission selected will result in the publication and awarding of the Prize.
7. Prizes. The Contest’s prizes (the “Prize”) are $100 Amazon Gift Cards. There will be up to fifty (50) Prize Winners of one (1) Amazon gift card each, around the world. In no event will Sponsor be responsible for awarding more than the stated amount of Prizes. This Contest is in no way sponsored, endorsed, administered by or associated with Amazon.com, Inc.
If necessary, the Sponsor reserves the right to replace the Prize with a prize of equal value and similar characteristics.
8. Restrictions. An Entrant may win only one (1) Prize. Winners may not substitute, assign or transfer a Prize. The Prize is subject to the terms and conditions of the Amazon Gift Card, available at https://www.amazon.com/gp/help/customer/display.html?nodeId=201936990#. Sponsor disclaims any and all responsibility and liability for the terms and conditions of the Amazon Gift Card. WinnerS solely ARE responsible for all applicable federal, state, and local taxes, as well as any other costs and expenses associated with A prize.
9. Notification of Prize Winners. On or about five (5) business days after selecting each potential Winner, Sponsor will attempt to notify such potential Winner of his/her winning status via by email submitted by the potential Winner when entering the Contest. Sponsor will make up to two (2) attempts within ten (10) business days to contact the potential Winner in order to confirm their eligibility and for fulfillment purposes. Each Entrant consents to such method of notification and communication. If a potential Winner cannot be reached during this period, such potential Winner will be disqualified and an alternate potential Winner will be selected. Before a Prize is awarded, Sponsor may review the Submission and the information used by potential Winner(s) to enter the Contest. If a potential Winner does not meet eligibility criteria set forth in these Official Rules, or is otherwise unwilling or unable to comply with these Official Rules, alternate potential Winner(s) may be selected by Sponsor from among the remaining eligible Submissions. Once contact is made, the potential Winner will be required, as a condition of verification, to provide to Sponsor any requested information within five (5) business days, or else such Prize will be forfeited. Alternatively, if Sponsor is not in need of any additional verifications or fulfillment information, Sponsor may simply unilaterally confirm such potential Winner as official, and send them their Prize. Noncompliance, failure to respond within the time specified, failure to respond to notification attempt(s) or return of any Prize as undeliverable will result in disqualification and an alternate potential Winner will be selected pursuant to the terms hereof. All decisions of Sponsor relating to the Contest are final.
10. General Conditions. Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY ENTRANTS OR WINNERS THAT WILL BRING SUCH WINNER OR SPONSOR INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) MAY RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION. Neither Sponsor nor any of the other Released Entities (defined below) shall be responsible for and disclaim any responsibility for (i) lost, late, incomplete, stolen, misdirected, illegible, or incomplete Entries; (ii) any incorrect or inaccurate information, whether caused by Entrants, tampering, or by any of the equipment or programming associated with or utilized in the Contest; (iii) any error, omission, defect, theft, destruction, or unauthorized access to the materials related to the Contest; (iv) failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, Internet Service Provider, servers, access providers, hardware or software, whether originating with sender or recipient; and (v) any problems or technical malfunctions of any telephone network or lines, computer online systems or servers, computer software problems or traffic congestion on the internet or at any website. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the Submission process, the operation of the Contest, or to be acting in violation of these Official Rules. If for any reason the Contest is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, actions by Entrants, fraud, or any other causes which, Sponsor in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Contest. Notification of any such cancellation, termination, modification or suspension shall be posted at https://www.urgonight.com/en/module/powerfulformgenerator/display?id=1. If the Contest or any portion of the Contest is terminated before the end of the Contest Period, a limited number of Winners will be selected. An individual is not a Winner until he or she has fully complied with these Official Rules. No transfer, assignment, cash redemption or substitution of the Prize is permitted without the written consent of Sponsor, which consent may be withheld in Sponsor’s sole discretion. No portion of the Prize has any cash value and no portion of the Prize may be sold, offered for sale, assigned, transferred, offered for transfer or exchanged for cash, merchandise or services, in whole or part, except as provided herein without the advance written consent of Sponsor, which consent may be withheld in Sponsor’s sole discretion.
11. General Release and Hold Harmless. By entering this Contest and/or accepting a Prize, each Entrant and Winner (for himself or herself and his or her heirs) hereby releases, holds harmless, and forever discharges Sponsor, and all of its parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective directors, officers, employees, shareholders, and agents (collectively, the “Released Entities”) from any and all liability, loss, harm, damage, cost, or expense (collectively, a “Loss”) (i) associated with the Entrant’s participation in this Contest, redemption of the Prize in connection with this Contest, attendance at any events related to this Contest, including, but not limited to, all reasonable counsel fees and court costs incurred, property damage, personal injury, and/or death; (ii) related to the production, promotion, or execution of this Contest (or participation therein), or claims based on publicity rights, defamation, or invasion of privacy; (iii) that may occur in connection with acceptance and/or use of the Prize; (iii) based on publicity rights, defamation, or invasion of privacy; and (v) related to any use of the Submission pursuant to the terms hereof.
12. Limitation of Liability. Except where prohibited, Entrants agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of a Winner, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees. IN NO EVENT WILL ANY OF THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF, THE CONTEST, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE PRIZE THAT MAY BE AWARDED. WITHOUT LIMITING THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Non-Waiver. The failure or delay by Sponsor in enforcing any particular clause, provision, or aspect of these Official Rules shall not impact the validity, enforceability, or effect of any other clause, provision, or aspect of these Official Rules.
14. Binding Effect. By participating in the Contest, each Entrant agrees to be bound by these Official Rules and the decisions or interpretations of Sponsor regarding the Official Rules, which are final and binding in all respects. Non-compliance with these Official Rules shall result in disqualification from the Contest. By participating in the Contest, each Entrant waives any right to claim ambiguity in these Official Rules.
16. Venue and Applicable Law. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Entrant and/or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York without regard to conflicts of law/choice of law doctrine of New York or any other jurisdiction, and all proceedings shall take place exclusively either in the United States District Court for the Southern District of New York, or Manhattan County State Court located in New York, New York.
17. Severability. In the event that any provision of these Official Rules shall be deemed illegal, such provision shall be removed and replaced with a legal provision that most closely matches the intent of such removed provision, and the remainder of these Official Rules shall remain in full force and effect.