Terms & Conditions
matrigo.com Inc. (“matrigo.com”) wishes to offer its affiliates the opportunity
to participate in a performance incentive program (the “Incentive Program”), on
the following term and conditions:
- Definitions:
1.For the purposes of this contest:
a.“Qualified Affiliates” means each of:
i.the matrigo.com affiliate who are eligible for one of the contest brackets defined above (as determined by matrigo.com) when comparing the period
commencing Nov 15, 2011 7:01 a.m. and ending Dec 31, 2012 at 9:59 p.m. Pacific Standard Time
with the Program Period, net of adjustments and chargebacks; and
ii.the matrigo.com affiliate who signed up to the matrigo.com network on or
after Nov 15, 2011 7:01 a.m. Pacific Standard Time, who are eligible for one of the contest brackets defined above (as determined
by matrigo.com) during the Program Period, net of adjustments and chargebacks.
b.“Award” means:
i.bonus prize money determined by matrigo.com, as per the bracket matrigo.com determines the affiliate falls into during the period of this contest.
Adjustments and changes to the bonus are within the sole discretionof matrigo.com.
c.“matrigo.com Affiliate” means a person who has enrolled as a marketing affiliate
of matrigo.com, agreeing to abide by the standard matrigo.com Affiliate
terms and conditions as imposed by matrigo.com from time to time, generated leads
for or for the benefit of matrigo.com during the period of the contest and who is not
otherwise in default of any agreement with matrigo.com.
- Contest Period
This contest will run from November 15, 2011 at 7:01 a.m. to December 31, 2012 at
9:59 p.m. Pacific Standard Time (the "Contest Period").
- Winners & Rewards:
a. Affiliates who will participate in this contest hereby agree that reports from
Matrigo and its in-house affiliate sales tracking system shall serve as the definitive
record of and shall be the determining factor in the event of any dispute.
b.To receive an Award, Qualified Affiliates and their designated guests must sign
a release and declaration form satisfactory to matrigo.com:
i.acknowledging that they have read, understood and accepted these Rules; and
ii.releasing matrigo.com and any other person or entity associated in any way
with the Incentive Program and the Award, as well as their respective affiliates,
subsidiaries, directors, officers, shareholders, employees, agents, advertising
and promotional agencies from any and all liability arising in connection with the
foregoing, including, without limitation, liability arising from the acceptance
or use of the Award in part or in whole.
Without limiting the generality of the foregoing, each Qualified Affiliate and guest
must agree to indemnify and save matrigo.com (and any other person or entity
associated in any way with the Incentive, as well as their respective affiliates,
subsidiaries, directors, officers, shareholders, employees, agents, advertising
and promotional agencies) harmless from any liability for the payment of income
tax on account of an Award in any jurisdiction where the Qualified Affiliate (or
guest) resides or works.
c.By accepting an Award, the Qualified Affiliate acknowledges the right of matrigo.com
to use that Qualified Affiliate’s name, city of residence, photograph, voice and
image for any advertising or public relations purposes in all media used by matrigo.com
and its advertising and promotional agencies, without payment or compensation, throughout
the world, in perpetuity.
- Eligibility:
a. Only those matrigo.com affiliates who are over the age of twenty-one (21)
years will be eligible to participate in this contest. Notwithstanding
the foregoing, none of the following individuals will be eligible to participate
in the Incentive Program: (a) matrigo.com employees, their immediate family members
or any persons with whom they are domiciled; or (b) any resident of any jurisdiction
where the Incentive Program would be prohibited by law.
b. Employees of Athena Technology Services Pty Ltd., and its parent, subsidiaries, advertising and
promotion agencies, and their immediate families (spouse, parents, children, siblings
and their respective spouses) and individuals living in the same household as such
employees are ineligible to participate. c.
c. Void in countries, states and other locations where prohibited by law. This Contest
is subject to all applicable federal, state, and local laws and regulations.
- Disqualification:
a. Affiliate contestants will be disqualified from the Contest if they fail to comply
with the Contest’s Official Rules and Terms and Conditions as well as the Term of
Service of the Affiliate Service Agreement, and/or’s Affiliate Terms and Conditions.
b. Fraud and abuse relating to the earning of incentives in the contest may result
in the forfeiture of any incentives due to the affiliate. Matrigo reserves the
right to discredit a sale or disqualify an affiliate from this contest, if our system
detects that the affiliate is using fake registrations or is manipulating our affiliate
program in ways which are against the terms and conditions of matrigo.com website.
c. In the event that a Qualified Affiliate cannot be located, fails to comply with
these terms or otherwise has not collected the Award within twenty-eight (28) days
following the end of the Program Period, matrigo.com may in its discretion disqualify
that Qualified Affiliate and select another affiliate to receive the Award. matrigo.com
will not be responsible for any failed attempt to notify a Qualified Affiliate of
the Award.
- Winner Notification:
a. The Affiliate Manager will notify the winning Affiliates via e-mail on or about
January 25, 2013. By this time, all cancelled or reversed transactions has already
been considered and computed.
b. By participating in the Contest, affiliates/entrants hereby grant matrigo.com
all rights, including the right to edit, publish, use, adapt, modify, or dispose
of any proper names, likenesses, photographs, and/or city/states without further
consideration or payment to the affiliates/entrants online (including on the Matrigo
Site), in print, or in any other media (including the Internet) for advertising
and promotional purposes for this and similar promotions, without additional compensation,
except where prohibited by law.
c. If an affiliate/entrant changes his/her telephone number, e-mail address and/or
street address after he/she enters the Contest, it is his/her sole responsibility
to notify matrigo.com by sending the notice to the matrigo.com’ Affiliate
Manager via e-mail address [email protected] before the end of the Contest
Period.
- Limitation of Liability:
BY PARTICIPATING IN THIS CONTEST, AFFILIATES/ENTRANTS AGREE TO ABIDE BY THE CONTEST
RULES AND TERMS AND CONDITIONS AS WELL AS THE DECISIONS OF MATRIGO BUMP YOUR
BRACKET CONTEST ADMINISTRATORS, WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THE RULES,
AND RELEASE, INDEMNIFY AND HOLD HARMLESS Matrigo, ITS SUBSIDIARIES, ADVERTISING
AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS,
DIRECTORS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST
ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS, OR ANY LIABILITY OF ANY KIND RESULTING
FROM OR ARISING FROM PARTICIPATION IN THE CONTEST (INCLUDING BUT NOT LIMITED TO
ANY USE, MISUSE, OR NONUSE OF THE REWARDS BY THE WINNER), OR ACCEPTANCE, POSSESSION,
USE, MISUSE OR NONUSE OF THE REWARDS THAT MAY BE AWARDED. WINNERS AGREE TO ACCEPT
THE REWARDS “AS IS”. NEITHER SOUTH BEACH SMOKE, NOR THE CONTEST ADMINISTRATORS MAKE
ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED.
- General Terms and Conditions:
- Only active matrigo.com affiliates will be eligible to be part of this contest.
- All questions or disputes regarding eligibility for joining the Program will be
decided by matrigo.com (“Company”) at its sole discretion.
- All eligible affiliates for the incentives and rewards are subject to the terms
and conditions of the Contest. Incentives and rewards under this program will not
be valid for any cancelled transaction or any transaction posted but subsequently
reversed.
- matrigo.com reserves the right to modify or update this contest anytime without
notice.
- Affiliates participating on the Program are subject to and must comply with the
rules and regulations of the “Matrigo Bump Your Bracket Contest”.
- Matrigo maintains its stringent verification process for the affiliates who are
winners for the sales involved in this contest. All prize winners must adhere to
this verification process no exceptions.
- Each Qualified Affiliate will receive an Award, subject to these terms and conditions.
- The Award must be accepted “as is”, cannot be substituted, transferred, exchanged
or surrendered for cash, except at the sole and absolute discretion of matrigo.com,
which reserves the right, at its sole and absolute discretion and for any reason,
to provide a substitute of equal or greater value (including, without limitation,
cash).
- Qualified Affiliates will be responsible for all costs related directly or indirectly
to the Award not not specifically described above as being included in the Award,
including but not limited to tax, sales tax and goods and services tax; all other applicable taxes,
gratuities, and all other expenses and requirements not specifically described above as being included
in the Award. In addition, Qualified Affiliates may be required to provide an accepted
and valid credit card to cover incidental charges (including, but not limited to
telephone charges, etc.) The Award cannot be used in conjunction with any promotion or discount.
No extensions will be permitted, and any part of the Award which is not used will be forfeited.
- matrigo.com may, in its sole discretion and without liability, terminate the
Incentive Program in whole or in part, without notice, or to modify or suspend the
Incentive Program at any time, if fraud, technical failures including any network
server or hardware failure, viruses, bugs, errors in programming, or communications
or any other errors or other causes beyond the control of matrigo.com corrupt
the administration, integrity or security of the Incentive Program or if any other
factor interferes with the conduct of the Incentive Program as contemplated by these
terms. In the event of early termination of the Incentive Program, a notice will
be posted online and a random drawing to confer Awards will be conducted among all
matrigo.com affiliates eligible to participate in the Incentive Program. In no
event will the number of Awards conferred exceed the available number of awards
as specified in these terms and conditions.
- Personal information gathered about affiliates during the Program Period will be
used, firstly, for the administration of the same; and, secondly, connection with
any publicity relating to the Incentive Program.
- The decisions of matrigo.com and its authorized representatives are final as
they relate to all aspects of the Incentive Program, these terms and the conferring
of an Award.
- The Incentive Program will be governed by and construed exclusively in accordance
with the laws of the NSW Australia Province. Any action arising out of or
relating to the Incentive Program will be commenced and conducted exclusively in
a superior court within the Judicial District of Australia, in the Province of NSW.