GENERAL TERMS AND CONDITIONS
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THESE GENERAL TERMS AND CONDITIONS (the “TERMS”) are entered between Bitdefender and any Participant of the Contest and shall govern the relation between the Parties and sets forth the general applicable terms of the Contest. Parties acknowledge and agree that no other agreement is applicable for the contest other than the Contest Special Terms of the contes and these Terms. For the avoidance of any doubt, the acceptance of both these Terms and the Contest Special Terms represent the entire Agreement between the Parties. Notwithstanding anything to the contrary signed by Bitdefender and Participant, these Terms shall prevail. Divergent statements by the Participant in reference to other terms and conditions are hereby contradicted and deemed invalid.
DEFINITIONS
Website means any Bitdefender Solutions user account or Bitdefender website.
Official Rules means Contest Special Terms together with these General Terms and any other communication made by Bitdefender regarding the Contest.
Authorized account holder means the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e- mail addresses for the domain associated with the submitted e-mail address.
1. ELIGIBILITY
The contest referred to herein (”Contest”) is organized by Bitdefender to residents of countries where such contests are allowed by the laws of those countries and within the territories mentioned in the Contest Special Terms. By entering the Contest, you accept sole responsibility for determining whether your participation is legal in any jurisdiction that applies to you. To be eligible to participate in the Contest, the participants must be of the age of majority in their jurisdiction of residence and must have an active email account and Internet access at the time of entry (“Participants”). Employees and directors of Bitdefender, its advertising and promotion agencies, the Contest judges and its legal advisors, the immediate family (parent, child, sibling and spouse of each) or members of the households of such employees and directors (those who have lived in the same household for at least three of the 12 months preceding the applicable Contest Period) are not eligible. By entering the Contest, you agree to these TERMS and the Contest Special Terms and that the decisions of Bitdefender are final and binding in all respects, Void where prohibited or restricted by law.
2. CONTEST PERIOD
Bitdefender may have multiple Contests running simultaneously. Each Contest has specific terms and duration, which will be communicated on each Contest’s Website or by e-mail, if requested.
3. ENTRY
Participants shall provide full name, email address, and any other requested fields, and shall follow the other instructions given by Bitdefender. Participants may not enter with multiple emails and/or multiple identities nor use any automated entry mechanism or artifice to obtain more than the maximum number of entries. Any Participant who attempts to participate with multiple emails and/or multiple identities or uses any device or artifice to obtain more than the maximum number of entries will be disqualified.
Bitdefender will select and notify the winners based on the Contest mechanism and winners selection provided in the Contest Special Terms.
In order to receive the prize, the winner must respond to the email sent by Bitdefender with the required details. If the winner of a prize does not respond within 3 days of receipt of the e-mail from Bitdefender, a new winner or the following person on the selection list will be contacted instead. Confirmation of receipt of the prize mentioned in the Prize Information section of the Contest Special Terms will be considered the delivery confirmation given by courier or the receipt of the e-mail by the winner, when the prize consists in vouchers or other electronical prizes.
4. GENERAL CONDITIONS
Bitdefender reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest; to be in violation of the user agreement of the Website; to be acting in violation of the Official Rules; to be acting in a unethical, discriminatory, or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, as determined by Bitdefender at its sole discretion; to be infringing of intellectual property rights or any other third-party rights. Any use of cartel, robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods and Participants using any such methods will be disqualified.
If for any reason this Contest is not capable of being conducted as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Bitdefender, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Bitdefender reserves the right to cancel, terminate, modify or suspend the Contest. If the Contest is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on Bitdefender’s Contest page or by any other means of communication to Participants.
ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OFCRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, BITDEFENDER RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM THOSE RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.
IF CASE OF ATTEMPTS OR FRAUD OF THE SYSTEM, ABUSE OR ACTS OF NATURE TO AFFECT THE IMAGE OF BITDEFENDER, THE LATTER RESERVES THE RIGHT TO TAKE ALL NECESSARY MEASURES TO REMEDY THE SITUATION OCCURRED.
5. LIMITATIONS OF LIABILITY
BITDEFENDER IS NOT RESPONSIBLE FOR LATE, LOST, ILLEGIBLE, MISDIRECTED ENTRIES, AND BITDEFENDER DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ITS WEBSITES. BITDEFENDER IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR TELEPHONE LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR ENTRY TO BE RECEIVED BY BITDEFENDER ON ACCOUNT OF TECHNICAL PROBLEMS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF. BITDEFENDER IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR THE FAILURE TO CAPTURE SUCH INFORMATION, WHETHER CAUSED BY WEBSITE USERS, TAMPERING OR HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST. BITDEFENDER IS NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANTS’ OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS CONTEST OR DOWNLOADING MATERIALS FROM OR USE OF THE WEBSITE.
IN NO EVENT WILL BITDEFENDER, ITS DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, VENDORS, ADVERTISING AGENCIES AND CONTEST AGENCIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS, BE RESPONSIBLE OR LIABLE FOR THE WINNE’S INABILITY TO TAKE POSSESSION OF THEIR PRIZE, FOR REASONS BEYOND BITDEFENDER’S CONTROL; CASES WHERE A WINNER DOES NOT COMPLY WITH THE VALIDATION CONDITIONS SET FORTH IN THESE TERMS AND/OR THE CONTEST’S SPECIAL TERMS; ANY DELAYS IN THE DELIVERY/HANDOVER OF THE PRIZES CAUSED BY DELAYS IN THE PROVISION OF SERVICES BY ITS SUPPLIERS (INCLUDING WITHOUT BEING LIMITED TO COURIER SERVICE PROVIDERS); ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS CONTEST, ACCESS TO AND USE OF THE WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND IN THIS CONTEST 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.
6. LAWS, JURISDICTION AND DISPUTES
If Participant is located in the United States or Canada, this Agreement is governed by the laws of the State of Florida, USA, with the venue in Broward County. If Participant is located in UK, Australia and New Zealand, this Agreement will be governed by the laws of UK laws, with the venue in Reading. If Participant is located in the Netherlands, Belgium, Denmark, Finland, Iceland, Norway, and Sweden, this Agreement is governed by the Dutch Laws with the venue in the Hague. If Participant is located in Germany and Austria, this Agreement is governed by the German Laws with the venue in München. If Participant is located in rest of Europe, Africa, Middle East and Asia, this Agreement will be governed by the laws of Romanian with the venue in the courts of Bucharest.
Nothing in this Agreement will diminish any rights the Participant may have under existing consumer protection legislation or other applicable laws in its jurisdiction that may not be waived by contract. In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement and will continue to be valid and applicable within the limits of the Law.
This Agreement describes certain legal rights. The Participant may have other rights under the laws of Participant’s state or country. This Agreement does not change those rights or obligations under the laws of Participant’s state or country if those laws do not permit it to do so.
In the event of a dispute as to the identity of the winner based on an e-mail address, the winning Participant will be declared based on the authorized account holder of the email address submitted at the time of entry.
7. ALTERNATIVES OF THE PRIZES
The winner may not opt for receiving the value of the prize in cash or other objects, nor may he/she request changes to the technical characteristics of the prize. The prizes are non-transferable and cannot be awarded to anyone other than the designated winner.
The prize ,as specified in the Contest Special Terms, will be handed out together with a delivery-receipt protocol, a confirmation of delivery from the courier, or in the presence of a lawyer or notary, as the case may be.
8. TAXES AND DUTIES
Bitdefender is not responsible for payment of the duties, taxes or other financial obligations related to the prizes awarded, which are in charge of the winning natural or legal persons.
9. OFFICIAL RULES OF THE CONTEST
The Official Rules of the Contest are available, free of charge, to any applicant (and / or participant) on the Contest’s landing page and at the headquarters of BITDEFENDER.
10. FORCE MAJEURE
Force Majeure means any event which cannot be controlled, corrected or foreseen by Bitdefender, including the impossibility of Bitdefender, for reasons beyond its control and the appearance of which makes the latter unable to meet the obligations undertaken by these Terms.
If the above situation occurs or another Force Majeure event occurs which prevents or delays totally or partially the implementation of the Terms or the continuation of the Contest, Bitdefender will be exonerated of the responsibility for meeting its obligations for the period in which this fulfilment is prevented or delayed under law.
If Bitdefender invokes the Force Majeure, it must notify the participants to the contest its existence, within 5 working days from the occurrence of the force majeure event. Force majeure event will be communicated on the website of Bitdefender or by other means of communication to Participants.
11. CESSATION OF THE CONTEST. MODIFICATIONS
This contest may cease in case of occurrence of an event constituting force majeure or in case of modification of the legal framework so that the organization and carrying of the Contest involves an increase of the budget assigned to this project. The Contest may be terminated before the end of the contest term (including in the event of Bitdefender’s inability, for reasons beyond its control, to ensure the smooth functioning of the contest) or suspended at any time, in Bitdefender’s sole discretion, provided that Bitdefender gives prior notice of such a situation to the participants, in accordance with these Terms and/or the Contest’s Special Terms.
Bitdefender reserves the right to amend these Terms and/or the Contest’s Special Terms, during the contest duration provided that it officially announces the participants about such changes on the Contest’s website or by other means of communication.
12. PROTECTION OF PERSONAL DATA
Participation in the campaign involves the Participant’s consent that their personal data be stored and processed by Bitdefender as detailed in the Privacy Policy for Bitdefender Communities.
13. FINAL PROVISIONS
These Terms are in accordance with the provisions of national laws on the marketing of goods and services, and the laws for the protection of persons concerning the processing of personal data and free circulation of such data.
Complaints with respect to the conformity of the prizes made after the signing of the delivery-receipt report of the awards will not be considered andin no event shall Bitdefender be liable for any damages of any kind, including, without limitation, direct, indirect, incidental, consequential or punitive damages arising out of the use, performance, or delivery of the prize(s). Bitdefender does not warrant that the prizes will be error free or that the errors will be corrected.Bitdefender assumes no liability for any facts that determine the impossibility of validation of a winner and resumption of the extraction until the validation of another winner, such as the impossibility of notification in writing of the winner caused by the change of the e-mail address of the participant or non-receipt, by his/her failure to read the correspondence, etc. Bitdefender shall take all measures necessary to carry out the competition in normal conditions as set forth above, but it assumes no responsibility for any complaints, appeals of participants, which do not cover breaches of the legal framework in force.
These TERMS have been originally prepared in English. Although Bitdefender can provide translated versions for your convenience, the English language version of these TERMS will be the governing version in the case of any conflict or discrepancy. Any update of the present document is available at https://www.bitdefender.com/site/view/contest-general-terms-and-conditions.html.