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Terms and Conditions
Last Updated: 2022/01/10
1. Introduction and Acceptance of the Terms
These terms and conditions (“Terms”) are a legally binding agreement between you and Joyo Technology Pte. Ltd. (“Joyo ”, “we” or “us”) and set forth the terms and conditions that apply to your participation in the applicable promotion or competition feature(s) (such as the Kwai star，Hashtag #KwaiStar, and other promotions, incentive, or activities which specify that these Terms apply to (in each case, the “Activities”)), of the Kwai app (the “Platform”).
By participating in the Activities, you confirm that you: (i) can form a binding contract with us; (ii) are at least Eighteen (18) years of age (or the relevant legal minimum age of majority in your jurisdiction); and (iii) accept and agree to comply with these Terms.
To the extent there is any inconsistency between these Terms and the Kwai Terms of Service, the relevant provision of the Terms shall prevail to the extent of the inconsistency but solely with respect to the relevant Activities.
We may amend these Terms from time to time, and we will notify all users of any amendments to these Terms, such as through a notice on our Platform, however, you should look at these Terms regularly to check for such changes. Your continued participation in the Activities after the date of amendment constitutes your acceptance of the amended terms. If you do not agree to the amended terms, you must stop participating in the Activities.
By entering the Activities or accepting a Prize (as defined below), you agree to conform to all local laws and regulations. By entering these Activities, you acknowledge the risks, and understand and agree that you may win but may be prevented from receiving a Prize due to the requirements under local laws and regulations.
2. Eligibility Requirements
NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE IN THE ACTIVITIES.
The Activities are open to registered users that are at least eighteen (18) years of age (or the relevant legal minimum age of majority in your jurisdiction) as of the date of the entry into and participation in the Activities. If you are not at least eighteen (18) years of age (or the relevant legal minimum age of majority in your jurisdiction), or you do not agree to these terms, you must not participate in the Activities. If we learn that anyone under the age of eighteen (18) (or the relevant legal minimum age of majority in your jurisdiction) that failed to meet our Eligibility Requirements and participated in the Activities, we will terminate or suspend that user’s access to the Activities / forfeit any receivable Prize accrued by user / terminate that user’s account or take any measures deemed appropriate by Joyo in its sole discretion.
3. Entry Period
The entry and ending period for eligible participants of the Activities will be announced through the Platform or any other channel (e.g. in-app push, email, WhatsApp, etc.) from time to time (an “Episode”). You can participate in the Activities during an Episode.
4. Entry into the Activities
You can participate in the Activities by completing each of the following steps:
- Log into your registered account with the Platform. If you do not already have a registered account with the Platform, sign-up for an account with the Platform, log into the registered account and open the Activities on the Platform;
- Comply with the Terms of Service for the Platform, and all applicable laws and regulations in respect of the participation in the Activities, at all times;
- Follow any Activities-specific instructions that may have been announced through the Platform/via email, message, WhatsApp, etc. for the relevant Episode.
Joyo expressly reserves the right to disqualify any entries into the Activities that it believes in good faith are generated by or utilize any improper or illegal means, including without limitation, using an automated means or scripts, entering into the Activities through third party platforms and/or any other channels that are not owned/operated by us. Entries generated by such improper or illegal means are void, and users may be disqualified from the Activities and/or forfeited of accrued Prizes if users fail to comply with each provision of these Terms, as determined at our sole discretion.
OUR DECISIONS ARE FINAL AND BINDING WITH RESPECT TO ALL MATTERS RELATED TO THE ACTIVITIES. Without limiting the generality of the foregoing provision, Joyo will use its reasonable efforts to ensure the accuracy of the fact gathering or calculations in the Activities, and Joyo can determine the result in its sole discretion.
The users who complete each Episode or the winner(s) of each Episode will receive a cash/non-cash prize, which will be determined by Joyo in its sole discretion and will be notified to users prior to the commencement of such Episode (“Prize”). A list of winner(s) or a list of users who complete the tasks, etc. for each Episode might be made available following the completion of such Episode on the Platform or via Joyo’s designated channels based on each Activity-specific instructions that may have been announced through the Platform/via email, message, WhatsApp, etc.
In no event are we obliged to award any prizes other than the Prize specified in our announcement prior to the commencement of the Episode and in accordance with these Terms. We do not guarantee that the Prize can be made available to the winner or respective users. The Prize is not assignable and not transferable and no substitutions are permitted. The winner or respective users shall be responsible and liable for all local taxes on the value of the Prize.
We may require the winner or respective users that complete the tasks to provide proof of identity (such as name, address and birthdate) prior to receiving the Prize. We may also require a statement from you that verifies that you are eligible for the Prize or such other documentation as may be required for the purpose of complying with applicable laws. Such documentation must be completed within 14 days from the date that we send you the relevant request.
THE NATURE, AVAILABILITY AND GRANTING OF PRIZES IN YOUR JURISDICTION WILL BE SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF THE APPLICABLE LAW.
The criteria for determining a winner vary between the Activities. For example, the winner may be determined according to participants’ number of fans, number of works, the amount of likes, playbacks, interactions，work influence, etc. during an Episode. However, the criteria varies depending upon the specific Activities and the relevant Episode. You must review the Activities-specific and Episode-specific rules for the specific conditions for Prize selection.
IN NO CASE WILL THE CRITERIA INCLUDE ELEMENTS OF LUCK OR CHANCE. WINNERS WILL ALWAYS BE DETERMINED BASED ON OBJECTIVE CRITERIA AS MERIT AND/OR SKILL.
The Activities will be conducted under the supervision of Joyo and, where applicable, the local competent authority. The winner or the users that complete respective tasks, etc. will be notified in the Activities, on the Platform, by in-app push, email, or another channel used by Joyo (e.g., WhatsApp) for the relevant Activities, provided, however, that we have the right to determine an alternate method of notification. If a winner or a user is found to be ineligible or to have breached any terms of the Agreement, we may, at our option and sole discretion, choose not to award the Prize at all.
7. Permission to Use Winner/User Data
Unless prohibited by and subject to applicable law, upon your winning/gaining of a Prize, you grant Joyo and each of its affiliates, distributors, successors, assigns, clients, agent, designees and licensees the right to use, for no additional consideration and without any further approvals, notifications or permissions, your name, voice, image, likeness, address (city and state), testimonials and biographical material (collectively, the “Winner/User Data”) in and in connection with exploitation, promotion, marketing and advertising of the Platform, the Activities or other Joyo services and associated products, in each case and in any and all languages and by any means and in any and all media now known or hereafter devised, globally and for as long as permitted under applicable law, including, without limitation, the right to use the Winner/User Data for the purposes of trade or advertising (including “institutional” advertising).
Subject to applicable law, you consent to publication of your personally identifiable information (e.g., publishing winner’s name and address information -city and state), and transfer such information to third parties for purposes of (i) operation of the Platform and the Activities; (ii) compliance of local laws and regulations; and (iii) exploitation, promotion, marketing and advertising of the Platform, the Activities or other Joyo’s services and associated products.
8. General Conditions
THE ACTIVITIES ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE LOCAL LAWS APPLY.
9. Our Responsibility for Loss or Damage Suffered by You
For the avoidance of doubt, the provisions ofExclusion of Warranties and Liabilities and indemnities under the Terms of Services of the Platform also apply to our provision of the Activities to you. Without limiting the generality of the aforesaid provisions, Joyo shall, except to the extent such exclusions are contrary to applicable law, not be liable for:
- any loss or damage to the extent it results from incomplete or inaccurate information supplied by the participant, including (but not limited to) delayed notifications, or award, of Prize; and
- any loss or damage to the extent caused by computer, mechanical, technical or human error, including electronic miscommunications and technical hardware, software or telecommunications failures or errors, whether or not occurring on Joyo, participant or third party systems or infrastructure, including (but not limited to) to the extent the same results in inability to participate in the Activities, entries or other notifications being lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received, or damage to yours or another person’s device.
THE ACTIVITIES AND ANY PRIZES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM OR ANY COMPONENT THEREOF.
Please note that we only provide the Activities for domestic and private use. You agree not to participate in the Activities for any commercial or business purposes, and we have no liability to you, subject to applicable law, for any:
- consequential or indirect loss;
- loss of profit;
- loss of business;
- business interruption; or
- loss of business opportunity.
10. Entire Agreement
The Agreement sets out the entire agreement and understanding between you and us in respect of your participation in the Activities.
Both you and we acknowledge that we are not relying on, and shall have no remedies in respect of, any undertakings, representations, warranties, promises or assurances (whether made innocently or negligently) that are not set forth in the Agreement.
Nothing in the Agreement shall exclude any liability for or remedy in respect of fraud, including fraudulent misrepresentation.
11. Governing Law and Jurisdiction
These Terms, their subject matter and their formation, are governed by Singapore Law. The dispute resolution provision of the Kwai Terms of Service apply to any dispute under these Terms.
12. Contact Us
If you have any questions or complaints, please contact us firstname.lastname@example.org .
To receive a printed copy of the Terms, please contact us at email@example.com.