Win a Secretlab Titan Evo 2022 TI11 Edition Gaming Chair or 1 of 15 Minor Prizes Secretlab
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
VOID WHERE SUCH CONTESTS ARE PROHIBITED BY LAW.
CONTEST IS SOLELY OPEN TO ELIGIBLE PARTICIPANTS. IN PARTICULAR, RESIDENTS OF THE FOLLOWING COUNTRIES AND REGIONS ARE EXCLUDED FROM PARTICIPATION: CUBA, IRAN, NORTH KOREA, RUSSIA, SYRIA, AND THE FOLLOWING REGIONS OF UKRAINE: CRIMEA, DONETSK AND LUHANSK.
IF A PRIZE WINNER RESIDES OUTSIDE AUSTRALIA, CANADA, EUROPEAN ECONOMIC AREA, INDONESIA, JAPAN, KOREA, MALAYSIA, NEW ZEALAND, THE PHILIPPINES, SINGAPORE, SWITZERLAND, THAILAND, UNITED KINGDOM OR THE UNITED STATES, THAT PRIZE WINNER WILL NEED TO PAY THE COSTS AND TAXES ASSOCIATED WITH PRIZE DELIVERY.
READ THESE OFFICIAL RULES (THESE RULES) CAREFULLY BEFORE ENTERING THE CONTEST. THEY REQUIRE YOU TO GIVE UP SOME OF YOUR RIGHTS, INCLUDING RELEASING THE SPONSOR AND ITS RELATED STAKEHOLDERS FROM KNOWN AND UNKNOWN CLAIMS.
THE “DISPUTE RESOLUTION” SECTION OF THESE RULES ALSO CONTAIN AN ARBITRATION AGREEMENT THAT WILL, WITH THE LIMITED EXCEPTIONS SET FORTH THEREIN, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING ARBITRATION. UNLESS YOU OPT OUT: (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR PARTICIPATION IN THE CONTEST WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF SINGAPORE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.
THESE RULES ARE IN ENGLISH ONLY AND WILL NOT BE TRANSLATED INTO ANY OTHER LANGUAGE. IF YOU ARE USING A TRANSLATION PROGRAMME TO REVIEW THESE RULES, PLEASE BE WARNED THAT ONLY THE ENGLISH VERSION OF RULES ARE VALID.
WE HAVE THE RIGHT TO INTERPRET YOUR ENTRY INTO THIS CONTEST TO MEAN THAT YOU HAVE READ, AGREED AND ACCEPTED TO OBEY THESE RULES.
DO NOT ENTER THIS CONTEST IF YOU DON’T AGREE WITH THESE RULES.
Type of Contest
The Secretlab TI11 Gleam Contest (the Contest) is a skill contest; chance will play no part in determining the winners of the Contest. The Submissions (as defined below) will be evaluated by judges who will determine the winning entrants in accordance with these Rules. Only Contest Submissions from entrants who meet the qualifications will be included in the pool of Submissions that is submitted to the judges for their final determination. The prizes will be awarded to qualifying Entrants in Sponsor’s sole discretion. See below for the complete details. This Contest is in no way sponsored, endorsed, administered by, or associated with any third party, including, without limitation, Gleam, Facebook, Twitter or Instagram.
Sponsor
Secretlab SG Pte. Ltd. (Company Registration No. 201506443C), a Singapore company, is the sponsor of this Contest. We are located at 351 Braddell Road, #05-02, Singapore 579713.
References to Secretlab, we, us, our and Sponsor refer to the sponsor of this Contest. References to you, your and Entrant refers to you as the entrant to this Contest.
Binding Agreement
These Rules establish the terms and conditions under which we may agree to accept your offer to participate in the Contest, provided that you and the entry you submit (the Submission) also meet the qualifying criteria to contract with us. Upon submission of your entry, these Rules form a binding legal agreement between you and us with respect to the Contest.
If you refuse to follow any of these Rules at any time, it means that you made a false representation to us at the time of your offer that you have read, agreed and accepted these Rules, and you agree that in such a case, we have the right to rescind and void the contract between us with no repercussions whatsoever.
If you contest any part of these Rules at any time, we reserve the right to disqualify you from the Contest and won’t be eligible to receive any prize described in these Rules.
Eligibility Criteria
To be eligible to enter the Contest, you must meet all of the following conditions:
Be at least the age of majority in your country, state, province or jurisdiction of residence at the time you make your Submission.
Not be a resident of any country or jurisdiction that requires these Rules to be translated into the local language.
Not be a resident of any country that is subject to sanctions or embargoes, including the following countries or regions: Cuba, Iran, North Korea, Russia, Syria, and the following regions Of Ukraine: Crimea, Donetsk and Luhansk.
Have access to the Internet throughout the duration of the Contest. Normal Internet and telephony access and usage charges imposed by your Internet service provider or telephony service carrier may apply.
Provide any additional necessary information or consents necessary to confirm your eligibility as a winner should your Submission be selected as a winning entry. Failure to provide additional information or consents as we request will be grounds for disqualification, unless prohibited under applicable law.
Not be an employee, intern, contractor or official office-holder of the Sponsor, its respective subsidiaries, affiliates, advertising or promotion agencies, representatives or agents (the Contest Entities).
Not be an immediate family member (parent, sibling, child, spouse or life partner, regardless of residence) or a member of the household (whether or not related) of any member of any of the Contest Entities.
Grant us permission to post your entry on any websites owned or controlled by Sponsor, any social media channels of Sponsor (including but not limited to, Twitter, Facebook and Instagram) or other websites.
We may disqualify you from participation in the Contest if we determine in our sole discretion that such participation may bring disrepute to our brand, however remote that potential may be, or may result in a legal dispute over the award of the prize or cause its apportionment to result in complications that we are not prepared to undertake (e.g., another person has a right to claim a portion of the winnings due to their right to alimony, spousal support or your failure to pay taxes in the past).
We have the right to verify your eligibility at any time. In the event of a dispute concerning the eligibility of an Entrant, we reserve the sole right and discretion to determine the outcome of such dispute.
Contest Period
The Contest begins and ends at the following times (the Contest Period):
Start Time
23:00:00 Singapore time on 18 Oct 2022
End Time
14:59:00 Singapore time on 31 Oct 2022
YOU ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN YOUR JURISDICTION. SUBMISSIONS ARE VALID ONLY IF ENTERED DURING THE VALIDITY OF THE CONTEST PERIOD.
How to Enter
You must enter the Contest during the Contest Period only. Only those entries that meet the qualifying criteria described below (the Submission Requirements) and are not otherwise disqualified (see Disqualifying Acts) will be included in the pool for judging.
To enter the Contest, you must complete the following steps:
Register your entry through the Sponsor’s online interface for the Contest, known as the Gleam Widget, which is located at http://secretlab.co/pages/dota2, or the Contest Landing Page.
At the Contest Landing Page, you must submit your name and e-mail address through the Gleam Widget or by logging into the Gleam Widget using your Facebook or Twitter logins. When registering your entry, please make sure that the e-mail address you provide is one that you check regularly. We are not responsible to any prize winner who forfeits a prize because of that individual’s failure to respond to any prize notification and its instructions in a timely manner.
Tweet your response to the question, "If the #SECRETLABxTI11 Edition chair was an in-game item, it would give me a boost/advantage in ____________. " (Key Question).
You get one point for logging into the Gleam Widget through the Contest Landing Page. While you are logged into the Gleam Widget, you can collect points for completing the following Actions:
answering the Key Question via a tweet with a hashtag #SECRETLABxTI11;
visit secretlab.co/dota2;
visit @secretlab on Instagram;
view a @secretlab photo on Instagram;
uploading and selecting a photo taken at Secretlab booth at TI11 on Instagram;
visit @Secretlab on Facebook;
view a @Secretlab photo on Facebook;
uploading and selecting a photo taken at Secretlab booth at TI11 on Facebook;
following @secretlabchairs on Twitter;
retweeting post that we have specified on the Gleam Widget on Twitter;
Uploading and selecting a photo taken at Secretlab booth at TI11 on Twitter;
watching a @secretlab video on Tik Tok;
signing up for the Sponsor’s newsletter; and
completing all of the actions listed in the Gleam Widget.
The number of points awarded for each Action will be as designated in the Gleam Widget. You will not be able to collect points if you carry out any of the Actions while logged out of the Gleam Widget.
Submissions are void if they are in whole or part incomplete (e.g., failed to answer the Key Question), altered, counterfeit, obtained through fraud, late or otherwise do not comply with the Rules.
All Submissions will be deemed made by the authorized account holder of the e-mail address used to log into the Gleam Widget. The potential winners may be required to show proof of being the authorized account holder for that e-mail address.
The authorized account holder is the natural person assigned to an e-mail address by an Internet service provider, online service provider or other organization responsible for assigning e-mail addresses for the domain.
Although this Contest uses the platforms provided by Gleam, Facebook, Twitter and Instagram (the Platforms) to advertise and host some of the content of the Contest, this Contest is in no way sponsored, endorsed or administered by, or associated with any of the Platforms. Each of Gleam, Facebook, Twitter and Instagram may be a registered trademark which is used in these Rules for the purpose of describing the Contest mechanisms only.
Disqualifying Acts
We have the right to disqualify any Submission that meets contains any of the following:
Any content that the Sponsor, in its absolute discretion, deems to be derogatory, offensive, threatening, defamatory, disparaging, libelous, or to contain any content that is inappropriate, indecent, sexual, profane, tortious, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
Any content, material or any element that is unlawful or otherwise in violation or contrary to the application of any law or regulation where the Submission is created or where we are located.
Any content, material or element that is owned by or subject to the rights of any third party or entity (whether or not you have the rights to use or display such content, material or element), including without limitation, any third party’s advertising, slogan, logo or trademark.
Any content, material or element that indicates a sponsorship or endorsement by a third party or commercial entity or any content, material or element that is not within the theme or spirit of the Contest as determined by the Sponsor in its absolute discretion.
Any content, element or material that violates a third party’s publicity, privacy or intellectual property rights.
Any content that violates the terms of use or any applicable guidelines of the Platforms.
Non-compliance with these Rules and/or any false or incorrect information provided within the context of the Contest by any Entrant concerning identity, age, mailing address, telephone number, e-mail address, ownership of right, or the like, may result in the immediate disqualification of the Entrant from the Contest.
Judging
At the end of the Contest Period, Submissions will be judged by a panel of experts (Judges) to be selected by us or by a third party appointed by us.
The qualified Submissions will be ranked in descending order based on the total number of points that each Submission has accumulated (as recorded by the Gleam Widget), with the Submission receiving the higher number of points receiving a higher rank than a Submission with a lower number of points. Submissions that have accumulated the same number of points will receive the same rank position.
The winners for each tier of prize award will be selected based on the Submission ranking determined in the manner described above, with the highest ranked Submission qualifying for the grand prize.
In the event that multiple Submissions receive the same number of points, the Judges will select the Submission that contains the most creative answer to the Key Question as the winning entry for the prize tier in question. In the event that a potential winner is disqualified for any reason, the Submission that received the next highest total score (or, in the event of a tie, the Submission that is judged to have the second most creative answer to the Key Question) will be chosen as the potential winner.
You acknowledge that judging of this kind is by its nature subjective. The determinations of the Judges are final and binding.
We do not guarantee the posting of any winning Submission.
Winner Announcement
On or about 11 November 2022 (SGT), or on such date and in such manner as is required by law, we will announce the winner on the Contest Landing Page and the comment sections of our Contest post on our social media pages on Twitter, Facebook and Instagram. We will also contact the winner through the direct message feature of our social media accounts or the e-mail address provided to us as part of the Submission. The potential winner shall have 24 hours from the notification attempt to object to the selection.
If a potential winner objects to their selection within that time period, then such potential winner will be disqualified and an alternate potential winner will be selected from among all eligible Entrants based on the judging criteria described in these Rules.
Each potential winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release (or such equivalent document) and provide any additional information that we may require for prize fulfillment or otherwise.
Potential winner must return all such required documents within 72 hours following our initial attempt to notify them or such person will be deemed to have forfeited the prize and another potential winner may be selected based on the judging criteria described in these Rules.
All notification requirements, as well as other requirements within these Rules, will be strictly enforced.
Prizes
The following prizes will be awarded:
Grand Prize
The single winner of the Grand Prize winner will receive:
One Secretlab TITAN Evo 2022 The International 11 Edition, size R
(Approximate retail value: USD624.00)
Second Tier Prizes
Five second tier prize winners will each receive:
One Secretlab Memory Foam Lumbar Pillow selected from the following editions (subject to availability): Dota 2 Roshan Edition OR Snapfire Edition OR Tidehunter Edition
(Approximate retail value: USD59)
We will try to ship out the lumbar pillow selected by the prize winner but we reserve the right to replace the selected edition with another edition if the winner’s preferred edition is not available at the time of shipping.
Third Tier Prizes
Ten third tier prize winners will each receive:
One Secretlab Enamel Pin - Relaxed Roshan Edition
(Approximate retail value: USD30)
We will ship the prizes to the winner’s residence. However, if a winner resides outside of Australia, Canada, European Economic Area, Indonesia, Japan, Korea, Malaysia, New Zealand, Philippines, Singapore, Switzerland, Thailand, United Kingdom or the United States, the winner must bear the cost of freight, handling, documentation, terminal fees, import handling, door-to-door delivery, customs clearance, insurance, duties and taxes and all other related delivery costs of bulky prizes from the warehouse to the winner’s residence.
No transfer, substitution, or cash equivalent for prizes is allowed, except at our sole discretion. We reserve the right to substitute a prize, in whole or in part, of equal or greater value if a prize cannot be awarded, in whole or in part, as described for any reason.
Contest Entities have not made and are not making, and Contest Entities are not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, or regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize or any components thereto.
In the event that less than 100 Submissions that meet the Submission Requirements are received, no prize will be awarded. Subject to the above provisions regarding prize substitutions, if there are at least 100 Submissions in compliance with these Rules, all prizes will be awarded.
Taxes
ALL PRIZES WILL BE NET OF ANY TAXES THAT WE ARE REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF EACH WINNER, REGARDLESS OF WHETHER WE HAVE WITHHELD SUCH TAXES. ANY ADDITIONAL COSTS RELATING TO A PRIZE ARE THE SOLE RESPONSIBILITY OF EACH WINNER.
Compliance with Laws
All national, federal, state, provincial and local laws and regulations apply. We reserve the right to disqualify any Entrant from the Contest if, in our sole discretion, we believe that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants, users, Sponsor, Contest Entities or the Judges.
Intellectual Property Rights
As between Sponsor and the Entrant, except for the trademarks, service marks, trade names, logos, slogans, industrial property rights, works of authorship and other intellectual property that are owned by Secretlab and any improvements of derivatives of any of the foregoing, all of which shall remain the property of Secretlab and/or its licensors, each Entrant shall retain ownership of all intellectual property rights (including moral rights) in the contents of their Submission. You are responsible for securing proper intellectual property protections for your Submission. We will not assume ownership responsibility. You are responsible for ensuring that your Submission(s) do not infringe on the intellectual property rights of another individual or entity. You agree to release the Contested Entities from liability for any unauthorized use of any portion of your Submission(s) by third parties.
Privacy
You acknowledge and agree that we may collect, store, share and otherwise use any personally identifiable information provided to us throughout the Contest, including, but not limited to, name, mailing address, phone number and e-mail address. As we are administering the Contest using the Gleam Widget, you should be aware that your personal data will be collected and processed by Crowd 9 PTY LTD., or Gleam. When you set up your account with Gleam, you will have agreed to Gleam’s privacy policy which states, among others, that Gleam stores all personal data in servers that are located in the United States, where the laws may not be deemed adequate to those of the country of your residence.
In addition, when you access the Gleam Widget using your Facebook, Instagram or Twitter accounts, or Social Media Accounts, through the single sign-on feature, you will have, or will be sharing, with Gleam and us, any personal data that you may have provided to, or stored within, your Social Media Accounts, for the purposes of administering the Contest. We will also be able to track your geolocation at the point that you submit your Submission to verify your eligibility to take part in the Contest. We will collect, process and store your name, e-mail address and any other personal data from your Submission in accordance with our the terms of our privacy policy (available at https://secretlab.co/pages/terms-of-use#privacy), which we may update from time to time, including without limitation for administering the Contest and verifying your identity, age, postal address, e-mail address, username and telephone number in the event a Submission qualifies for a prize and for marketing purposes as permitted by law. . The collection, processing and storage of any personal data that you provide to Gleam, Facebook, Instagram or Twitter will be governed by their respective privacy policies which, at the date of these Rules, are available here:
Facebook: https://facebook.com/policy.php
Instagram: https://help.instagram.com
Twitter: https://twitter.com/en/privacy
Tiktok: https://www.tiktok.com/@secretlab
Gleam: https://gleam.io/privacy#dpa
You have the right to request access, review, rectification or deletion of any personal data held by us in connection with the Contest by writing to us at this e-mail address: compliance@secretlab.sg.
Publicity
As a condition of entry, you grant us, our subsidiaries, agents and partner companies (including the Contest Entities), a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display contents of the Submission, including, without limitation, your name, avatar names, usernames, account handles, screenshots, portraits, pictures, images, statements and other information: (1) for the purposes of allowing us and the Judges to evaluate the Submissions for purposes of the Contest, and (2) in connection with news, publicity, marketing, advertising and promotion to the public or other groups. You hereby waive any right to any form of compensation and all legal claims, including for libel, slander, invasion of privacy, moral right and copyright infringement, related to the Submissions content and its use. As described herein, you may be asked to complete a publicity release.
Warranties and Indemnities
Nothing in these Rules limits, excludes or modifies any statutory consumer guarantee or implied condition or warranty that cannot be limited, excluded or modified without contravening a statute, regulation, ordinance or other laws (collectively, the Non-Excludable Guarantees).
The Contest Entities disclaim any and all representations, warranties, covenants and terms that are not described in these Rules other than the Non-Excludable Guarantees.
Subject to the Non-Excludable Guarantees, by participating in the Contest, you shall defend, fully indemnify and keep indemnified, hold harmless and release, each of the Contest Entities at all times from and against any direct or indirect liability, losses, damages, awards, judgments, penalties, orders, expenses, costs and expenses (including the fees and costs of legal service providers) due in whole or in part to any claims, allegations, demands, actions, suits or proceedings relating to or arising out of (a) any of your acts, defaults or omissions; (b) your participation in the Contest or any Contest-related activity; (c) any entry or other material that you uploaded or otherwise provided infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (d) any misrepresentation you made in connection with the Contest; (e) your non-compliance with any of these Rules; (f) your acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (g) any malfunction or other problem with the Contest site(s); (h) any error in the collection, processing or retention of entry information; or (i) any typographical or other error in the printing, offering or announcement of any prize or winners.
Internet or Other Technical Issues
Contest Entities are not responsible for any malfunction or for any late, lost, damaged, misdirected, incomplete, undeliverable or destroyed Submissions due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at any Contest sites, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an Entrant’s ability to participate.
Right to Cancel, Modify or Disqualify
If for any reason the Contest is not capable of running as we intended, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, fulfilling health guidelines or requirements by local authorities, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, we reserve the right at our sole discretion to cancel, terminate, modify, or suspend the Contest and if terminated, we may elect to determine the potential winners for the Contest from among all eligible Submissions received prior to the termination using the judging criteria specified above. We further reserve the right to disqualify any Entrant who tampers with the submission process or any other part of the Contest or Contest site(s). Any attempt by an Entrant to deliberately damage any website, including any Contest site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, we reserve the right to seek any and all remedies available from any such Entrant to the fullest extent of the law.
Limitation of Liability
None of the Contest Entities are responsible for: (a) lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, or illegible garbled Submissions, Twitter posts or comments, or entries, Twitter posts or comments received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Contest; or (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Contest or the processing of Submissions. You agree that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest (but not the development of the Submission) but in no event attorneys’ fees; and you waive all rights to claim any punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Governing Law
To the extent permitted by law, these Rules shall be governed by, subject to and construed in accordance with the laws of Singapore, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Dispute Resolution
Please read this Section (the Arbitration Agreement) carefully. It is part of your contract with Secretlab and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement
By entering into this Contest, you and we agree that any dispute, claim or disagreement arising out of or relating in any way to this Contest or any communications or prizes that you receive will be resolved by binding arbitration, rather than in court, except that: (1) you and Secretlab assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Secretlab may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Informal Dispute Resolution
There might be instances when a Dispute arises between you and Secretlab. If that occurs, Secretlab is committed to working with you to reach a reasonable resolution. You and Secretlab agree that good faith informal efforts to resolve Disputes can result in a prompt, low?cost and mutually beneficial outcome (Informal Dispute Resolution). You and Secretlab therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (Informal Dispute Resolution Conference). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (Notice), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Secretlab that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal-notices@secretlab.sg or regular mail to our offices located at 351 Braddell Road, #05-02, Singapore 579713, Singapore. The Notice must include: (1) your name, telephone number, mailing address, e?mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e?mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a sepa
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VOID WHERE SUCH CONTESTS ARE PROHIBITED BY LAW.
CONTEST IS SOLELY OPEN TO ELIGIBLE PARTICIPANTS. IN PARTICULAR, RESIDENTS OF THE FOLLOWING COUNTRIES AND REGIONS ARE EXCLUDED FROM PARTICIPATION: CUBA, IRAN, NORTH KOREA, RUSSIA, SYRIA, AND THE FOLLOWING REGIONS OF UKRAINE: CRIMEA, DONETSK AND LUHANSK.
IF A PRIZE WINNER RESIDES OUTSIDE AUSTRALIA, CANADA, EUROPEAN ECONOMIC AREA, INDONESIA, JAPAN, KOREA, MALAYSIA, NEW ZEALAND, THE PHILIPPINES, SINGAPORE, SWITZERLAND, THAILAND, UNITED KINGDOM OR THE UNITED STATES, THAT PRIZE WINNER WILL NEED TO PAY THE COSTS AND TAXES ASSOCIATED WITH PRIZE DELIVERY.
READ THESE OFFICIAL RULES (THESE RULES) CAREFULLY BEFORE ENTERING THE CONTEST. THEY REQUIRE YOU TO GIVE UP SOME OF YOUR RIGHTS, INCLUDING RELEASING THE SPONSOR AND ITS RELATED STAKEHOLDERS FROM KNOWN AND UNKNOWN CLAIMS.
THE “DISPUTE RESOLUTION” SECTION OF THESE RULES ALSO CONTAIN AN ARBITRATION AGREEMENT THAT WILL, WITH THE LIMITED EXCEPTIONS SET FORTH THEREIN, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING ARBITRATION. UNLESS YOU OPT OUT: (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR PARTICIPATION IN THE CONTEST WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF SINGAPORE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.
THESE RULES ARE IN ENGLISH ONLY AND WILL NOT BE TRANSLATED INTO ANY OTHER LANGUAGE. IF YOU ARE USING A TRANSLATION PROGRAMME TO REVIEW THESE RULES, PLEASE BE WARNED THAT ONLY THE ENGLISH VERSION OF RULES ARE VALID.
WE HAVE THE RIGHT TO INTERPRET YOUR ENTRY INTO THIS CONTEST TO MEAN THAT YOU HAVE READ, AGREED AND ACCEPTED TO OBEY THESE RULES.
DO NOT ENTER THIS CONTEST IF YOU DON’T AGREE WITH THESE RULES.
Type of Contest
The Secretlab TI11 Gleam Contest (the Contest) is a skill contest; chance will play no part in determining the winners of the Contest. The Submissions (as defined below) will be evaluated by judges who will determine the winning entrants in accordance with these Rules. Only Contest Submissions from entrants who meet the qualifications will be included in the pool of Submissions that is submitted to the judges for their final determination. The prizes will be awarded to qualifying Entrants in Sponsor’s sole discretion. See below for the complete details. This Contest is in no way sponsored, endorsed, administered by, or associated with any third party, including, without limitation, Gleam, Facebook, Twitter or Instagram.
Sponsor
Secretlab SG Pte. Ltd. (Company Registration No. 201506443C), a Singapore company, is the sponsor of this Contest. We are located at 351 Braddell Road, #05-02, Singapore 579713.
References to Secretlab, we, us, our and Sponsor refer to the sponsor of this Contest. References to you, your and Entrant refers to you as the entrant to this Contest.
Binding Agreement
These Rules establish the terms and conditions under which we may agree to accept your offer to participate in the Contest, provided that you and the entry you submit (the Submission) also meet the qualifying criteria to contract with us. Upon submission of your entry, these Rules form a binding legal agreement between you and us with respect to the Contest.
If you refuse to follow any of these Rules at any time, it means that you made a false representation to us at the time of your offer that you have read, agreed and accepted these Rules, and you agree that in such a case, we have the right to rescind and void the contract between us with no repercussions whatsoever.
If you contest any part of these Rules at any time, we reserve the right to disqualify you from the Contest and won’t be eligible to receive any prize described in these Rules.
Eligibility Criteria
To be eligible to enter the Contest, you must meet all of the following conditions:
Be at least the age of majority in your country, state, province or jurisdiction of residence at the time you make your Submission.
Not be a resident of any country or jurisdiction that requires these Rules to be translated into the local language.
Not be a resident of any country that is subject to sanctions or embargoes, including the following countries or regions: Cuba, Iran, North Korea, Russia, Syria, and the following regions Of Ukraine: Crimea, Donetsk and Luhansk.
Have access to the Internet throughout the duration of the Contest. Normal Internet and telephony access and usage charges imposed by your Internet service provider or telephony service carrier may apply.
Provide any additional necessary information or consents necessary to confirm your eligibility as a winner should your Submission be selected as a winning entry. Failure to provide additional information or consents as we request will be grounds for disqualification, unless prohibited under applicable law.
Not be an employee, intern, contractor or official office-holder of the Sponsor, its respective subsidiaries, affiliates, advertising or promotion agencies, representatives or agents (the Contest Entities).
Not be an immediate family member (parent, sibling, child, spouse or life partner, regardless of residence) or a member of the household (whether or not related) of any member of any of the Contest Entities.
Grant us permission to post your entry on any websites owned or controlled by Sponsor, any social media channels of Sponsor (including but not limited to, Twitter, Facebook and Instagram) or other websites.
We may disqualify you from participation in the Contest if we determine in our sole discretion that such participation may bring disrepute to our brand, however remote that potential may be, or may result in a legal dispute over the award of the prize or cause its apportionment to result in complications that we are not prepared to undertake (e.g., another person has a right to claim a portion of the winnings due to their right to alimony, spousal support or your failure to pay taxes in the past).
We have the right to verify your eligibility at any time. In the event of a dispute concerning the eligibility of an Entrant, we reserve the sole right and discretion to determine the outcome of such dispute.
Contest Period
The Contest begins and ends at the following times (the Contest Period):
Start Time
23:00:00 Singapore time on 18 Oct 2022
End Time
14:59:00 Singapore time on 31 Oct 2022
YOU ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN YOUR JURISDICTION. SUBMISSIONS ARE VALID ONLY IF ENTERED DURING THE VALIDITY OF THE CONTEST PERIOD.
How to Enter
You must enter the Contest during the Contest Period only. Only those entries that meet the qualifying criteria described below (the Submission Requirements) and are not otherwise disqualified (see Disqualifying Acts) will be included in the pool for judging.
To enter the Contest, you must complete the following steps:
Register your entry through the Sponsor’s online interface for the Contest, known as the Gleam Widget, which is located at http://secretlab.co/pages/dota2, or the Contest Landing Page.
At the Contest Landing Page, you must submit your name and e-mail address through the Gleam Widget or by logging into the Gleam Widget using your Facebook or Twitter logins. When registering your entry, please make sure that the e-mail address you provide is one that you check regularly. We are not responsible to any prize winner who forfeits a prize because of that individual’s failure to respond to any prize notification and its instructions in a timely manner.
Tweet your response to the question, "If the #SECRETLABxTI11 Edition chair was an in-game item, it would give me a boost/advantage in ____________. " (Key Question).
You get one point for logging into the Gleam Widget through the Contest Landing Page. While you are logged into the Gleam Widget, you can collect points for completing the following Actions:
answering the Key Question via a tweet with a hashtag #SECRETLABxTI11;
visit secretlab.co/dota2;
visit @secretlab on Instagram;
view a @secretlab photo on Instagram;
uploading and selecting a photo taken at Secretlab booth at TI11 on Instagram;
visit @Secretlab on Facebook;
view a @Secretlab photo on Facebook;
uploading and selecting a photo taken at Secretlab booth at TI11 on Facebook;
following @secretlabchairs on Twitter;
retweeting post that we have specified on the Gleam Widget on Twitter;
Uploading and selecting a photo taken at Secretlab booth at TI11 on Twitter;
watching a @secretlab video on Tik Tok;
signing up for the Sponsor’s newsletter; and
completing all of the actions listed in the Gleam Widget.
The number of points awarded for each Action will be as designated in the Gleam Widget. You will not be able to collect points if you carry out any of the Actions while logged out of the Gleam Widget.
Submissions are void if they are in whole or part incomplete (e.g., failed to answer the Key Question), altered, counterfeit, obtained through fraud, late or otherwise do not comply with the Rules.
All Submissions will be deemed made by the authorized account holder of the e-mail address used to log into the Gleam Widget. The potential winners may be required to show proof of being the authorized account holder for that e-mail address.
The authorized account holder is the natural person assigned to an e-mail address by an Internet service provider, online service provider or other organization responsible for assigning e-mail addresses for the domain.
Although this Contest uses the platforms provided by Gleam, Facebook, Twitter and Instagram (the Platforms) to advertise and host some of the content of the Contest, this Contest is in no way sponsored, endorsed or administered by, or associated with any of the Platforms. Each of Gleam, Facebook, Twitter and Instagram may be a registered trademark which is used in these Rules for the purpose of describing the Contest mechanisms only.
Disqualifying Acts
We have the right to disqualify any Submission that meets contains any of the following:
Any content that the Sponsor, in its absolute discretion, deems to be derogatory, offensive, threatening, defamatory, disparaging, libelous, or to contain any content that is inappropriate, indecent, sexual, profane, tortious, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
Any content, material or any element that is unlawful or otherwise in violation or contrary to the application of any law or regulation where the Submission is created or where we are located.
Any content, material or element that is owned by or subject to the rights of any third party or entity (whether or not you have the rights to use or display such content, material or element), including without limitation, any third party’s advertising, slogan, logo or trademark.
Any content, material or element that indicates a sponsorship or endorsement by a third party or commercial entity or any content, material or element that is not within the theme or spirit of the Contest as determined by the Sponsor in its absolute discretion.
Any content, element or material that violates a third party’s publicity, privacy or intellectual property rights.
Any content that violates the terms of use or any applicable guidelines of the Platforms.
Non-compliance with these Rules and/or any false or incorrect information provided within the context of the Contest by any Entrant concerning identity, age, mailing address, telephone number, e-mail address, ownership of right, or the like, may result in the immediate disqualification of the Entrant from the Contest.
Judging
At the end of the Contest Period, Submissions will be judged by a panel of experts (Judges) to be selected by us or by a third party appointed by us.
The qualified Submissions will be ranked in descending order based on the total number of points that each Submission has accumulated (as recorded by the Gleam Widget), with the Submission receiving the higher number of points receiving a higher rank than a Submission with a lower number of points. Submissions that have accumulated the same number of points will receive the same rank position.
The winners for each tier of prize award will be selected based on the Submission ranking determined in the manner described above, with the highest ranked Submission qualifying for the grand prize.
In the event that multiple Submissions receive the same number of points, the Judges will select the Submission that contains the most creative answer to the Key Question as the winning entry for the prize tier in question. In the event that a potential winner is disqualified for any reason, the Submission that received the next highest total score (or, in the event of a tie, the Submission that is judged to have the second most creative answer to the Key Question) will be chosen as the potential winner.
You acknowledge that judging of this kind is by its nature subjective. The determinations of the Judges are final and binding.
We do not guarantee the posting of any winning Submission.
Winner Announcement
On or about 11 November 2022 (SGT), or on such date and in such manner as is required by law, we will announce the winner on the Contest Landing Page and the comment sections of our Contest post on our social media pages on Twitter, Facebook and Instagram. We will also contact the winner through the direct message feature of our social media accounts or the e-mail address provided to us as part of the Submission. The potential winner shall have 24 hours from the notification attempt to object to the selection.
If a potential winner objects to their selection within that time period, then such potential winner will be disqualified and an alternate potential winner will be selected from among all eligible Entrants based on the judging criteria described in these Rules.
Each potential winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release (or such equivalent document) and provide any additional information that we may require for prize fulfillment or otherwise.
Potential winner must return all such required documents within 72 hours following our initial attempt to notify them or such person will be deemed to have forfeited the prize and another potential winner may be selected based on the judging criteria described in these Rules.
All notification requirements, as well as other requirements within these Rules, will be strictly enforced.
Prizes
The following prizes will be awarded:
Grand Prize
The single winner of the Grand Prize winner will receive:
One Secretlab TITAN Evo 2022 The International 11 Edition, size R
(Approximate retail value: USD624.00)
Second Tier Prizes
Five second tier prize winners will each receive:
One Secretlab Memory Foam Lumbar Pillow selected from the following editions (subject to availability): Dota 2 Roshan Edition OR Snapfire Edition OR Tidehunter Edition
(Approximate retail value: USD59)
We will try to ship out the lumbar pillow selected by the prize winner but we reserve the right to replace the selected edition with another edition if the winner’s preferred edition is not available at the time of shipping.
Third Tier Prizes
Ten third tier prize winners will each receive:
One Secretlab Enamel Pin - Relaxed Roshan Edition
(Approximate retail value: USD30)
We will ship the prizes to the winner’s residence. However, if a winner resides outside of Australia, Canada, European Economic Area, Indonesia, Japan, Korea, Malaysia, New Zealand, Philippines, Singapore, Switzerland, Thailand, United Kingdom or the United States, the winner must bear the cost of freight, handling, documentation, terminal fees, import handling, door-to-door delivery, customs clearance, insurance, duties and taxes and all other related delivery costs of bulky prizes from the warehouse to the winner’s residence.
No transfer, substitution, or cash equivalent for prizes is allowed, except at our sole discretion. We reserve the right to substitute a prize, in whole or in part, of equal or greater value if a prize cannot be awarded, in whole or in part, as described for any reason.
Contest Entities have not made and are not making, and Contest Entities are not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, or regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize or any components thereto.
In the event that less than 100 Submissions that meet the Submission Requirements are received, no prize will be awarded. Subject to the above provisions regarding prize substitutions, if there are at least 100 Submissions in compliance with these Rules, all prizes will be awarded.
Taxes
ALL PRIZES WILL BE NET OF ANY TAXES THAT WE ARE REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF EACH WINNER, REGARDLESS OF WHETHER WE HAVE WITHHELD SUCH TAXES. ANY ADDITIONAL COSTS RELATING TO A PRIZE ARE THE SOLE RESPONSIBILITY OF EACH WINNER.
Compliance with Laws
All national, federal, state, provincial and local laws and regulations apply. We reserve the right to disqualify any Entrant from the Contest if, in our sole discretion, we believe that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants, users, Sponsor, Contest Entities or the Judges.
Intellectual Property Rights
As between Sponsor and the Entrant, except for the trademarks, service marks, trade names, logos, slogans, industrial property rights, works of authorship and other intellectual property that are owned by Secretlab and any improvements of derivatives of any of the foregoing, all of which shall remain the property of Secretlab and/or its licensors, each Entrant shall retain ownership of all intellectual property rights (including moral rights) in the contents of their Submission. You are responsible for securing proper intellectual property protections for your Submission. We will not assume ownership responsibility. You are responsible for ensuring that your Submission(s) do not infringe on the intellectual property rights of another individual or entity. You agree to release the Contested Entities from liability for any unauthorized use of any portion of your Submission(s) by third parties.
Privacy
You acknowledge and agree that we may collect, store, share and otherwise use any personally identifiable information provided to us throughout the Contest, including, but not limited to, name, mailing address, phone number and e-mail address. As we are administering the Contest using the Gleam Widget, you should be aware that your personal data will be collected and processed by Crowd 9 PTY LTD., or Gleam. When you set up your account with Gleam, you will have agreed to Gleam’s privacy policy which states, among others, that Gleam stores all personal data in servers that are located in the United States, where the laws may not be deemed adequate to those of the country of your residence.
In addition, when you access the Gleam Widget using your Facebook, Instagram or Twitter accounts, or Social Media Accounts, through the single sign-on feature, you will have, or will be sharing, with Gleam and us, any personal data that you may have provided to, or stored within, your Social Media Accounts, for the purposes of administering the Contest. We will also be able to track your geolocation at the point that you submit your Submission to verify your eligibility to take part in the Contest. We will collect, process and store your name, e-mail address and any other personal data from your Submission in accordance with our the terms of our privacy policy (available at https://secretlab.co/pages/terms-of-use#privacy), which we may update from time to time, including without limitation for administering the Contest and verifying your identity, age, postal address, e-mail address, username and telephone number in the event a Submission qualifies for a prize and for marketing purposes as permitted by law. . The collection, processing and storage of any personal data that you provide to Gleam, Facebook, Instagram or Twitter will be governed by their respective privacy policies which, at the date of these Rules, are available here:
Facebook: https://facebook.com/policy.php
Instagram: https://help.instagram.com
Twitter: https://twitter.com/en/privacy
Tiktok: https://www.tiktok.com/@secretlab
Gleam: https://gleam.io/privacy#dpa
You have the right to request access, review, rectification or deletion of any personal data held by us in connection with the Contest by writing to us at this e-mail address: compliance@secretlab.sg.
Publicity
As a condition of entry, you grant us, our subsidiaries, agents and partner companies (including the Contest Entities), a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display contents of the Submission, including, without limitation, your name, avatar names, usernames, account handles, screenshots, portraits, pictures, images, statements and other information: (1) for the purposes of allowing us and the Judges to evaluate the Submissions for purposes of the Contest, and (2) in connection with news, publicity, marketing, advertising and promotion to the public or other groups. You hereby waive any right to any form of compensation and all legal claims, including for libel, slander, invasion of privacy, moral right and copyright infringement, related to the Submissions content and its use. As described herein, you may be asked to complete a publicity release.
Warranties and Indemnities
Nothing in these Rules limits, excludes or modifies any statutory consumer guarantee or implied condition or warranty that cannot be limited, excluded or modified without contravening a statute, regulation, ordinance or other laws (collectively, the Non-Excludable Guarantees).
The Contest Entities disclaim any and all representations, warranties, covenants and terms that are not described in these Rules other than the Non-Excludable Guarantees.
Subject to the Non-Excludable Guarantees, by participating in the Contest, you shall defend, fully indemnify and keep indemnified, hold harmless and release, each of the Contest Entities at all times from and against any direct or indirect liability, losses, damages, awards, judgments, penalties, orders, expenses, costs and expenses (including the fees and costs of legal service providers) due in whole or in part to any claims, allegations, demands, actions, suits or proceedings relating to or arising out of (a) any of your acts, defaults or omissions; (b) your participation in the Contest or any Contest-related activity; (c) any entry or other material that you uploaded or otherwise provided infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (d) any misrepresentation you made in connection with the Contest; (e) your non-compliance with any of these Rules; (f) your acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (g) any malfunction or other problem with the Contest site(s); (h) any error in the collection, processing or retention of entry information; or (i) any typographical or other error in the printing, offering or announcement of any prize or winners.
Internet or Other Technical Issues
Contest Entities are not responsible for any malfunction or for any late, lost, damaged, misdirected, incomplete, undeliverable or destroyed Submissions due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at any Contest sites, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an Entrant’s ability to participate.
Right to Cancel, Modify or Disqualify
If for any reason the Contest is not capable of running as we intended, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, fulfilling health guidelines or requirements by local authorities, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, we reserve the right at our sole discretion to cancel, terminate, modify, or suspend the Contest and if terminated, we may elect to determine the potential winners for the Contest from among all eligible Submissions received prior to the termination using the judging criteria specified above. We further reserve the right to disqualify any Entrant who tampers with the submission process or any other part of the Contest or Contest site(s). Any attempt by an Entrant to deliberately damage any website, including any Contest site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, we reserve the right to seek any and all remedies available from any such Entrant to the fullest extent of the law.
Limitation of Liability
None of the Contest Entities are responsible for: (a) lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, or illegible garbled Submissions, Twitter posts or comments, or entries, Twitter posts or comments received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Contest; or (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Contest or the processing of Submissions. You agree that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest (but not the development of the Submission) but in no event attorneys’ fees; and you waive all rights to claim any punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Governing Law
To the extent permitted by law, these Rules shall be governed by, subject to and construed in accordance with the laws of Singapore, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Dispute Resolution
Please read this Section (the Arbitration Agreement) carefully. It is part of your contract with Secretlab and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement
By entering into this Contest, you and we agree that any dispute, claim or disagreement arising out of or relating in any way to this Contest or any communications or prizes that you receive will be resolved by binding arbitration, rather than in court, except that: (1) you and Secretlab assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Secretlab may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Informal Dispute Resolution
There might be instances when a Dispute arises between you and Secretlab. If that occurs, Secretlab is committed to working with you to reach a reasonable resolution. You and Secretlab agree that good faith informal efforts to resolve Disputes can result in a prompt, low?cost and mutually beneficial outcome (Informal Dispute Resolution). You and Secretlab therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (Informal Dispute Resolution Conference). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (Notice), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Secretlab that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal-notices@secretlab.sg or regular mail to our offices located at 351 Braddell Road, #05-02, Singapore 579713, Singapore. The Notice must include: (1) your name, telephone number, mailing address, e?mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e?mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a sepa
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