OFFICIAL CONTEST RULES
OFFKAT (hereafter referred to as “OFFKAT” and/or “Developer”) welcomes you to offkat.com. OFFKAT
provides a set of tools, online platform, software, and hardware (hereafter referred to as “OFFKAT
Platform”) to create, manage and host video games contest (hereafter referred to
as “Contest”, “OFFKAT Contest”).
In order to participate and remain eligible to play in Contests and receive prizes, as a player (hereafter
referred to as “Player”, “User”, “you”) in any contest you are required to read, understand, and
approve these Official Contest Rules and all applicable laws and regulations. We may terminate your
right, Contests eligibility, prizes eligibility and license to access the OFFKAT Services, OFFKAT Platform
and/or your OFFKAT Account if you violate or breach the Official Contest Rules, Privacy Policy, Terms of
Use, or if there is an illegal, fraudulent, or improper use of your OFFKAT Account. These Official Rules
also contain limitations on liability, a waiver of bringing claims in a class format, and other legally
binding contract terms.
If you have any questions about the rules, please contact us at streettimegame@gmail.com
1. ELIGIBILITY REQUIREMENTS
You must be a registered user to access certain services on the OFFKAT Platform and certain OFFKAT
Services, including in order to play in online contests on the OFFKAT Platform.
To create a user Account (hereafter referred to as “OFFKAT Account”, “User Account” or “Account”),
Log-In and/or to participate in any Contests or related OFFKAT Services, you must qualify and agree to
the conditions set forth below. The user is then considered as an “Eligible User”. Failure to qualify and
continuously abide by any of the following conditions constitutes a breach of this Agreement.
Specifically, you agree that:
a. OFFKAT Platform is intended solely for users who are of adult legal age of majority. Any
registration by, use of or access to the related Sites and Services by anyone under 18 is
unauthorized, unlicensed and in violation of these Official Contest Rules.
i. FOR UNITED STATES RESIDENTS ONLY: Subject to any applicable restrictions and
requirements, the OFFKAT Platform are available to any individual 13 years of age and
over. If you are at least 13 years old, but under 18, you and your parent or guardian
should jointly review this Agreement, Terms of Use, and our Privacy Policy. Parents /
guardians are jointly and individually responsible for all actions (including purchases
and payments) and omissions by their minor children in connection with any use of
the OFFKAT Platform. In addition, some content of the OFFKAT Services may be
inappropriate for minors.
ii. FOR ALL OTHER RESIDENTS: If you are under the age of eighteen (18) under local civil
law, please ask your parents or legal guardian to read and agree to this Agreement on
your behalf before proceeding to use the OFFKAT Platform. If you (or your parent or
guardian, if applicable) do not consent to this Agreement, please do not use the
OFFKAT Services. You represent and warrant that you are a “natural person” over the
age of eighteen (18), or of legal age under applicable local civil law, or whose parent
or guardian has accepted and consented to this Contract.
b. You agree to and will abide by all of the Official Contest Rules of this Agreement, and you
will comply with the game related age restrictions and/or guidelines in the country in which
you reside. We expressly reserve the right to request proof of age, at any time;
c. All information that you provide in your registration form for the purposes of establishing
your OFFKAT Account is true and correct and you will promptly notify us of any changes to
such information;
d. You acknowledge that in establishing your OFFKAT Account you have provided us with
certain personal information about You. While we normally keep this information
confidential, you agree that it may be necessary, from time to time, for us to disclose certain
personal information to third parties and you consent to all such disclosures. Please see our
Privacy Policy and Terms of Use for further information.
e. When you register and activate your OFFKAT Account, you will need to provide, and you
authorize us to collect and use on the OFFKAT Platform, a username and password. You are
responsible for keeping your username password secure and acknowledge that you are
responsible for all use and activity carried out in relation to your OFFKAT Account under this
username.
f. In offering or providing certain OFFKAT Services to you, we may also require you to provide
additional personal information. For example, in order to claim certain prizes, you may need
to provide details of your mobile phone number for verification purposes or your street
address (for example, if you win a physical prize that needs to be delivered to you).
g. When you use or access your OFFKAT Account on the OFFKAT Platform or through a OFFKAT
Service, you agree that OFFKAT may collect and store data from your device or computer
including information such as your IP address, device ID and information about your use of
the OFFKAT Platform and OFFKAT Services. This may include details of your use of the
OFFKAT Platform, your gameplay on the OFFKAT Platform, your use of the chat facilities,
interactions with our system and statistical data about your performance in games and
contests. OFFKAT may collect, use, store, transmit and publicly display any of this statistical
data which relates to your game play, which may include your scores, rankings on
leaderboards and achievements.
We will handle all personal information we collect in accordance with our Privacy Policy.
h. Your OFFKAT Account is for your sole use only and must not be used by any third party. You
shall not allow any third party to use your OFFKAT Account, password, Log-In or User ID to
access or use the OFFKAT Platform to arrange, enter, and/or participate in OFFKAT Contests,
or for any other purposes. Nor shall you reveal to any person Your means of payment to
access or use the Site, to arrange, enter, and/or participate in OFFKAT. We take no
responsibility for any third party access to your OFFKAT Account;
i. You have verified and determined that your use of the OFFKAT Platform and OFFKAT
Services does not violate any law or regulation in any jurisdiction that applies to You. It is
your sole responsibility to ensure that this is the case;
j. You fully understand the methods, rules, and procedures of the OFFKAT Platform and
OFFKAT Services, and your use of the OFFKAT Platform and OFFKAT Services will always
comply fully with the Official Contest Rules, Terms of Use, and the Privacy Policy;
k. Your OFFKAT Account is for your personal use only and it will not be used by you for
commercial purposes or in the course of any trade or business;
l. You possess the legal authority to enter into this Agreement including the authority to
accept all of these Terms;
m. You are physically located in a U.S. state, or a jurisdiction located outside the U.S. in which
participation in the Contests is not prohibited by the law of that State or jurisdiction.
n. You understand that OFFKAT may monitor your Internet access location, without creating an
obligation to do so, and may use techniques which are intended to block or restrict access
from a jurisdiction in which participation in the OFFKAT Services and/or Contest are illegal or
restricted;
o. In the event you win a prize, OFFKAT will request that you submit your social security
number, and such other information as OFFKAT, in its sole discretion, may require in order
to send you a Form 1099 in compliance with the U.S. federal income tax reporting
requirements. Failure to provide your social security number and other requested
information at that time may result in termination of your OFFKAT Account and OFFKAT
Platform privileges by OFFKAT and OFFKAT’s inability to award you any prize.
p. You will not mask your identity in any way, including without limitation, IP masking by
accessing the OFFKAT Services over any type of Proxy Server, through IP masking software
or the like; and
q. You understand that We have no ability to control the outcomes of your Contests.
r. Notwithstanding Section 2, the following persons are ineligible to enter and/or participate in
any Contest through use of the OFFKAT Platform, or to receive any Contest Prize arranged or
established through use of the OFFKAT Platform or OFFKAT Services:
i. Except with respect to arranging, entering, establishing and/or participating in any
Contest for demonstration purposes, owners, managers, staff, employees, immediate
family of employees, agents, and contractors of OFFKAT, OFFKAT Distributors or any
OFFKAT platform owner (including, but not limited to its parent companies,
subsidiaries and affiliates), and those of any other manufacturer or developer of the
games or equipment used for the Contests arranged or established through use of the
OFFKAT Platform (i.e., any person with access to non-public information regarding the
operation of any Contest arranged or established through use of the OFFKAT
Platform);
ii. Previous prize winners (including anyone from the winner’s household) who have won
a prize in the preceding ninety (90) day period prior to the commencement of another
contest.
iii. Any user who provides false information about their identity or makes multiple
entries in the competition is likewise excluded.
iv. Any user who breaches the Official Contest Rules, Terms of Use, or Privacy
Policy;
v. OFFKAT reserves the right, at its sole discretion, to consider a user Eligible or not.
Eligibility is not guaranteed and may be revoked at any time. OFFKAT reserves the
right to exclude persons from the competition and not to pay out prizes, or to
subsequently forfeit and reclaim them, in the event of a violation of these Official
Contest Rules.
2. CONTEST
a. Contest Overview. During the Contest Period (as defined below), Eligible Users will have the
opportunity to compete for the top score (the “OFFKAT Contest”).
b. OFFKAT. OFFKAT is the organizer of the Contest.
c. Contest Period. The Contest period (hereinafter referred to as the “Contest Period”) is
specified in the Contest Page of the OFFKAT Platform. The contest period shall begin on July 26,
2021 at 9:00 a.m. EST and end July 30, 2021 at 11:59 p.m. EST. Only the game play during the
Contest Period will be considered.
d. Participating Locations. The OFFKAT Contest is open to Eligible Users who are legal residents of
the 50 United States and Washington, D.C. Void outside of the 50 United States, Washington,
D.C., and where prohibited. OFFKAT at its sole discretion may select which participating
territories may participate in the Contest (hereinafter referred to as the “Participating
Locations”).
e. OFFKAT Account. In order to be able to play in a contest, you will first need to create a OFFKAT
Account. Users are fully responsible to understand the Contests rules.
f. Contest Participation. Any Eligible User who plays the Contest Game during the Contest Period
at a Participating Location will automatically enter the Contest. By entering an eligible play, an
eligible user will automatically have its score register in the Contest system and leaderboard. An
email with the play score, can automatically be sent to the Eligible User(s) at the end of the
game. The leaderboard will only display the top performing users. Once your game is over, the
score will be added to the official leaderboard. Depending on your placement at the end of the
contest’s period, you might win a prize! Each user may only enter a specific Contest once.
Multiple entries are prohibited. OFFKAT reserves the right to exclude participants in the case of
multiple entries in the competition in accordance with Section 1.
g. Participation Fee. OFFKAT does not charge a participation fee to participate in any Contest.
h. Users Report Conflicting Results. If there is a discrepancy between any of the Contest Results
reported between two or more Contest Entrants, OFFKAT will use commercially reasonable
efforts to determine the Verified Winner (as defined below in Section 3(b)) and award the Prize
accordingly. OFFKAT will use a proprietary process to determine the Verified Winner and Our
judgment as to the Verified Winner will be considered the final judgment, therefore, OFFKAT
shall not be required to disclose how the Verified Winner is determined. OFFKAT reserves the
right to suspend, terminate or otherwise cancel the OFFKAT Account of the Contest Entrant who
submitted a report contrary to the Verified Winner as determined by OFFKAT. Your only
recourse is to terminate Your OFFKAT Account and cease using the Services. In certain instances,
We may not be able to determine a Verified Winner, at which time the Accepted Contest will
automatically be deemed a cancelled contest.
i. Early termination of the competition. OFFKAT reserves the right to cancel or terminate the
competition at any time without prior notice and without the need to indicate the grounds. In
particular, OFFKAT may avail itself of this option should the proper conduct of the Contest not
be assured owing to technical causes (e.g. viruses in the computer system, manipulation or
errors in the hardware and/or software) or legal reasons. OFFKAT may demand that a
participant pay compensation for any damages incurred if any such termination is caused by the
conduct of a participant.
3. CONTESTS PRIZES
a. Contest provided by OFFKAT may offer, at its sole discretion, prizes for the winners. Those prizes
may directly be offered by OFFKAT or by Prize Sponsor (hereafter referred to as, “Prize
Supplier”). At the end of the Contest Period, OFFKAT will contact the selected winners and
notify them of the prizes, which shall be no later than August 2, 2021, and Verified Winners (as
defined below) will receive their Prize within two (2) to three (3) weeks from date of verification
of Verified Winner. Verified Winners will have the opportunity to receive a Prize, as follows:
i. Top 10 OFFKAT SCORERS. The top ten (10) Eligible Users scores during the Contest
Period will have the opportunity to receive a special Gift Box (“OFFKAT Gift Box”)
consisting of: (i) a signed t-shirt by KATSO; (ii) mini-mannequin (invitation); and (iii)
tagging markers.
ii. Top OFFKAT SCORE. The top Eligible User score during the Contest Period will have the
opportunity to received: (i) the OFFKAT Gift Box; and (ii) one pair of ODSY OFFKAT
Sneakers.
b. Eligibility Verification. OFFKAT and Prize Supplier reserve the right to verify all user eligibility
prior to declaring a winner and/or allocate the prize (the “Verified Winner”). Under no
circumstances can statistics displayed during the contest (such as the leaderboard or other
online postings) be considered a form of eligibility for a prize.
c. Forfeiture of the prize. Unless otherwise specified in these Official Contest Rules, the winner
must claim their prize within two (2) weeks of notification by OFFKAT, otherwise they will forfeit
their prize. A new winner will be randomly drawn in such cases unless otherwise provided in
these Official Contest Rules. The claim to the prize likewise lapses if the prize cannot be
distributed within two (2) weeks following initial notification of the prize on grounds for which
the winner is at fault.
d. Prize variations. The prizes listed are subject to availability. There may be variations in terms of
size, model, color, etc. OFFKAT and Prize Supplier reserve the right to select a prize they
consider to be of broadly equivalent value or nature, in the event the prize is no longer
available.
e. Non-cash prizes. Non-cash prizes will be sent to the mailing address to be provided by the
winner by OFFKAT and/or the Prize Supplier, or a third party commissioned by OFFKAT and/or
Prize Supplier, by means of carrier, parcel service or post. The winner is responsible for any
additional transportation costs and customs duties. The assumption of shipping costs
notwithstanding, the place of performance remains OFFKAT and/or Price Sponsor’s registered
office. The winner must also provide an alternative address in their immediate vicinity to which
the prize can be delivered in their absence. The winner must bear the costs of another attempt
at delivery.
f. Prize alternative. The winner will be given an option to receive an equivalent replacement if it
is not possible to distribute the prize or would only be possible under unreasonable
circumstances. The winner will also be given the option to receive an equivalent replacement if
the original prize is no longer available as advertised (model change, seasonal goods, size, etc.).
Under no circumstance will cash alternatives for non-cash prizes or prize substitutions be
offered.
g. No Transfer. The right to the prize or prize substitution is not transferable.
h. As-Is. All Prizes are provided “AS IS” by the Prize Supplier. Other than as provided in this
agreement, Prize Supplier makes no other warranties, express or implied, and hereby disclaims
all implied warranties, including any warranty of merchantability and warranty of fitness for a
particular purpose. OFFKAT shall not be liable for insolvency on the part of a Prize Sponsor or
the resulting consequences for conducting the competition.
i. Tax Report. Prize Supplier who provides a prize may report the value of the prize to federal
and/or state taxing authorities.
4. BREACH SANCTIONS. If you, or someone using your OFFKAT Account is in breach of these Official
Contest Rules, OFFKAT reserves the right to take various action against you including issuing you a
warning, suspending your OFFKAT Account, limiting or revoking your use and access to certain or all
OFFKAT Platform, OFFKAT Platform, OFFKAT Contests and OFFKAT Services or otherwise,
terminating this limited license and your OFFKAT Account in accordance with this Agreement and
the Terms of Use. We will use commercially reasonable efforts to investigate complaints registered
against Users suspected of Official Contest Rules breach. You agree to fully cooperate with any
OFFKAT investigation. If OFFKAT is informed during play about suspected behavior, it may, in its sole
discretion, terminate suspected Users’ access to the Service and/or block their Accounts. However,
under no circumstances shall OFFKAT be liable for any loss, whatsoever, sustained by you as a result
of the breach, or otherwise unlawful activity of any person using the OFFKAT Service and no user
shall have the right to require OFFKAT to take any other steps against Users suspected of breach,
cheating or any other form of fraud. If you become aware or find that another OFFKAT user is acting
or using the OFFKAT Platform and/or OFFKAT Services in breach of any of these Official Contest
Rules, please report this activity to OFFKAT by sending an email to streettimegame@gmail.com.
5. DISCLAIMER OF WARRANTIES. THE OFFKAT Platform, THE MATERIALS AND THE OFFKAT SERVICES,
AND ANY PRODUCT OR SERVICE CONTAINED THROUGH ANY OF THEM ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS FOR YOUR USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
OFFKAT DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING, COURSE
OF PERFORMANCE OR USAGE OF TRADE. OFFKAT MAKES NO WARRANTY AS TO THE ACCURACY,
COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE OFFKAT Platform,
AND/OR THE OFFKAT SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE
RELYING ON IT. USE OF THE OFFKAT Platform AND THE OFFKAT SERVICES IS AT YOUR SOLE RISK.
OFFKAT DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE OFFKAT Platform
AND/OR THE OFFKAT SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE
OFFKAT Platform OR THE OFFKAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE OFFKAT Platform OR THE OFFKAT SERVICES ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OFFKAT, ITS AFFIALIATES (INCLUDING PRODUCT SPONSORS) ARE NOT RESPONSIBLE FOR AND MAKE
NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER OR THIRD-PARTY CONTENT POSTED ON,
THROUGH OR IN CONNECTION WITH THE OFFKAT Platform OR OFFKAT SERVICES, INCLUDING,
WITHOUT LIMITATION, ANY PRIZES OFFERED BY OFFKAT, AND ANY CONTENT THAT IS
UNAUTHORIZED OR VIOLATES THE AGREEMENT, AND SUCH CONTENT DOES NOT NECESSARILY
REFLECT THE OPINIONS OR POLICIES OF OFFKAT. UNDER NO CIRCUMSTANCES SHALL OFFKAT BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY
OR DEATH, RESULTING FROM USE OF THE OFFKAT Platform OR OFFKAT SERVICES, FROM ANY
CONTENT POSTED ON THE OFFKAT Platform (WHETHER SUCH CONTENT VIOLATES THE TERMS OF
SERVICE, PRIVACY POLICY, OR NOT), FROM ANY SERVICE OFFERED THROUGH THE OFFKAT Platform
OR THE OFFKAT SERVICES OR FROM THE CONDUCT OF ANY USER OF THE OFFKAT Platform OR ANY
USER OF ANY LINKED OFFKAT Platform (REGARDLESS OF WHETHER SUCH CONDUCT VIOLATES THE
TERMS OF SERVICE OR PRIVACY POLICY, OR WHETHER SUCH CONDUCT IS ONLINE OR OFFLINE).
OFFKAT ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE OFFKAT SERVICES OR ANY
OF YOUR COMMUNICATIONS ON OR THROUGH THE OFFKAT Platform. IF YOU ARE IN ANY WAY
DISSATISFIED WITH THE OFFKAT Platform, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF
THE OFFKAT Platform AND OFFKAT SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OFFKAT, ITS AFFIALIATES (INCLUDING PRODUCT
SPONSORS) DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR
USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING OR USING THE
SERVICES, YOU AGREE THAT OFFKAT AND ITS AFFILIATES (INCLUDING PRODUCT SPONSOR) SHALL
NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY
IDENTIFIABLE INFORMATION.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing
disclaimer may not apply to you.
6. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OFFKAT, ITS AFFILIATES, SHAREHOLDERS, LICENSORS,
SUPPLIERS, ADVERTISERS, SPONSORS AND OTHER BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED
PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT
LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR
OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF
DATA OR LOST PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE
OFFKAT Platform AND/OR THE OFFKAT SERVICES, EVEN IF OFFKAT AND/OR RELATED PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OFFKAT IS NOT LIABLE FOR ANY INTERRUPTION
OF SERVICE OF THE CLIENT GAMES. OFFKAT AND/OR THE RELATED PARTIES ARE NOT LIABLE FOR ANY
ACTIONS OF OFFKAT OR THEIR FAILURE TO DISTRIBUTE PRIZES. WITHOUT LIMITING THE FOREGOING, IN
NO CASE SHALL THE LIABILITY OF OFFKAT OR ANY OF THE RELATED PARTIES, NOR ITS OR THEIR
DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, EXCEED THE
GREATER OF THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS
PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE AND $100 USD.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, the liability of OFFKAT and its
affiliates shall be limited to the fullest extent permitted by law.
7. MISCELLANEOUS
a. Governing Law. The Agreement and any claims relating to its subject matter, without regard to
principles of conflict of laws, shall be governed by and construed under the laws of New York,
without reference to its conflicts of law principles. All disputes will be subject to the exclusive
jurisdiction of the courts located in New York, New York. This Agreement shall not be governed
by the United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly disclaimed. No party shall make a motion to dismiss or transfer
any case filed in accordance with this subsection on the basis of improper venue, personal
jurisdiction, or of the convenience of any party or witness.
b. Waiver Of Class-Wide Proceedings. You agree that, by entering into these Terms of Use, you
and we are each waiving the right to participate in a class action or class arbitration. Each party
to these Terms of Use agrees and covenants that it will not initiate any class-wide proceedings,
including class actions or class arbitrations, against another party, and will not act as a class
representative or class member. This provision constitutes an agreement that any Claim will be
resolved exclusively on a bilateral basis between the parties, with each party acting in his/her/its
individual capacity. Further, unless both parties agree otherwise, the arbitrator may not
consolidate more than one person’s claims and may not otherwise preside over any form of a
representative or class proceeding. The arbitrator may award relief only in favor of the
individual party seeking relief and only to the extent necessary to provide relief warranted by
that party’s individual claim. If for any reason the prohibition on class arbitration in this
subsection is not or cannot be enforced, then the agreement to arbitrate will not apply.
c. Disputes. Any dispute relating in any way to your visit to the OFFKAT Platform, use of the
OFFKAT Services or otherwise relating to your OFFKAT Account, will be finally settled by binding
arbitration under the jurisdiction of the courts located in New York, New York (“Rules”) (which
Rules are deemed to be incorporated by reference into these Official Contest Rules) by one
arbitrator, appointed in accordance with the Rules, the arbitration will take place in New York
and the language of the arbitration will be English, except that, to the extent you have acted in
any manner or refrained from acting in a manner that, in OFFKAT’s sole opinion, infringes
OFFKAT’s rights, such as where you have violated or threatened to violate OFFKAT’s intellectual
property rights or which has, or is likely to, affect adversely, OFFKAT, the OFFKAT Services or the
OFFKAT Platform or the rights of a third party. OFFKAT shall have the right to seek injunctive or
other appropriate relief in the courts of the State of New York, and you consent to exclusive
jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no
arbitration under these Official Contest Rules shall be joined to an arbitration involving any
other party subject to these Official Contest Rules, whether through class arbitration
proceedings or otherwise.
d. Entire Agreement. These Official Contest Rules and other legal notices published by OFFKAT on
the OFFKAT Platform applicable to an activity you engage in shall constitute the entire
agreement between you and OFFKAT concerning the OFFKAT Platform and OFFKAT Services.
e. Severability. If any of the provisions of these Official Contest Rules shall be deemed invalid,
void, or for any reason unenforceable, that provision shall be deemed severable and shall not
affect the validity and enforceability of any of the remaining provisions of these Official Contest
Rules, which shall continue in full force and effect.
f. Waiver. No waiver shall be deemed a further or continuing waiver, and OFFKAT’s failure to
assert any right under these Official Contest Rules shall not constitute a waiver of such right. You
agree that any cause of action arising out of or relating to the OFFKAT Platform must commence
within one (1) year after the cause of action arises, and otherwise, the maximum extent
permitted by the relevant laws, is permanently barred.
g. Obligation Disclaimer. OFFKAT has no obligation to check whether users are using the OFFKAT
Platform and OFFKAT Services in accordance with this Agreement or any other agreement.
Under no circumstances shall OFFKAT be obligated to investigate or pursue any complaints
made by a user against any other user using the OFFKAT Platform or OFFKAT Services or to take
any other action in connection therewith or take any action against a user for any reason,
including without limitation, for violating the terms of this Agreement. OFFKAT may, in its sole
discretion, decide to take appropriate action against any person it suspects to be engaging in
any unlawful activity or otherwise violating the terms of this Agreement, but is under no
obligation to do so.
You will not be entitled to a refund from the Company for any sums you believe to be owed to
you as a result of any other user’s misconduct, unlawful behavior or otherwise, whether or not
the Company pursues any action against such user. It is Your sole responsibility to resolve such
issues without involving OFFKAT.
h. Assignment. You may not, or seek to, assign, or transfer your rights and/or obligations in
respect of these Official Contest Rules, but OFFKAT may assign the Official Contest Rules without
restriction.
i. Indemnification. You agree to indemnify, hold harmless and defend OFFKAT and its affiliates,
licensors, suppliers, advertisers, network service providers, and business partners and their
respective directors, officers, employees, consultants, agents and other representatives, at your
expense, against any and all claims, actions, proceedings, and suits and all related liabilities,
damages, settlements, penalties, fines, losses, costs and expenses (including, without limitation,
attorneys’ fees and other dispute resolution expenses) incurred by OFFKAT, directly or
indirectly, arising out of or relating to your (a) violation or breach of any term of these Rules,
Terms of Use or any policy or guidelines referenced herein, including any unauthorized
disclosure of personal or confidential information, (b) use or misuse of the Services, (c) any
allegation that any user content or other materials you submit to us or transmit to, through or in
the Services infringe or otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party, and/or (d) termination of your access to
the Services.
j. Links To Third Party Websites. The OFFKAT Platform may contain links to third-party websites.
You acknowledge and agree that OFFKAT does not control such websites and is not responsible
for their contents or policies, and that the links are provided for convenience and do not
represent an endorsement by OFFKAT of the third-party websites. If you access such websites
via the links, you do so at your own risk.
k. Rights Of Third Parties. A person who is not a party to these Official Contest Rules has no right
under the Contracts (Rights of Third Parties) Act to rely upon or enforce any term of these
Official Contest Rules.
l. No Agency. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee
relationship is intended or created by this Agreement.