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Instagram Follower Prize Draw: Competition Terms

TO ENTER IN THIS PRIZE DRAW (DEFINED BELOW) YOU MUST HAVE A SOCIAL MEDIA ACCOUNT AND INTERNET CONNECTION. ENTRY VIA SOCIAL MEDIA ACCOUNT ONLY. PRIZE WINNERS MUST HAVE A MODE ACCOUNT.

BY ENTERING THE PRIZE DRAW, YOU AGREE TO THESE RULES (THE OFFICIAL RULES), WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. THIS CONTRACT INCLUDES A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. The promoter

The promoter is Fibermode Limited (Mode) of Finsgate, 5-7 Cranwood Street, London, United Kingdom, EC1V 9EE.

2. The competition and how to enter

2.1 The title of the competition is the IG Follower Competition Prize Draw (the Prize Draw).

2.2 The following terms shall apply to this Prize Draw:

  1. Prize: Bitcoin to the value of £500.
  2. Prize Period: 12 p.m on 13/07/2021 until 12 p.m. on 20/07/2021.
  3. Number of Prize Winners: There will be 1 (one) Prize Winners for this Prize Draw.

2.3 Instructions:  Individuals who are eligible to enter the Prize Draw in accordance with these Official Rules (Entrants) must follow the instructions provided on the official Mode account via Facebook, Twitter or Instagram which are subject to these Official Rules (an Entry).

2.4 All entries to the Prize Draw received outside of the Prize Period are automatically disqualified. To participate and enter this Prize Draw, you will need a Facebook, Twitter or Instagram account (Social Media Account). Access to the internet is required to utilise these accounts and services.

  1. If you don’t already have a Facebook account, visit www.facebook.com to create one; creating a Facebook account is free. By submitting your information and creating a Facebook account, you will be required to agree to the Facebook terms of service and privacy notice. If you do not agree to Facebook’s terms of service and privacy notice, you cannot create a Facebook account.
  2. If you don’t already have a Twitter account, visit www.Twitter.com to create one; creating a Twitter account is free. By submitting your information and creating a Twitter account, you will be required to agree to the Twitter terms of service and privacy notice. If you do not agree to Twitter’s terms of service and privacy notice, you cannot create a Twitter account.
  3. If you don’t already have an Instagram account, visit www.Instagram.com to create one; creating an Instagram account is free. By submitting your information and creating an Instagram account, you will be required to agree to the Instagram terms of service and privacy notice. If you do not agree to Instagram’s terms of service and privacy notice, you cannot create an Instagram account.

2.5 For purposes of this Prize Draw, only Entries that are recorded through Facebook’s, Twitter’s or Instagram’s servers will be considered. Other proof of submitting an Entry (such as a printed or copied screenshot or message) does not constitute proof of actual receipt of the Entry for purposes of this Prize Draw.

2.6 NOTE ABOUT FACEBOOK, TWITTER AND INSTAGRAM: Mode is not responsible for any changes or unavailability of any of the Facebook, Twitter or Instagram services that may interfere with the Prize Draw (including any limitations, any restrictions, or any conditions on Mode’s ability to use Facebook, Twitter or Instagram for the Prize Draw as set forth herein that are not acceptable to Mode) or ability of Entrant to timely enter, receive notices or communicate with Mode via Facebook, Twitter or Instagram, in which case Mode, in its sole discretion, may terminate or modify the Prize Draw. It is a potential Prize Winner’s responsibility to set his/her Social Media Account as applicable, to accept contacts by Mode and to timely check such account(s) for any Mode direct messages.

2.7 By submitting an entry to the Prize Draw, you are agreeing to be bound by these Official Rules.

2.8 Please see www.modeapp.com/competition-terms for a copy of these Official Rules.

3. Eligibility

3.1 The Prize Draw is only open to all residents in the UK aged 18 years or over and eligible to open a Mode Account, except:

  1. employees of Mode or its holding or subsidiary companies;
  2. employees of agents or suppliers of Mode or its holding or subsidiary companies, who are professionally connected with the Prize Draw or its administration; or
  3. members of the immediate families (spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including step as they may apply)) or households of (a) and (b) above,

3.2 In entering the Prize Draw, you confirm that you are eligible to do so and eligible to claim any prize you may win. Mode may require you to provide proof that you are eligible to enter the Prize Draw.

3.3 Mode may not receive entries from users with protected or private updates on their Social Media Accounts (i.e., user has set their Social Media Account or so that only people the user has approved can view updates) due to the way Facebook, Twitter and Instagram each operates its services. Posts from a user’s Social Media Account which are not received by Mode will not be entered into the Prize Draw. Multiple Entrants are not permitted to share the same Social Media Account(s). Attempts made by an individual to submit Entries in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. Entries that are generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity or group, or originating at any website other than as set forth specifically above, including, without limitation, through commercial sweepstakes subscription notification or entering services, will be declared invalid and disqualified for this Prize Draw.

3.4 There is a limit of one entry per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.

3.5 Mode reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the Prize Draw. Mode may also disqualify entries if the Entry and related comments or tags include inappropriate, offensive, or other derogatory language or information. Mode reserves the right to remove, reject, or disqualify (along with the Entrants who submitted them) any Entry or related comments or tags which, in its opinion, (a) violates any of these Official Rules, the terms of service and privacy policy of Twitter or Mode, (b) infringes, misappropriates, or violates any rights of any third party including, without limitation, patent, copyright, trademark, trade secret, or right of privacy or publicity, or (c) is otherwise inappropriate for inclusion in the Prize Draw.

4. The Prize Winners

4.1 An Entrant shall be chosen at random to win a Prize (a Prize Winner).  The Prize Winner(s) shall receive their Prize as a deposit of Bitcoin into their Mode Account. If you are a Prize Winner and don’t already have a Mode Account, visit www.modeapp.com or visit your App Store, download Mode app and create a Mode account for yourself. It is free to download Mode app and create an account (including providing any requested “know-your-customer” information). You will be required to agree to Mode’s terms of service and privacy notice. If you do not agree to these, you cannot create a Mode Account and you will not be able to receive your Prize.

4.2 A Prize is not negotiable or transferable. A Prize is only available in Bitcoin and cannot be received by a Prize Winner in an alternate currency. If a Prize Winner does not open a Mode Account, within 1 days of being notified of their Prize, their Prize may be reallocated to another Entrant.

4.3 The decision of Mode is final and no correspondence or discussion will be entered into.

4.4 The Prize Winners will be notified by receiving a direct message from Mode to their Social Media Account with a request for their full name, Mode Account number and address (a Winner Notification). Once the Prize Winner provides such information to Mode and Mode has verified this information, the Prize Winner will receive the Prize in their Mode Account (normally within 24 hours).

4.5 Mode must either publish or make available information that indicates that a valid award took place. To comply with this obligation Mode will send the surname and county of the Prize Winners and, if applicable copies of their winning entries, to anyone who emails competition@modeapp.com within one month after the Closing Date of the Prize Draw.

4.6 If you object to any or all of your surname, county and winning entry being published or made available, please contact Mode on competition@modeapp.com. In such circumstances, Mode must still provide the information and winning entry to the Advertising Standards Authority on request.

5. Claiming the Prize

5.1 The Prize may not be claimed by a third party on your behalf.

5.2 If any Winner Notification or other Prize Draw communication is rejected or returned as undeliverable; if a potential Winner cannot be reached after a reasonable attempt has been made by Mode (as determined by Mode in its sole discretion); if a Winner cannot attend or participate in any portion of the applicable Prize; or if the potential Winner fails to respond to a Winner Notification within the time periods set out herein, the relevant Prize will be forfeited in Mode’s sole discretion and an alternate winner may be selected (time permitting) based on the original method of winner selection in Mode’s sole discretion. Mode may only look to five (5) alternate winners for the applicable Prize, at which point the applicable Prize may be deemed unclaimed and Mode will have no further obligation with respect to such Prize. Mode reserves the right to modify the notification procedures in connection with the selection of any alternate potential Winner. If legitimately claimed in compliance with these Official Rules, the Prize will be awarded. To claim a Prize, a Winner must follow the directions in his or her Winner Notification.

5.3 Mode does not accept any responsibility if you are not able to take up a Prize.

5.4 All Prize details not specified in these Official Rules will be determined in Mode’s sole discretion. Mode is not responsible for and will not replace any lost or stolen Prize or any Prize that is undeliverable or does not reach the Prize Winner because of incorrect or changed contact information. If the Prize Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Mode will have no further obligation with respect to that Prize or portion of the Prize. Mode is not responsible for any inability of the Prize Winner to accept or use any Prize (or portion thereof) for any reason. No transfers or prize substitutions will be made, except at Mode’s sole discretion. No more than the stated prizes will be awarded. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption or travel to claim or use a Prize and any liability and publicity which might arise from claiming, seeking to claim, or using a Prize.

6. Ownership of Prize Draw entries and intellectual property rights

You agree that Mode may, but is not required to, make your entry available on its website www.modeapp.com/competition-winners and any other media, whether now known or invented in the future, and in connection with any publicity of the Prize Draw. You agree to grant Mode a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the entry to the Prize Draw and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the entry to the Prize Draw and any accompanying materials for such purposes.

7. Limitation of liability

Insofar as is permitted by law, Mode, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss or damage, occurring as a result of an Entry or taking up the prize, except where it is caused by the negligence of Mode, its agents or distributors or that of their employees. Your statutory rights are not affected.

8. Data Protection and publicity

Mode will only process your personal information as set out in its online privacy policy https://modeapp.com/privacy-policy. See also condition 6, with regard to the announcement of winners.

9. General

9.1 If there is any reason to believe that there has been a breach of these terms and conditions, Mode may, at its sole discretion, reserve the right to exclude you from participating in the Prize Draw.

9.2 Without limiting any other provision in these Official Rules, Mode is not responsible or liable to any Entrant or Prize Winner or any person claiming through such Entrant or Prize Winner for failure to supply the prize or any part thereof in the event that any of the Prize Draw activities or Mode’s operations or activities are affected, as determined by Mode in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labour dispute or strike labour or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.

9.3 Mode reserves the right to hold void, suspend, cancel, or amend the Prize Draw where it becomes necessary to do so. Mode’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Mode’s decisions will be final in all matters relating to the Prize Draw.

9.4 Entrants waive any right to claim ambiguity in the Prize Draw or these Official Rules. If Mode determines at any time in its sole discretion that Entrant is disqualified, ineligible, or in violation of these Official Rules, or engaging in behaviour that Mode deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Mode reserves the right in its sole discretion to select an alternate winner.

9.5 The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.

9.6 In the event of a dispute concerning who submitted an Entry, the participant will be declared to be the registered account holder of the Social Media Account as applicable, of record for the account submitting an Entry during the Prize Draw Period, but only if that person meets all other eligibility criteria, otherwise the Entry may be disqualified and any potential Prize won will be forfeited in Mode’s sole discretion. Each potential Prize Winner may be required to provide Mode with proof that he or she is the authorized account holder. If a dispute cannot be resolved to Mode’s satisfaction, the Entry and individual(s) may be deemed ineligible in Mode’s sole discretion.

9.7 These terms and conditions shall be governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.