CONTEST GENERAL TERMS AND CONDITIONS
The contest“refered to herein (”Contest”) is offered by LUNA CULTIVATION (hereinafter refered to as “Luna Cultivation”) to residents of countries where such contests are allowed by the laws of those countries. By entering the Contest, you accept sole responsibility for determining whether your participation is legal in any jurisdiction that applies to you. To be eligible to participate at the Contest, the participants (“Participants”) must be of the age of majority in their jurisdiction of residence and must have an active email account and Internet access at the time of entry Employees and directors of Luna Cultivation, its advertising and promotion agencies, the Contest judges and its legal advisors, and the immediate family (parent, child, sibling and spouse of each) or members of the households of such employees and directors (those who have lived in the same household for at least three of the 12 months preceding the applicable Contest Period) are not eligible. By entering, you agree to these “CONTEST GENERAL TERMS AND CONDITIONS” and that the decisions of Luna Cultivation are final and binding in all respects.
Void where prohibited or restricted by law.
2. CONTEST PERIOD
Luna Cultivation may have multiple Contests running simultaneously. Each Contest has an individual begin and end time, which will be shown on each Contest’s separate page.
Upon Luna Cultivation acceptance of your order and in consideration of the payment of the fee by you and receipt of the corresponding payment by Luna Cultivation, Luna Cultivation grants you the limited, non-exclusive, non-transferable right to use Luna Cultivation Product that you ordered solely for your internal business operations and subject to the terms of this agreement, including the order and the product documentation. You may allow your Users to use the Luna Cultivation Products for this purpose and you are responsible for their compliance with this agreement in such use.
Entrants shall provide full name, email address, and any other requested fields, and follow the other instructions given by Luna Cultivation. Participants may not enter with multiple emails and/or multiple identities nor may entrants use any automated entry mechanism or artifice to obtain more than the maximum number of entries. Any entrant who attempts to participate with multiple emails and/or multiple identities or uses any device or artifice to obtain more than the maximum number of entries will be disqualified.
Luna Cultivation will notify the winners via email.
4. GENERAL CONDITIONS
Luna Cultivation reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or the Website; to be in violation of the User Agreement of the Website; to be acting in violation of these Official Rules; to be acting in a unethical or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, as determined by Luna Cultivation at its sole discretion.
Any use of cartel, robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods and persons using any such methods will be disqualified.
If for any reason this Contest is not capable of being conducted as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Luna Cultivation, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Luna Cultivation reserves the right to cancel, terminate, modify or suspend the Contest. If the Contest is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on Luna Cultivation Contest landing page.
ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, LUNA CULTIVATION RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM THOSE RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.
5. LIMITATIONS OF LIABILITY
LUNA CULTIVATION IS NOT RESPONSIBLE FOR LATE, LOST, ILLEGIBLE, MISDIRECTED ENTRIES, AND LUNA CULTIVATION DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ITS WEBSITES. LUNA CULTIVATION IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR TELEPHONE LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR ENTRY TO BE RECEIVED BY LUNA CULTIVATION ON ACCOUNT OF TECHNICAL PROBLEMS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF.
LUNA CULTIVATION IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR THE FAILURE TO CAPTURE SUCH INFORMATION, WHETHER CAUSED BY WEBSITE USERS, TAMPERING OR HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST. LUNA CULTIVATION IS NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANTS’ OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS CONTEST OR DOWNLOADING MATERIALS FROM OR USE OF THE WEBSITE.
IN NO EVENT WILL LUNA CULTIVATION , ITS DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, VENDORS, ADVERTISING AGENCIES AND CONTEST AGENCIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS CONTEST, ACCESS TO AND USE OF THE WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND IN THIS CONTEST IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
6. LAWS, JURISDICTION AND DISPUTES
The present Terms and Conditions are governed by the applicable laws and venue from Luna Cultivation headquarter. In case any of the clauses will be declared void, the other clauses won’t be affected and will continue to be valid and applicable within the limits of the Law. In the event of a dispute as to the identity of any winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e- mail addresses for the domain associated with the submitted e-mail address.
7. ALTERNATIVES OF THE PRIZES
The winner may not opt for receiving the value of the prize in cash or other objects, nor may he/she request changes to the technical characteristics of the prize.
The prize awarded, as established on the website, will be sent directly to the address used on the submission form.
8. TAXES AND DUTIES
Luna Cultivation of the campaign is not responsible for payment of the duties, taxes or other financial obligations related to the prizes awarded, which are in charge of the winning natural or legal persons.
9. TERMS AND CONDITIONS OF THE CONTEST
The Terms and Conditions for participation / progress is available, free of charge, to any applicant (and / or participant) on the Contest’s landing page and at the headquarters of LUNA CULTIVATION.
10. FORCE MAJEURE
Force Majeure means any event which cannot be controlled, corrected or foreseen by the Luna Cultivation, including the impossibility of the Luna Cultivation, for reasons beyond its control and the appearance of which makes the latter unable to meet the obligations undertaken by these Terms and Conditions.
If the above situation occurs or another force Majeure event occurs which prevents or delays totally or partially the implementation of the Terms and Conditions or the continuation of the contest, Luna Cultivation will be exonerated of the responsibility for meeting its obligations for the period in which this will fulfilment is prevented or delayed under law.
If Luna Cultivation invokes the force Majeure, it must notify the participants to the contest its existence, within 5 working days from the occurrence of the force majeure event. Force majeure event will be communicated on the website of Luna Cultivation.
11. CESSATION OF THE CONTEST
Luna Cultivation may send you legal notices and other communications about the Luna Cultivation Product and subscription Services (“Communications”). Luna Cultivation will send Communications via in-product notices or via email to the primary user’s registered email address, or will post Communications on its Sites. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on Sites.
Luna Cultivation and its affiliates and partners will only send marketing information by e-mail or other electronic means to those users who have given their express consent to receiving communication concerning Luna Cultivation products or services or newsletters.
12. PROTECTION OF PERSONAL DATA
Participation in the campaign involves the participants express acceptance that their personal data to be stored and processed by Luna Cultivation.
13. LEGAL BASIS
These Terms and Conditions is in accordance with the provisions of national laws on the marketing of goods and services, and the laws for the protection of persons concerning the processing of personal data and free circulation of such data.
Complaints with respect to the prizes won made after the signing of the delivery-receipt report of the awards will not be considered and will not be the liability of the Luna Cultivation.
If case of attempts or fraud of the system, abuse or acts of nature to affect the image of the Luna Cultivation, the latter reserves the right to take all necessary measures to remedy the situation occurred.
Luna Cultivation assumes no liability for any facts that determine the impossibility of validation of a winner and resumption of the extraction until the validation of another winner, such as the impossibility of notification in writing of the winner caused by the change of the e-mail address of the participant or non-receipt, by his/her failure to read the correspondence, etc.. Luna Cultivation shall take all measures necessary to carry out the competition in normal conditions as above, but it assumes no responsibility for any complaints, appeals of participants which do not cover breaches of the legal framework in force.