The following policy (“Student Events Policy”) applies in conjunction with the Commercial Terms.
If you choose to create or administer a contest, scholarship, sweepstakes, incentivised promotion, or any other similar activity (“Student Events”), you are responsible for the lawful operation of such Student Events, including:
- Providing the official rules and/or guidelines;
- Providing offer terms and eligibility requirements (including but not limited to age, location, prize, and time restrictions);
- You must ensure that the Student Events are only made eligible to individuals with verified UNiDAYS student accounts and that have reached the age of capacity in the relevant jurisdiction;
- The fulfillment of prize delivery, unless otherwise specified in an Order;
- Clear and conspicuous disclosure of any additional costs or actions associated with a Student Event; and
- Compliance with applicable laws, rules, and regulations related to the Student Event and all prizes offered, including but not limited to registration, taxes, bond requirements, obtaining release and identification documents from the winning entrants, and obtaining necessary regulatory approvals.
UNiDAYS reserves the right to cancel, modify, or suspend any Student Event for any reason.
Student Events must include:
- A complete release of UNiDAYS by each entrant or participant (see Note 1 below);
- An acknowledgment that the promotion is in no way sponsored, endorsed, administered by or associated with UNiDAYS unless otherwise agreed in an Order;
- Acknowledgment that tax consequences are the entrant or winner’s sole responsibility;
- An affidavit to be filled out by the winner of the Student Event and notarized by a notary public evidencing the winner’s (i) understanding of potential tax consequences, (ii) restatement of agreement to release UNiDAYS from and all liabilities; and (iii) agreement to allow UNiDAYS to publicize the winner on UNiDAYS’ channels; and
- Your (i) complete release and (ii) agreement to identify and hold harmless UNiDAYS from your Student Events and all related liabilities.
- Complete release: By creating and/or administering a Student Event, you agree to release and discharge UNiDAYS and its parent, subsidiary, and affiliated entities, and each of its respective officers, directors, members shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “UNiDAYS Entities”), from any and all liability whatsoever in connection with the Student Event, including without limitation legal claims, taxes, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, or loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”).
- Indemnity: Additionally, you agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the UNiDAYS Entities in any action or proceeding and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, tax issues, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses, and attorney fees that they or anyone on the any third party’s behalf (including but not limited to a third party’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to the Student Event. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the UNiDAYS Entities.
Student Events Prohibitions:
- You must always comply with applicable data privacy laws;
- You may be provided entrants’ information to fulfill the Student Event and may not use such information for any reason other than fulfillment of the Student Event (you must not otherwise collect entrants’, participants’, or users' content or personal information, including without limitation name, phone number, email address, address, device information, geographic information, or any other direct or indirect identifying information);
- For Student Events in the United States or Student Events that include participants in the United States, you must not offer any prize with an individual value of more than $599.99 per winner;
- You must not access Our Platform or Services using any automated or technical means (including but not limited to bots, robots, spiders, or scrapers) without explicit, written permission from UNiDAYS for each specified use;
- You must not post or provide any Content that you do not own or that you do not have the explicit ownership rights or valid license to use;
- You must not facilitate or promote any unlawful, immoral, or other prohibited activity (as described in Our Acceptable Ad Policy), including but not limited to violence, gambling, alcohol, and discriminatory behavior;
- You must not facilitate or promote any fraudulent, deceptive, or otherwise misleading information; and
- If a Student Event requires an entrant to submit an entry that requires more than an extremely basic form or entry method, you may not choose a winner at random. For example, if you require an entrant to write an essay, post a video, or submit any content in order to enter the Student Event, then such a Student Event would require you to select a winner based upon clear and objectively fair selection criteria and disclose such selection/judgment criteria within the rules of the Student Event.
We may modify or update this Student Events Policy from time to time, including to accurately reflect the access or uses of Our Platform and Services for business or commercial purposes. We encourage you to check regularly for any updates. By continuing any access or use of any UNiDAYS Platform and Services for business or commercial purposes after any notice of an update to this Student Events Policy, you agree to be bound by such updated terms. Any updates or modifications will not apply retroactively and will become effective once they are posted by Us. If you do not agree to the updated terms, you must stop all access or use of Our Platform and Services for business or commercial purposes.
Note 1: The entrant or participant release should be substantially similar to the text below:
If you have agreed to the Commercial Terms with UNiDAYS Inc.:
By entering the Student Event, each entrant releases and discharges UNiDAYS, Inc. and (”UNiDAYS”), and UNiDAYS’ parent, subsidiary, and affiliated entities, and each of UNiDAYS’ respective officers, directors, members shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “UNiDAYS Entities”), from any and all liability whatsoever in connection with the Student Event, including without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, or loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) by accepting the prize, the winner may be required to, without further compensation, allow his or her name, age, school enrolled in, image and town, county or region of residence, and entry to be used for editorial, advertising and publicity purposes by UNiDAYS (except if you are a resident of Tennessee or as otherwise prohibited by applicable laws); (ii) acceptance of a prize constitutes a release by any winner of the UNiDAYS Entities of any and all Claims in connection with the administration of this Student Event and the use, misuse, or possession of any prize; and (iii) any potential winner may be required to sign an Affidavit of Eligibility (including social security number or national insurance number (or other equivalent information in any jurisdiction)) and a liability/publicity release. Affidavits and releases must be returned within five (5) days from the date that [insert your business entity] first tries to notify the potential winner.
All federal, state and/or local income and other taxes, if any, and the reporting consequences thereof, for any other fees or costs associated with the applicable prize(s), and for any other liabilities incurred in connection with any prize, are the entrant and/or winner’s sole responsibility.
Entries are subject to a worldwide, non-exclusive, transferable, perpetual, irrevocable license for any and all rights in all media now known or hereinafter invented that is granted to the UNiDAYS Entities.
The entrants are aware that the Student Event is not authorized, sponsored or otherwise approved by any UNiDAYS Entities, Apple Inc, Google LLC or anyone other than [insert your business entity].
If you have agreed to the Commercial Terms with Myunidays Limited:
By entering the Student Event, each entrant releases and discharges Myunidays Limited (”UNiDAYS”), and UNiDAYS’ parent, subsidiary, and affiliated entities, and each of UNiDAYS’ respective officers, directors, members shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “UNiDAYS Entities”), from any and all liability whatsoever in connection with the Student Event, including without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (except for such liabilities which cannot be excluded or limited by law) (collectively, “Claims”). Except where prohibited: (i) by accepting the prize, the winner may be asked for his or her permission, without further compensation, to allow his or her name, age, school enrolled in, image and town, county or region of residence, and entry to be used for editorial, advertising and publicity purposes by UNiDAYS (except if otherwise prohibited by applicable laws); (ii) acceptance of a prize constitutes a release by any winner of the UNiDAYS Entities of any and all Claims in connection with the administration of this Student Event and the use, misuse, or possession of any prize; and (iii) any potential winner may be required to sign an Affidavit of Eligibility (including social security number or national insurance number (or other equivalent information in any jurisdiction)) and a liability/publicity release. Affidavits and releases must be returned within five (5) days from the date that the [insert your business entity] first tries to notify the potential winner.
All tax consequences and income-related issues, if any, and the reporting consequences thereof, for any other fees or costs associated with the applicable prize(s), and for any other liabilities incurred in connection with any prize, are the entrant and/or winner’s sole responsibility.
Entries are subject to a worldwide, non-exclusive, transferable, perpetual, irrevocable license for any and all rights in all media now known or hereinafter invented that is granted to the UNiDAYS Entities.
The contestants are aware that the Student Event is not authorized, sponsored or otherwise approved by any UNiDAYS Entities, Apple Inc, Google LLC or anyone other than [insert your business entity].
Effective date: 21 April 2020