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.