Modak Communities Operating Holdings Inc.
Survey Terms and Conditions
Effective Date: October 2, 2024
1. Introduction
These terms and conditions govern your participation in our internal survey campaign designed to improve our services and understand customer satisfaction and opinions. By accessing and using our services, including participating in this survey, you agree to abide by these terms and conditions. Please read them carefully. If you do not agree with any part of these terms, we kindly ask that you refrain from participating in the survey.
2. Eligibility:
- Age Requirement: Participants must be parents within the age range of above 18 years old at the time of entry. Proof of age may be required upon request.
- Geolocalization: The Promotion is only open to legal residents of United States and is void where prohibited by law. Employees of Modak (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
3. How to participate:
The entry must fulfill all Promotion requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Modak.
- Voluntary Participation: Participation in the survey is voluntary. You may choose to skip any question or stop the survey at any time.
- Conduct: We encourage participants to provide honest and thoughtful feedback. Please note that any inappropriate or offensive responses may be excluded from our analysis to maintain a respectful environment
- Raffle Entry: By completing the survey, the participant will be automatically entered into a raffle for a chance to win a $50 prize. No purchase is necessary to participate, and the odds of winning depend on the total number of entries received.
- Winner Selection: The winner will be selected at random from all eligible survey participants. The raffle win be run through Google Sheets
4. Limits/exceptions:
- Age Limitation: Participation in the internal survey campaign is restricted to individuals 18 years old.
- Entry Limit: Each participant is limited to one survey submission. Multiple submissions by the same individual will not be accepted or counted. We reserve the right to disqualify any entries that violate this rule. Participation is subject to verification of eligibility and compliance with these terms.
5. Promotion Period:
The internal survey campaign will be active and open for participation from October 2, 2024, until further notice. The raffle will continue to run until a future date is announced, as there is no set end date yet.
Please note that entries submitted outside of this promotion period will not be considered eligible for participation in the campaign.
6. Prize:
Winner of the raffle who apply for the promotion/campaign will receive $50 which will be credited to the parent account balance within 72 hours of the winner's announcement. Actual/appraised value may differ at the time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of the prize constitutes permission for Modak to use the winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Please note that prizes will be issued within 3 business days after the announcement.
7. Odds:
The odds of winning depend on the number of eligible entries received as well as whether the campaign is structured to distribute the reward to all participants who meet the specified requirements.
8. Winner Notification
Winners of the Promotion will be selected in a random drawing under the supervision of the Sponsor using Google sheets on October 15, 2024. . Winners will be notified via email to the email address they entered the Promotion with within 72 hours following the winner selection. Modak shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 72 hours from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.
The receipt by winner of the prize offered in this Promotion is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE PROMOTION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
9. Rights Granted by you:
By entering this content you understand that Modak, anyone acting on behalf of Modak, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Promotion, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
8. Liability and Disputes
By entering, you agree to release and hold harmless Modak and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the Promotion and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
- Limitation of Liability: Modak shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your participation in internal survey campaign, including but not limited to, prizes, rewards, or any use of or inability to use our services.
- Dispute Resolution: We strive to ensure that participating in internal survey campaign is a positive experience for all involved. In the unlikely event that a dispute arises, we encourage open communication and cooperation to resolve.
THIS PROMOTION IS GOVERNED BY THE LAWS OF THE USA AND DELAWARE, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Delaware having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
- Informal Resolution: We believe in resolving disputes amicably and encourage you to first reach out to us directly to discuss any concerns or issues you may have. Our team is here to listen and work with you to find a satisfactory solution.
- Arbitration: If a resolution cannot be reached informally, any disputes, claims, or controversies arising from or related to the internal survey campaign shall be resolved through binding arbitration. The arbitration will be administered by a mutually agreed-upon arbitration provider. We believe arbitration offers a fair and efficient way to resolve disputes outside of the courtroom.
- Fair Process: The arbitration will be conducted in accordance with the rules and procedures of the chosen arbitration provider. We assure you that the process will be fair and transparent, and the decision of the arbitrator will be final and binding on all parties involved.
- Costs: Each party shall bear its own costs associated with the arbitration proceedings. We understand that legal proceedings can be daunting, and we strive to minimize any financial burden on all parties involved.
- Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of Delaware, US, without regard to its conflict of law principles.
- Jurisdiction: Any legal action or proceeding arising out of or relating to these terms and conditions or internal survey campaign shall be brought exclusively in the courts of Delaware, US, and you hereby consent to the jurisdiction of such courts.
9. Privacy and Security
At Modak, we take the privacy and security of your information seriously. We are committed to protecting your data and ensuring that it is handled responsibly and securely.
- Collection of Information: We collect certain personal information from you when you participate in internal survey campaign to facilitate your participation and administer the campaign effectively. This may include information such as your name, email address, and transaction details. Rest assured, we only collect information that is necessary for the campaign and in accordance with our Privacy Policy.
- Use of Information: The information collected from you may be used to communicate with you regarding the campaign, notify you of any updates or changes, and facilitate the distribution of prizes or rewards. We may also aggregate and analyze data for statistical purposes to improve our services and offerings.
- Security Measures: We have implemented robust security measures to safeguard your personal information from unauthorized access, disclosure, alteration, or destruction. These measures include encryption, firewalls, secure data storage, and regular security audits. We continually review and update our security practices to ensure they meet the highest standards.
- Third-Party Partners: In some cases, we may engage third-party service providers to assist us in administering the campaign or providing certain services. These service providers are bound by strict confidentiality agreements and are only authorized to use your information as necessary to perform their services on our behalf.
- Data Retention: We will retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy and Security section, unless a longer retention period is required or permitted by law.
By participating in internal survey campaign, you acknowledge and agree to the terms of this Privacy and Security section and our Privacy Policy.
10. General Terms and Conditions:
By accessing and using our services, including participating in internal survey campaign, you agree to abide by these general terms and conditions. Please read them carefully. If you do not agree with any part of these terms, we kindly ask that you refrain from using our services.
- Participant Conduct: Participants are expected to conduct themselves in a respectful and responsible manner while participating in internal survey campaign. Any behavior that violates these terms and conditions or engages in fraudulent activity will result in disqualification from the campaign. Modak has the right, in its sole discretion, to maintain the integrity of the Promotion, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Promotion rules; or the use of bots, macros or scripts or other technical means for entering.
- Technical Issues: Modak is not responsible for any technical issues that may affect participation in internal survey campaign, including but not limited to, internet outages, server downtime, or software malfunctions. We will make every effort to address and resolve technical issues promptly.
- Compliance with Laws: Participation in internal survey campaign is subject to all applicable laws and regulations. Participants are responsible for ensuring compliance with any local, state, or federal laws that may apply.
- Amendment or Cancellation: Modak reserves the right to amend or cancel internal survey campaign at its discretion, without prior notice. In the event of cancellation, Modak will make reasonable efforts to notify participants and provide any necessary refunds or compensation.
- Ineligibility: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws and should such an attempt be made, Modak reserves the right to seek damages from any such person to the fullest extent permitted by law.
- Consent to Terms: By participating in the internal survey campaign, participants agree to abide by these general terms and conditions. Modak reserves the right to take appropriate action, including disqualification, against any participant who violates these terms.
- Communications: By entering the Promotion you agree to receive email newsletters periodically from Modak. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
- Review of Terms: Participants are encouraged to review Modak's privacy policy and terms of service, which govern the use of our services in addition to these general terms and conditions.
- Redemption of Prize: The prize awarded in the internal survey campaign is redeemable within a period of up to the internal survey campaign from the date of the winning notification. Failure to redeem the prize within this timeframe will result in forfeiture of the award.
These general terms and conditions are intended to ensure a fair and enjoyable experience for all participants in the internal survey campaign. Thank you for your cooperation and participation!
11. Contact Information
For any inquiries or assistance regarding internal survey campaign or our services, please feel free to reach out to us through the following channels:
- Email: You can contact us via email at hi@modakmakers.com.
- In-App 24/7 Live Chat: We offer a convenient in-app live chat feature available 24/7 to assist you with any questions or concerns you may have. Simply access the live chat feature within the Modak app to connect with a member of our support team in real-time.
- Support Webpage: Visit our support webpage at Modak Support for comprehensive information, FAQs, and resources to help address common issues and inquiries. You can also submit a support ticket through the webpage for personalized assistance from our support team.
We are committed to providing prompt and helpful assistance to ensure your experience with internal survey campaign and our services is positive and enjoyable.
12. Winners List: To obtain a copy of the winner's name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Modak Communities Operating Holdings Inc. 3000 SAND HILL RD, BUILDING 4 SUITE 230, MENLO PARK, CALIFORNIA 94025. Requests must be received no later than 10 business days after the end of the internal survey campaign
13. Sponsor: The Sponsor of the Promotion is Modak Communities Operating Holdings Inc. 3000 SAND HILL RD, BUILDING 4 SUITE 230, MENLO PARK, CALIFORNIA 94025.
14. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this Promotion and not to Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google.
