Terms and Conditions
SKRILO TERMS AND CONDITIONS OF PRODUCT
1. Your Acceptance:
Skrilo is the developer of the Product, with a registered address at Floor 4, Willow House, Cricket Square, P.O. Box 2804, Grand Cayman KY-1112, Cayman Islands. Skrilo reserves the right to discontinue any aspect of the Skrilo Product at any time.
2. Skrilo Offering:
The Skrilo Product allows you, without any payment of any kind, to be automatically eligible to be entered into an algorithmic generated free prize draw or draws every time you click on a message or campaign from a sponsor. Each clickable action to a sponsor campaign adds to your entitlement towards the periodic free prize draw (a “Chance” or”Chances”). You may also receive (with no payment to Skrilo) merchant or third party coupons (“Coupons”) which can be used in transactions with merchants either online or in stores but away from the Skrilo eco-system. The sponsor messages can be viewed voluntarily at your discretion and there is no obligation to do so. Skrilo to its best possible effort, but subject to any technological limitations or business related constraints, offers equal opportunities for accruing free Chances from campaign views or engagement, across its subscriber base and as measured over a reasonable length of time. However, the Chances need to be collected within a limited time period (typically 24 hours) from having received a notification of a potential chance before they expire. The Chances accrued by you relative to the total chances accrued by all participants in a country in a given period determines the probability of winning a prize in that period.
Skrilo plans to implement the following methodology for creating an fair and equitable winner calculation. For any given lucky draw type (e.g. daily, weekly, monthly), all the chances of a user are entered for the highest prize first. This implies that the individual’s phone number is listed as many times as their chances in an array from which a winning row is picked. The array is built in such a manner across all users eligible to participate. The computer randomly picks the winner row from such an array. If an individual has won a higher level prize, they are then not considered for the lower level prizes within that draw type or from a similar level if more than one such prize is involved.
3. Skrilo Access:
In order to access and use the features of the Product, you acknowledge and agree that you will have to provide Skrilo with your country of residence and mobile phone number. When providing your mobile phone number, you must provide accurate and complete information. You confirm that you are at least 18 (or higher in certain jurisdictions) years of age and a legal tax resident of that country in order to be eligible to download the Skrilo Product in that country.
A user may only have one Skrilo account for a specific mobile phone number, under which his/her name is officially registered. Skrilo reserves the right, with sole discretion, to reset any app user chances to zero, suspend, ban, or terminate any duplicate accounts and your participation in the Skrilo Product if and when we find duplicate or multiple Skrilo accounts on one device in use.
You agree not to use or launch any automated and/or bot system to unduly exploit the Skrilo app, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., and any other means that accesses the Product in a manner that a human cannot reasonably produce in the same period by using a Skrilo application, and you are forbidden from ripping the content unless specifically allowed. While we don’t disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Skrilo clients. We disallow any modification tools or any activities that are meant to explore or harm, penetrate or test the Skrilo website (“Site”). You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Product, nor to use the communication systems provided by the Product for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Product.
4. Winner Claim(s) & Compliance Requirements:
A. The Skrilo Product allows you, without any payment of any kind, to be eligible for its various rewards programs that a consumer has opted for. In Skrilo’s base case product it allows you to automatically be entered into an algorithmic generated free prize draw or draws every time you click on a message or campaign from a Sponsor. Skrilo reserves the right to change its winning algorithm in order to ensure fair, robust and equitable system. The algorithm used to determine the winners shall be audited by an independent auditor in due course. Overall policies are subject to change and it is the users responsibility to stay abreast of the changes. Policy update section in the Skrilo app will provide any key changes and should be read by the user to stay current with any policy changes. Notifications will also be broadcast to users to notify of any key policy updates.
B. Eligibility for Prize Chances: After enrolling, you can immediately start to receive periodic notifications to watch our Sponsor messages, or voluntarily opt-in to download coupons, indicate interests in products and services etc. and to refer the Product to friends, family and contacts. Each interaction with our Sponsors earns you free Chances to a free prize draw held periodically. On occasion, there may be special offers that will allow you to be eligible for more “Chances”. You may not earn Chances through fraudulent means including but not limited to any automated software. Skrilo has the right, in its’ sole discretion, to retroactively reclaim all Chances/prizes that were earned/won through fraudulent means or inadvertently awarded due to technical errors or system failures. In addition to resetting the awarded benefits or chances to zero, Skrilo also reserves the right to block a user from using the app in case of fraudulent or unethical behaviour. Employees of Skrilo are not eligible to participate and the company shall maintain a restricted list of users. Furthermore, Skrilo reserves the right to introduce a black-out period wherein a winner of the bonanza prize (as defined by any single win that falls within a taxable regime) may be ineligible to participate in a similar draw during this period. The length of the black-out period is subject to change but typically will not be less than three months. Additionally, In the event a user has uninstalled the app, Skrilo reserves the right to not include his/her chances accrued in the future draws.
C. No Monetary Consideration: You understand that you do not need to pay any money or its equivalent to Skrilo in order to be eligible for a chance to win. Furthermore, the Skrilo Application is free to download for the User. Registered views of sponsor messages entitles you to the free chances toward a free prize draw. Any Coupons saved during the process and redeemed is a merchant-consumer fulfilment that takes place offline to the Skrilo Product and Skrilo does not charge the consumer any money for facilitating the offering and consumption. There is no intermediary costs associated that the consumer has to bear in using Skrilo as a channel of information for the deal, coupon or offer. Skrilo derives its revenue from the advertising and performance based marketing from its business partners. Also, any additional information or communication requested by you from a given merchant is provided at zero cost to the User. The principle underpinning the Skrilo Product is that your entitlement to win the free prize draw is at no monetary consideration and that you will never have to pay Skrilo any money or its equivalent to earn this entitlement. No purchase of any kind is necessary in order to be able to participate or to be eligible for a prize draw.
D. Equal and Limited Chances available per User: Skrilo provides on a best effort basis, subject to any technological limitations and business constraints, each user of the Product an equal opportunity to accrue Chances. However, it is up to each such user to avail such Chances before they expire. We reserve the right to uniformly place limits on the number of Chances available to be accrued in any given time period. You are restricted from selling or purchasing “Chances” or your Skrilo account to any other user, company, corporation, or person. “Chances” obtained or accumulated is the sole property of Skrilo. The decision to award or not award prizes is at the sole discretion of Skrilo subject to your compliance with these Terms and Conditions. Any decision by Skrilo to award any prize shall be final and binding.
E. Skrilo Reward Program Duration: Skrilo carries out daily, weekly and monthly free prize draws in a systematic manner. The daily draw ends at midnight of each day, and is carried out based on the entitlements or chances accrued by users over the past 24 hours. The weekly draw ends at midnight of each Saturday, and is carried out based on the entitlements or chances accrued by users over the past 7 days. The monthly draw ends at midnight of each month-end, and is carried out based on the entitlements or chances accrued by users over the entire month.
F. Prize Amounts: Each user shall be aware of the potential frequency and the amount of the prizes to be awarded by Skrilo from the Product experience. The details of the aggregate wins being awarded will be provided during a user’s interaction with our Product sponsor or social messages. The prize amount stated is that which is available for distribution across all participants in the country in a given period. The details of specific amounts and periodicity is available in the Prizes folder of the Application. These prize amounts will be put in reserve in advance of the daily and monthly draws published in keeping with our principle of protecting the consumer. Such amounts in reserve shall meet any compulsory thresholds required in certain jurisdictions (such as in New York state in the USA). A user may also be eligible for further automatic draws of other prize amounts depending on the number of viewings aggregated by that viewer.
G. Winner Notifications: Skrilo winners will be notified within 24 hours of the end of the relevant daily, weekly or monthly draw cycle within the winner’s country, with the exception of any system or technology failures that are unforeseen. You will receive a notification alert from the Application. If due to a technical error, prize notifications have been transmitted in error, Skrilo reserves the right to retract these notifications within 48 hours of such notifications and is under no obligation to make any payments following such retractions. Furthermore, Skrilo does not hold the responsibility to notify the individuals of their wins personally in any format other than via the application and notification sent to your phone. Also, it is not the responsibility of Skrilo Limited and/or it’s subsidiary to contact a winning user if he/she has uninstalled the app and is unaware of the win.
H. Winner Payments: A winner is eligible to the payment if and only if the person is the same as that under the registered phone number with the Skrilo app and has satisfied other eligibility criteria like age limit, tax residency if applicable, etc. For regulatory and/or compliance purposes the Company may request a scan copy of the tax identity documentation and the mobile phone bill. Skrilo is entitled to rescind the reward, in an event of Non-compliance by the user to any of the criteria set up front. Skrilo does not incur a liability to pay a winner at the time of the draw or when a notification is sent to the winner. It only becomes liable to pay the winner post a claim to the win by the user from within the app. Payment of the prize amounts that do not fall within the tax purview will take place within 30 days of the claim date of a win, subject to the winner having provided the necessary details for money transfer as requested by Skrilo (e.g. Paypal, Paytm, bank transfer, etc.). Payment of the prize amount that falls within the tax purview will take place within 90 days of the claim date, subject to the winner having provided the necessary details for money transfer and as requested by the Skrilo (e.g. tax identification number or equivalent (e.g. PAN number in India or TIN in the USA), personal details, residence address etc). For the bonanza wins which fall within the tax purview, payment may occur via a cheque written in the name of the winner or a bank transfer if the necessary details are available, verified and permissible. Winners in certain countries may be required to provide additional information subject to the disclosure requirements of the jurisdiction of the user and Skrilo will require you to provide those details prior to processing the payment. Failure to provide such information will result in non payment of any prizes. The amount of payment that the winner receives will be net of the cost of payment transfer costs (e.g. Paytm fees, Paypal fees, bank commissions etc.) and any withholding taxes as deemed appropriate in your jurisdiction on the cumulative wins of the user within a taxable year. With effect from April 1, 2016, if the user wins have been left unclaimed for more than 48 hours in case of non-taxable rewards and more than 75 days in case of taxable rewards, since the day of winner notification or draw date; the award will be considered forfeited by the winner and the amount will considered available for the purposes of usage as deemed appropriate for the business operations of Skrilo. If the Skrilo winner changes payment details and Skrilo is unable to effect payment the winner is obliged to provide an alternative payment detail.
I. Taxation on Wins: If you receive any monetary prizes from using the Product it is your responsibility for including such amounts in your tax returns with your national tax collecting governmental agency and for remitting all taxes in relation to such prize amounts to such agency. If you have any questions on this, please speak with your tax advisor. In certain countries, Skrilo is obligated to withhold tax on any prize amounts or in certain cases when the amount is over a certain threshold (e.g. India).By downloading the Application and using the Product via an Indian mobile number, you are deemed to be Indian tax resident and subject to such withholding.
J. Winner Publicity: You reserve the right to allow or disallow Skrilo to use your name, profile, city and country and the amount of the win for any publicity. However, you allow Skrilo to contact you to seek your permission for publicity of the Product. If you grant permission to allow your name and other details to be used for any publicity, Skrilo may use the media of its’ choice for this purpose.
5. Third Party Content and Experience:
A. General: These Terms and Conditions apply to all users of the Skrilo Product. Information provided via rich media uploads from our merchant and business partners either directly constitutes third party content on our Product platform or may include links to third party websites that are not owned or controlled by Skrilo. Skrilo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Skrilo will not and cannot censor or edit the content of any third-party site. By using the Product, you expressly acknowledge and agree that Skrilo shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. Deals, coupons and offers from third party merchant sites, are subject to changed between the time of advertisement on the Skrilo App and the actual visit of the third party site by the user. Skrilo does not hold any responsibilities for such variations as the third party merchants make such changes with no formal notice to Skrilo.
B. Coupons: You may redeem any coupon after you have followed the download procedure whether online on the merchants’ or other e-commerce partners’ online platform (website or application) or at a merchant’s store subject to the terms and conditions of the Coupon, its expiry date and any other fees or payment required by the merchant. Skrilo shall have no liability with respect of the transaction between you and the merchant. A particular Coupon may be subject to specific terms and conditions not specified in this document. This includes expiration dates, shipping costs, return policies (if applicable), and compliance to all applicable national, federal, state, and city laws.
C. Communication & Carrier Services: Skrilo is not liable for unwarranted third party charges or communication such as fees from your mobile carrier. Skrilo does not earn from any telecommunication revenue and is not liable for any costs incurred by you to either download the Application or view the sponsor messages in order to earn your chances. As part of the Product we provide, you may receive push notifications, messages, emails, and other types of messages sent to you from outside or inside the Application. We reserve the right to communicate with you using the mobile number and email address provided during registration or via the Skrilo Site to communicate with you regarding your account or the Product. You are responsible for any charges given to you by your mobile carrier.
D. Offensive Content: Skrilo does not support or encourage illegal consumption of alcohol or tobacco, physical violence, pornography, and discrimination of any kind. If you are aware of any offensive or inappropriate content on the Skrilo platform, you are encouraged to report such incidents to Skrilo. The contact information will be available on the Skrilo Site.
E. At its’ discretion, Skrilo may elect to distribute social messages by NGO’s, charitable foundations or other not for profit organisations. Clicking on such messages shall contribute to Chances in a free prize draw.
Intellectual Property Rights:
The design of the Skrilo Product along with Skrilo created text, scripts, graphics, interactive features and the like and the trademarks, Product marks and logos contained therein (“Marks”), are owned by or licensed to Skrilo, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Product is provided to you AS IS for your information and personal use only. Skrilo reserves all rights not expressly granted in and to the Product. You agree to not engage in the use, copying, or distribution of any of the Product other than expressly permitted herein, including any use, copying, or distribution of services of third parties obtained through the Product for any commercial purposes.
7. Warranty Disclaimer:
YOU AGREE THAT YOUR USE OF THE SKRILO PRODUCT SHALL BE AT YOUR SOLE RISK. ALL PRODUCTS CONTAINED WITHIN SKRILO ARE AVAILABLE TO YOU ON AND “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SKRILO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, RELATED BUT NOT LIMITED TO THE OPERATION AND USE, SECURITY, ACCURACY, COMPLETENESS, RELIABILITY, AND TIMELINESS OF THE PRODUCT. SKRILO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS PRODUCT’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PRODUCT, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCT THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, MESSAGED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SKRILO PRODUCT.
SKRILO HAS NO AFFILIATION WITH AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SKRILO PRODUCT OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND SKRILO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY MERCHANTS OR PROVIDERS OF PRODUCTS OR PRODUCTS. AS WITH THE PURCHASE OF A PRODUCT OR PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SKRILO DOES NOT WARRANT THE MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS; ACCURACY, COMPLETENESS, USEFULNESS, OR AVAILABILITY OF ADVERTISED PRODUCTS OR SERVICES. WE DO NOT SUPPORT FALSE OR MISLEADING ADVERTISEMENTS. WE SHALL TRY TO FILTER OUT INAPPROPRIATE CONTENT BUT WE SHALL NOT BE LIABLE IF YOU ARE OFFENDED BY THE CONTENT, WORDING, MUSIC, IMAGES, INFERENCES OR IMPLICATIONS OF ANY ADVERTISEMENT, VIDEO, COUPON OR OFFER VIEWD THROUGH THIS PRODUCT.
8. Limitation of Liability:
YOU SPECIFICALLY ACKNOWLEDGE THAT SKRILO SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN ADDITION, YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL LIABILITY CLAIMS AGAINST SKRILO RELATING IN ANY WAY TO YOUR USE OF THE PRODUCT, ANY PRIZE WINNINGS OR THE USE OF THIRD PARTY OFFERS SUCH AS COUPONS.
You agree to defend, indemnify and hold harmless Skrilo, it’s officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Skrilo Product; (ii) your violation of any term of these Terms and Conditions; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Skrilo Product. Some jurisdictions do not allow the disclaimer or limitation of liability, so the above limitation may not apply to you.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Skrilo without restriction.
Jurisdiction: While Skrilo will prohibit any downloads of the Product in countries where the offering is not permissible by law, you shall only use the Skrilo Product if and only if the potential to win without any monetary consideration on your part is permitted in the jurisdiction of your residence. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a”terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Fraudulent Behaviour: In our sole discretion, Skrilo may forcibly close your account and ban participation if we observe suspicious or fraudulent activity including modification, distribution, reverse engineering, creative derivative works of the Application and Products. You agree to notify us immediately of any unauthorised use of your account, and that we are not liable for any loss that may incur as a result of someone using your password and account. Skrilo reserves the right, in our sole discretion, to remove Chances from your account to correct errors and/ or retroactively reverse any prizes you have received for any prohibited conduct based on these Terms and Conditions. You may or may not be provided with notice of this action. Furthermore, Skrilo may in our sole discretion suspend/ terminate your account, resulting in forfeiture and cancellation of all Chances, Coupons and rewards effective as of the date of termination.
Risks: You as the user assume all risk when using the Skrilo Product, including but not limited to all the risks associated with any online or offline interactions with other users, team members, friends, or strangers met through the Skrilo Product. You agree to take all necessary precautions when and before meeting any individual or business.
Friends and Community: Skrilo’s referral feature allows the user to receive additional “Chances” through friend invitations. As a Skrilo user, you will have the ability to invite your Friends online or offline by providing them your promo code. The Product has enabled the Facebook invite feature within the Application. You may only post these Invitations and ensure they are visible on your timeline only to individuals and groups you wish to share with. Falsified information may lead to Chances reversal and forfeiture, account suspension, or termination at Skrilo’s sole discretion.
Applicable Law: Any disputes and claims related to these Terms and Conditions and any additional terms and conditions, Product, Site, or Application shall be subject to the laws of England. You hereby consent to the exclusive jurisdiction and venue of the courts of England, in all disputes arising out of or related to the use of this Product.
Arbitration: You agree that any and all disputes related to these Terms and Conditions (and additional terms and conditions) shall be resolved individually, exclusively, and confidentially by a single arbitrator pursuant to the arbitration rules of England. Confidential information shall not be included unless required by the arbiter, in which case all measurable actions shall be taken to prevent disclosure of confidential information. Any arbitration proceedings shall take place within one year of the claim and all administrative costs of the proceedings will be equally shared between the parties. You agree that a proceeding commenced after this date is prohibited. Any reward rendered is final.
Severability: If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.
Force majeure: Skrilo shall have no liability if due to circumstances beyond the control of Skrilo, there is a disruption to its’ business operations as a result of an act of God, flood, fire, earthquake, war, a terrorist act or technology failure and the Product is not available and or one or more Prize Draws cannot be held and resulting Prizes cannot be awarded.
Ownership: Copyright law, trademark law and other laws of England and other countries protect our Product and all of its contents. This includes but is not limited to text, photographs, graphics, video and audio material, software, user interface, fonts, Skrilo logos, titles, characters, Product, names, and button icons (collectively Intellectual Property). The Intellectual Property is owned or controlled by Skrilo. Any trademarks, Product marks, product names and company names or logos appearing in any part of our Product that are owned by Skrilo and its’ affiliated parties may not be used without express written permission from Skrilo.
Modifications: We reserve the right to modify the Skrilo Product and these Terms and Conditions at any time without prior notice to you. You acknowledge and agree that it is your responsibility to review the Terms and Conditions regularly. Your continued use of the Skrilo Application and Product after such modifications will constitute acknowledgement of the modified Skrilo Product and/ or Terms and Conditions and Conditions and agreement to abide and be bound by the modified Terms and Conditions. We also reserve the right to suspend or terminate the Skrilo Product at any time, in our sole discretion, without liability or compensation to you.
Version: These Terms & Conditions were last modified on 11th May, 2018.