Kickstarter Referral Campaign Terms and Conditions

(Last updated February 23, 2021)

OVERVIEW 
OpenRoads Travel, through www.nowhereunknown.com (the “Site”) provides a motorcycle travel series (all such products services are referred to collectively herein as “OpenRoads Travel”).  By accessing or using the Site, you are a “user” and you accept and agree to the terms below (the “Kickstarter Referral Campaign Terms and Conditions”) as a legal contract between you and OpenRoads Travel. The Kickstarter Referral Campaign Terms and Conditions includes and incorporates additional terms (“guidelines”) applicable to our Kickstarter referral campaign available on the Site as set forth to users upon access to such categories or services.
We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by OpenRoads Travel. Referrers are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Referrers agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned. We reserve the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws. 

Children
No part of the program is directed to persons under the age of 18. If you are under 18 years of age, you may not use, access or participate in the program at any time or in any manner.

How the Program WorksProgram Participation, Generally
To participate in the Program, Referrers should fill out the form on www.nowhereunknown.com.

You’ll be emailed a unique sharing link

Share your unique link to your friends.

When someone clicks your link and backs to our Kickstarter campaign, you will receive points which will earn you rewards!

Referral campaign ends at the end of the Kickstarter campaign.Referrers have up to one year (15 May 2021 - 15 May 2022) to claim their prizes.

Some prizes may not be available (limited quantities)OpenRoads can change the prizes at any time according to discretion.

You do not have to be a backer of the kickstarter to participate

You cannot refer yourself i.e. you can’t cancel your pledge and refer yourself back in.

We will only announce the results after we have confirmed that payment has been cleared, by you and your referrals, i.e. at least 7 days after the campaign ends.

If we do not reach our funding goal then referral campaign will be cancelled and no points traded for prizes.

We can only credit referrals to you that we can track. If your referral is using an ad blocker or making a pledge on the Kickstarter mobile app, we’ll unfortunately not be able to track it or credit it as a referral.

We will remove any links containing profanity or anything that we find inappropriate.We reserve the right to amend the terms of this campaign at any time, at our discretion.

In the event of any inconsistencies, discrepancies and conflict between the terms on this page, and the terms in any other communication from us to you, the terms on this page shall prevail.

OpenRoads Travel shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability which cannot be excluded by law.

You may purchase multiple prizes so long as you have enough points

Privacy
Referrers may participate in the Program made available by OpenRoads Travel in order to refer their Friends to the Kickstarter Campaign, Nowhere Unknown India as potential new OpenRoads Travel customers. To do this, Referrers must necessarily submit personal information about themselves and their Friends, such as name and e-mail address information, so that OpenRoads Travel can send communications to the Friends on the Referrers’ behalf. The personal information will be collected, processed and used in accordance with OpenRoads Travel’s Privacy Statement. Referrers understand that, in addition to the initial communications to Friends, OpenRoads Travel may also use the personal information to send to Friends additional follow-up communications on behalf of the Referrers. The personal information may also be used by OpenRoads Travel to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from OpenRoads Travel.

Content Ownership and Use.
A. OpenRoads Travel’s online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between Referrer and OpenRoads Travel, all Content is the property of OpenRoads Travel or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on OpenRoads Travel’s online platform or the Program is the exclusive property of OpenRoads Travel and is protected by copyright, trademark, and other laws.

B. License to YouOpenRoads Travel authorizes you, subject to these terms, to access and use OpenRoads Travel’s online platform, the Program, and the Content solely for your personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
C. TrademarksThe registered or unregistered logos, product and service names contained in OpenRoads Travel’s online platform or the Program are or may be trademarks of OpenRoads Travel or its licensors. Without OpenRoads Travel’s prior written permission, and except as solely enabled by any link as provided by OpenRoads Travel, you agree not to display or use in any manner the Marks.
Liability.
A. By participating in the Program, Referrers agree to:Be bound by these Terms and Conditions, the decisions of OpenRoads Travel and its designees.Defend, indemnify, release and hold harmless OpenRoads Travel, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrers’ participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and
B. OpenRoads Travel shall not be liable for:Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; orClaims, demands, and damages in disputes among Referrers or between Referrers and Friends; orAny other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Program, that were not reasonably foreseeable to OpenRoads Travel at the relevant time.
C. OpenRoads Travel disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond OpenRoads Travel’s control corrupt the administration, security or proper operation of the Program.
D. OpenRoads Travel shall not be liable to any Referrer for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties' control.
E. OpenRoads Travel reserves the right to cancel or suspend the Program should OpenRoads Travel determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
F. Disclaimer of Warranties
Referrers expressly understand and agree that: (a) your use of the program is at your sole risk; the program is provided on an "as is" and "as available" basis and OpenRoads Travel expressly disclaims all warranties, conditions and terms (collectively, "promises") of any kind, whether express or implied by statute, common law or custom, including, but not limited to, warranties as to products or services offered through the use of the program, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement; (b) OpenRoads Travel makes and gives no warranty that (i) the program will meet your requirements or be uninterrupted, timely, secure, or error free, (ii) the results obtained from the use of the program will be accurate or reliable, (iii) the quality of any products, services, information, or other material obtained by you through the program will meet your expectations, and (iv) any errors in the service will be corrected; and (c) any material downloaded or otherwise obtained through the use of the program is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.



G. Limitation of Liability and Indemnification
Referrers expressly understand and agree that OpenRoads Travel (including any vendors and service providers associated with or assisting in providing the program) shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OpenRoads Travel was advised of the possibility of such damages), resulting from: (i) the use or the inability to use the program; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the program; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on or through the program; or (v) any other matter relating to the program. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you.Referrers should use the program at their own risk.
V. Conduct.
If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), OpenRoads Travel reserves the right to cancel, change, or suspend the Program.
Prohibited Conduct, GenerallyReferrers agree not to use the Program to:Violate applicable law;Infringe the intellectual property rights of OpenRoads Travel or any third parties;Stalk, harass, or harm another individual;Collect or store personal data about other Referrers;Impersonate any person or otherwise misrepresent Referrer's identity;Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;Interfere with another Referrer's use of the Program;Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
C. Bulk Distribution ("Spam")If a Referrer provides a Personal Link to a Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in OpenRoads Travel’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's participation in the Program. OpenRoads Travel has a no-tolerance spam policy.OpenRoads Travel has no obligation to monitor the content provided by Referrers; however, OpenRoads Travel may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.While OpenRoads Travel is the actual sender of the referral email, each Referrer must nonetheless comply with applicable law. Referrers who do not comply with the law, including antispam laws, are obligated to indemnify OpenRoads Travel and all of the Released Parties against any liabilities, costs and expenses incurred as a results of such violation.
D. Fraudulent and Suspicious BehaviorOpenRoads Travel may prohibit a Referrer from participating in the Program or receiving a Credit or Reward, in OpenRoads Travel’s sole discretion, if OpenRoads Travel determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Referrers or any representatives of OpenRoads Travel.Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.Referrers may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.OpenRoads Travel reserves the right to disqualify any Referrer and/or cancel any Reward(s) if OpenRoads Travel finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, OPENROADS TRAVEL RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
VI. Suggestions and Submissions.
OpenRoads Travel appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that OpenRoads Travel does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While OpenRoads Travel values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send OpenRoads Travel Creative Ideas, OpenRoads Travel:Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; andShall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VII. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.
Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under Australia laws (without reference to its conflicts of laws principles).Referrers and OpenRoads Travel agree to submit to the personal and exclusive arbitration of any disputes relating to the use of OpenRoads Travel’s online platform or the Program under the rules and laws of Australia. Any such arbitration, to the extent necessary, shall be conducted within Australia. Referrers covenant not to sue or otherwise bring a claim against OpenRoads Travel in any other forum.Referrers also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Referrers' use of the Program or this agreement:REFERRERS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; andREFERRERS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
VIII. General Terms.
These terms constitute the entire agreement between Referrers and OpenRoads Travel concerning Referrers' use of the Program. The failure of OpenRoads Travel to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, OpenRoads Travel and Referrers nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.
Contact us
If you have any questions about these terms, please do not hesitate to contact OpenRoads Travel at:
OpenRoads TravelKickstarter Campaign: Nowhere Unknown India Address: 8 Lawson street Elwood 3184 VIC Australia Website: www.nowhereunknown.com Email: jessica@openroads.cc Phone Number: +61457583106