ADDITIONAL PROMOTION OFFICIAL RULES FOR RESIDENTS OF EUROPE, ASIA (EXCLUDING JAPAN), AFRICA, AND OCEANIA

Last Updated:  Tuesday 23 April 2019 16:00

ADDITIONAL PROMOTION OFFICIAL RULES FOR RESIDENTS OF EUROPE, ASIA (EXCLUDING JAPAN), AFRICA, AND OCEANIA

Last Updated:  Tuesday 23 April 2019 16:00
  1. IMPORTANT! Please read the official rules (“Key Rules”) provided with the relevant prize draw or contest (the “Promotion”) and the following additional promotion official rules (“Additional Rules”) before entering the Promotion. The Additional Rules and the Key Rules together are referred to as the “Official Rules”. By entering the Promotion, you agree to be bound by the Official Rules and represent to the “Sponsor” identified in the Key Rules that you satisfy all eligibility requirements for the Promotion.

  2. Document Hierarchy: If there are any direct conflicts between these Additional Rules and the Key Rules, the Key Rules will apply.

  3. Eligibility to Enter: The Promotion is open to residents of the Promotion Jurisdiction identified in the Key Rules who are at least of the age identified in the Key Rules. If you are under eighteen (18) years old you must have the permission of your parents or guardian(s), who must have read and agreed to the Official Rules on your behalf, in order to enter the Promotion. Proof of consent and contact details for your parents or guardian(s) may be required.

  4. Entry Period: The Promotion is open during the entry period identified in the Key Rules (“Entry Period”).

  5. Persons Excluded From Entering: Directors, officers, shareholders, and employees of Sponsor, Sponsor’s affiliate companies, Sponsor’s vendors, Sponsor’s professional advisors, Sponsor’s advertising and promotional agencies, and each of such employees’, officers’ shareholders’ and directors’ immediate family members and/or those living in the same household (whether legally related or not), are not eligible to enter the Promotion or win a prize.

  6. Entries: To enter the Promotion you must follow the procedure for entry set out in the Key Rules. All entries must be received before the end of the Entry Period (date of postmark, if mailed). Only one (1) entry per person is permitted unless otherwise stated in the Key Rules.

  7. Winner Selection: The number of winners that will be selected from all eligible entries to the Promotion is set out in the Key Rules.

    For a Promotion that is a competition: Winner(s) will be selected in the manner and using the judging criteria set out in the Key Rules. The judge’s or judges’ and Sponsor’s decisions shall be final and binding in all respects. No correspondence will be entered into.

    For a Promotion that is a prize draw: Sponsor or Sponsor’s designee will use a computer process that produces verifiably random results to randomly select the winner(s) from all entries received before the end of the Entry Period.

  8. Winner Notification: If you are a winner of the Promotion, you will be notified via the method set out in the Key Rules by the date set out in the Key Rules. If no such date is set out in the Key Rules, the date shall be no more than thirty (30) days from the end of the Entry Period. If no notification method is set out in the Key Rules, Sponsor shall notify each winner via the winner’s email account, via any other account the winner provided as part of the winner’s entry, or via a public post or reply on a winning entry (if applicable).

    Once you have been notified that you have won, you must claim your prize by following the instructions in the notification (including any reasonable time limitations). In the event that you do not claim your prize within the relevant time or otherwise fail to follow the rules in the notification, the prize will be forfeited and Sponsor will, if possible, choose another winner. You may need proof of your ID to claim a prize.

  9. Prize(s): The prize(s) are described in the Key Rules. If Sponsor is unable to issue a prize for reasons outside the Sponsor’s control, Sponsor might vary or swap the prize(s) for a suitable alternative of comparable value at its discretion, if appropriate considering your interest. Each winner will win a maximum of one (1) prize unless otherwise stated in the Key Rules. Each prize is non-transferable, non-refundable, and no cash alternative is available.

    Entrants under the age of eighteen (18) will need to obtain their parent or guardian’s consent before accepting a prize. Proof of consent and contact details of your parent or guardian may be required. If you fail to provide any required proof of age or consent before the deadline set out in the notification, the prize will be forfeited and Sponsor will, if possible, choose another winner.

    If the prize is a trip or travel (a “Trip Prize”), the rules in this paragraph shall apply unless otherwise stated in the Key Rules. All Trip Prize travel arrangements must be made through the Sponsor or Sponsor’s designee. A winner of a Trip Prize must travel as and when designated by Sponsor. Dates of departure and return are subject to change at Sponsor’s discretion. The Trip Prize winner and his or her travel companion(s) (if applicable) must travel together on the same itinerary and possess all required travel documents (including visas and valid passports). If in the judgment of Sponsor air travel is not required due to winner’s proximity to Trip Prize location, ground transportation may be substituted. Sponsor shall not be responsible for any cancellations, delays, diversions, or substitutions by the air or other carriers, hotels, venue operators, transportation companies, or other Trip Prize providers. Unless expressly approved in advance in writing by Sponsor, companion(s) of Trip Prize winner must be at least the age of majority in his or her state/province/country of residence as of the date of departure. All expenses not specifically mentioned herein or in the Key Rules are not included as part of any Trip Prize and are the winner’s sole responsibility.

  10. Data Protection: The Sponsor will use your personal details for the purposes of administering the Promotion.

    If you agreed on entry to the Promotion, the Sponsor may use (if applicable to the particular Promotion) your name, likeness, social media names and/or handles, avatars, profile images, and any other information requested or submitted on entry to the Promotion only for the purposes of the Promotion (including, but not limited to, (i) displaying your entry in any and all media throughout the world (if applicable for the particular Promotion), (ii) awarding and/or delivering prizes, and (iii) communicating with you about the Promotion) without any further remuneration. You agree to sign any document that the Sponsor may require from you in that respect.

    If the Sponsor is located outside the European Economic Area (“EEA”), your personal details may be stored outside of the EEA in the Sponsor’s location (Square Enix, Inc., Square Enix LLC, and Crystal Dynamics, Inc. are located in the United States of America and Eidos Interactive Corp. is located in Canada). When we send your personal details to these countries we will ensure that the transfer is lawful and that there are appropriate security arrangements in place.

    For more information about data protection and data transfers outside of the EEA, please see Square Enix Limited’s privacy policy.

    In order to comply with advertising regulations the Sponsor must make the surname and county of each winner available on request. If you would like to request this information in relation to the Promotion, please send a stamped, self-address enveloped to the Sponsor (Attention: Legal – Promotion Winners’ List) using the contact details listed below within four (4) weeks from the end of the Entry Period. Please include the identity of the Sponsor, the name and date of the Promotion, and (if applicable) the URL of the webpage on which the Key Rules were posted.

    The following terms apply only to residents of France: According to the Act n°78-17 of 6 January 1978 as amended relating to the protection of individuals with regard to the processing of personal data, any participant has a right of access to, modification, withdrawal, and determination of his/her personal data after his/her death by contacting Sponsor at the mailing address provided below or by email to privacy@square-enix.com and by identifying the identity of the Sponsor, the name and date of the Promotion, and (if applicable) the URL of the webpage on which the Key Rules were posted as well as the data at stake.

  11. Social Media: The Promotion is in no way sponsored, endorsed, or administered by, or associated with, Twitter, Facebook, YouTube, Snapchat, Twitch, Instagram, or any other social media platform or online platform (a “Social Media Platform”) unless otherwise stated in the Key Rules. If the Promotion involves use of a Social Media Platform, (i) you must agree to and comply with the Social Media Platform’s terms of service, privacy policies, and all other applicable policies and terms (including, for YouTube, the YouTube Community Guidelines available at https://www.youtube.com/yt/about/policies/#community-guidelines); (ii) your user profile, and all posts or updates related to the Promotion, must be publicly viewable and must remain publicly viewable for the entirety of the Entry Period (if applicable); (iii) you shall not create or use multiple accounts with the same Social Media Platform in connection with the Promotion; (v) you shall not post duplicate, or near duplicate, updates or links to your Social Media Platform account or submit multiple entries per account in a single day; (vi) you must “follow,” “friend,” “like,” etc. (depending on the Social Media Platform) the relevant Sponsor/Promotion account prior to submitting an entry; and (vii) you must not inaccurately tag user content (if applicable). In addition, (i) if the Promotion is on Tumblr, you are providing your information to the Sponsor and not to Tumblr, and (ii) if the Promotion is on Pinterest, you must include the word “contest” or “sweepstakes” (as appropriate) when you save Promotion Pins. Any questions, comments or complaints regarding this Promotion must be directed to the Sponsor only, and NOT to the relevant Social Media Platform. By entering the Promotion, you acknowledge that any Social Media Platform on which the Promotion features bears no responsibility for this Promotion and, to the maximum extent permitted by law, you release each and every one of them from any liability whatsoever in connection with this Promotion.

  12. Use of Your Entry: By submitting your entry to the Promotion, you grant a licence (i.e., permission) for the Sponsor, Sponsor’s affiliate companies, and their agents and licensees to edit, publish, re-post, re-tweet, broadcast, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, and otherwise use and exploit your entry (with or without any accompanying comments and information like your handle and profile picture) only for purposes of the Promotion in any and all media throughout the world (if applicable for the particular promotion) for five (5) years without financial compensation, including, without limitation, on the Sponsor’s publicly accessible website(s), Social Media Platform accounts, and all other media and distribution channels whether now known or hereafter invented (if applicable for the particular promotion).

    Given the nature of online content, you understand that your entry may be available online even after the above licence has expired (if applicable). You agree that you shall not hold the Sponsor, the Sponsor’s affiliate companies, their licensees, or any of their employees, officers, agents, or contractors responsible or liable for any use of your entry by third parties either during or after the licence period.

    All physical entries become the physical property of Sponsor upon receipt and will not be returned.

  13. Your Promises in Connection with Your Entry: In relation to your entry, you warrant and undertake (i.e., you guarantee us) that:

    • (a) except for any materials which you have included in your entry which are owned or licensed by the Sponsor, you own and control all rights in your entry. This means that your entry is your own original work and does not infringe any third party intellectual property rights (e.g., copyrights, trade marks, or design rights);

    • (b) you have obtained written consent from anyone featured, identified, or mentioned in your entry;

    • (c) you waive all and/or agree not to assert (and warrant that all individuals featured have waived and agreed not to assert) any ‘moral rights’ in your entry, notably this means that your name may not be mentioned and that the content of your entry or of any submission you may make may be modified and altered by Sponsor or any entity authorized by same without your review or consent;

    • (d) you will comply with all applicable laws and regulations;

    • (e) you have read and agreed to the following terms of use, privacy policy, and cookies policy:

    • (f) your entry does not contain anything which:

      • (i) is or is likely to be illegal, unlawful, indecent, offensive, discriminatory, or inappropriate;

      • (ii) is or is likely to be false, misleading, or defamatory;

      • (iii) is a third party logo, trade mark, or copyright material (without permission);

      • (iv) infringes the rights of any person or business; or

      • (v) could cause any kind of harm or damage (including malware, spyware, etc.).
         

    • (g) No payment will be required to your benefit or that of any third party, from Sponsor or any entity authorized by Sponsor, to fully use your entry (with or without any accompanying comments and information like your handle and profile picture) in accordance with the terms of the Official Rules and notably with the license granted under Article 12 of these Additional Official Rules.

  1. Last few important legal bits…

    • (a) The Sponsor reserves the right to withdraw or amend this Promotion and/or these terms and conditions if the Sponsor considers it necessary or appropriate for unforeseen reasons beyond Sponsor’s reasonable control.

    • (b) If the Sponsor considers that you are or your entry is in breach of these terms and conditions, without limiting the options available to us, the Sponsor may exclude you and/or your entry from the Promotion.

    • (c) In the event of any dispute the Sponsor’s decision is final.

    • (d) To the fullest extent permissible by law, the Sponsor, Sponsor’s affiliate companies, their licensees, and all of their employees, officers, agents, or contractors, excludes all liability to you and anyone else for any direct or indirect loss, damage, or harm of any kind arising from the Promotion or your participation in it. For residents of Germany only: (i) the foregoing exclusion does not apply to intentional acts or gross negligence, or for damages for harm to life or health or personal injury if based on intentional acts or negligence and (ii) the phrase “To the fullest extent permissible by law” in the preceding sentence shall be disregarded.

    • (e) For residents of France only: the Promotion and the Official Rules are governed by French Law and disputes arising in connection with them shall be subject to the exclusive jurisdiction of the French courts. For residents of Germany only: the Promotion and the Official Rules are governed by German Law and disputes arising in connection with them shall be subject to the exclusive jurisdiction of the German courts in Hamburg, Germany. For residents of all other territories: the Promotion and the Official Rules are governed by English law and any disputes arising in connection with them shall be subject to the exclusive jurisdiction of the English courts in London, England.

    • (f) If any provision of the Official Rules is found by a court of competent jurisdiction to be invalid, it is nevertheless agreed that the other provisions will remain in full force and effect.

  1. Sponsor: The “Sponsor” is the company set out in the Key Rules. References in these Additional Rules to ‘Sponsor’ or ‘‘we/us/our’ are to the Sponsor and its authorised representatives collectively.

    Correspondence regarding the Promotion or the Official Rules may be directed to one (1) of the following addresses:

    • If the Sponsor is Square Enix, Inc., to:
          Square Enix, Inc.
          Attention: Legal – Promotion Inquiry (Square Enix, Inc.)
          999 N. Pacific Coast Highway, 3rd Floor
          El Segundo, CA 90245
          United States

    • If the Sponsor is Square Enix LLC, to:
          Square Enix LLC
          Attention: Legal – Promotion Inquiry (Square Enix LLC)
          999 N. Pacific Coast Highway, 3rd Floor
          El Segundo, CA 90245
          United States

    • If the Sponsor is Crystal Dynamics, Inc., to:
          Crystal Dynamics, Inc.
          C/O Square Enix, Inc.
          Attention: Legal – Promotion Inquiry (Crystal Dynamics, Inc.)
          999 N. Pacific Coast Highway, 3rd Floor
          El Segundo, CA 90245
          United States

    • If the Sponsor is Eidos Interactive Corp., to:
          Eidos Interactive Corp.
          C/O Square Enix, Inc.
          Attention: Legal – Promotion Inquiry (Eidos Interactive Corp.)
          999 N. Pacific Coast Highway, 3rd Floor
          El Segundo, CA 90245
          United States

    • If the Sponsor is Square Enix Limited, to:
          Square Enix Limited
          Attention: Legal – Promotion Inquiry (Square Enix Limited)
          240 Blackfriars Rd.
          London SE1 8NW
          England

    • If the Sponsor is any other entity, to:
          Square Enix, Inc.
          Attention: Legal – Promotion Inquiry (Other Sponsor)
          999 N. Pacific Coast Highway, 3rd Floor
          El Segundo, CA 90245
          United States