Additional Promotion Official Rules
for Legal Residents of North America, Central America, South America, and the Caribbean
Last Updated: July 3, 2018
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION UNLESS OTHERWISE STATED IN THE INITIAL RULES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING UNLESS OTHERWISE STATED IN THE INITIAL RULES. IF THE PROMOTION REQUIRES ACCESS TO A GAME OR SERVICE IN ORDER TO ENTER, THE ENTRANT MUST HAVE LEGALLY ACQUIRED THE GAME OR SERVICE (AS APPLICABLE) PRIOR TO THE LAUNCH OF THE PROMOTION UNLESS OTHERWISE STATED IN THE INITIAL RULES.
FOR U.S. RESIDENTS: ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
IMPORTANT! Please read the initial/key official rules (“Initial Rules”) provided with the relevant sweepstakes/prize draw or contest (the “Promotion”) and the following additional Promotion official rules (“Additional Rules” and, together with the Initial Rules, the “Rules”) before entering the Promotion. By entering the Promotion, you (the “Entrant”) agree to be bound by the Rules and represent that you satisfy all eligibility requirements for the Promotion.
The decisions of the Sponsor are final and binding in all matters relating to the Promotion, including interpretation and application of these Rules.
- Eligibility to Enter. THE PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE JURISDICTIONS IDENTIFIED IN THE INITIAL RULES (THE “PROMOTION JURISDICTION”) WHO ARE ABOVE THE AGE LIMIT IDENTIFIED IN THE INITIAL RULES AT THE TIME OF ENTRY. RESIDENTS OF JURISDICTIONS OTHER THAN THE PROMOTION JURISDICTION MAY ALSO BE ELIGIBLE TO ENTER THE PROMOTION UNDER TERMS AND CONDITIONS APPLICABLE TO THOSE RESIDENTS’ JURISDICTIONS IF THE SPONSOR (DEFINED BELOW) OR ITS AFFILIATES HAVE POSTED SUCH TERMS AND CONDITIONS. If Entrant is under the legal age of majority in Entrant’s place of residence (a “Minor”), Entrant’s parents or legal guardians must read, understand, and agree to the Rules on behalf of the Minor. To be eligible to win a prize, Entrant’s entry must be completed and received by Sponsor in compliance with the Rules and all other instructions provided by Sponsor. 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. For purposes of the Promotion, “immediate family members” are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and “those living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not. There is a limit of one (1) entry per person, per household, per email account, and per any other applicable account described in the Initial Rules unless otherwise stated in the Initial Rules; multiple entries shall be excluded and disqualified unless otherwise stated in the Initial Rules.
- Additional Terms for Sweepstakes/Prize Draws. If the Promotion is a sweepstakes or a prize draw, the following additional terms apply: UNLESS OTHERWISE PROVIDED ON THE INITIAL RULES, ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
- Promotion Jurisdiction. Notwithstanding the Promotion Jurisdiction identified in the Initial Rules, the Promotion is void in, and not open to residents of, countries currently subject to United States or European Union embargo, on the United States list of state sponsors of terrorism, or where prohibited by law.
- Promotion Period. The “Promotion Period” begins on the date and time indicated in the Initial Rules and ends at the date and time indicated in the Initial Rules (the “Deadline”). Entries must be submitted by the Deadline to be eligible to win a prize. Sponsor will, in its sole discretion, determine the valid and official entry time should any discrepancies of time occur. Sponsor reserves, in its sole discretion, the right to extend the Promotion Period for whatever reason without notification.
- How to Enter. To enter the Promotion, an Entrant must comply with the entry procedures stated in the Initial Rules (each, an “entry”) prior to the Deadline.
The Released Parties (as defined below) may run multiple campaigns, contests, sweepstakes, prize draws, or other promotions simultaneously. Entry into one (1) campaign, contest, sweepstakes, or prize draw does not constitute entry into any other.
- Inappropriate Entries. If applicable, Sponsor may reject and disqualify entries that, in Sponsor’s sole and absolute discretion: (a) deviate from the established theme; (b) violate or infringe any laws, regulations, or rights, including any intellectual property, publicity, or privacy rights; (c) are missing required information; (d) contain any personally identifiable information, personal data, or personal information about any individual other than the Entrant, including another person’s address, phone number, email address, credit card number, or any information that may be used to track, contact, or impersonate that individual; (e) are sexually explicit, indecent, obscene, vulgar, discriminatory, or contain any other offensive subject matter; (f) are counter to public order and/or morals; (g) contain false, misleading, or potentially defamatory information; (h) make unauthorized or fraudulent use of a third party’s name, identity, information, or likeness; (i) are of low visual or audio quality or are otherwise difficult to evaluate; (j) depict any person without that person’s express permission; (k) violate any rule or condition in the Rules or terms on any applicable Social Media Platform (defined below); (l) contain viruses, Trojan horses, or harmful or malicious code, or could otherwise adversely impact the Promotion, users of the website or applicable Social Media Platform, or any other person or entity; or (m) are otherwise damaging or detrimental to Sponsor or any third party. Sponsor reserves the right to judge whether Entry Materials (as defined below) are appropriate for public display.
Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts, or otherwise may result in the Entrant being disqualified. Entries generated by a script, computer program, or macro and/or by programmed, robotic, or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, deceptive, or otherwise not in compliance with the Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Rules or other instructions of Sponsor may be disqualified.
- Winner Selection. Sponsor shall select the number of prize winners (each, a “Winner”) indicated in the Initial Rules. Sponsor shall select the Winner(s) from among the eligible Entrants in the manner described in the Initial Rules. Only eligible Entrants will be eligible to win a prize.
- Additional Winner Selection Terms for Residents of Canada. In addition to the Winner-selection procedure stated in the Initial Rules, if the Jurisdiction for the Promotion includes Canada, then residents of Canada who enter any sweepstakes or prize draw must correctly answer a time-limited mathematical skill-test question in order to win a prize.
- Prizes. The Winner(s) shall receive the prize or prizes identified in the Initial Rules. Actual model, color, accessories, and features of the prize(s) shall be selected by Sponsor, in its sole discretion, and may vary from photos or images, if any, shown in the Promotion materials and advertising, including the Sponsor’s web site. Entrants may not win or receive more than one (1) prize per Promotion unless otherwise indicated in the Initial Rules. Prizes are not transferable unless otherwise indicated in the Initial Rules. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute prizes of equal or greater value for any prize listed in the Initial Rules. Actual retail value of prizes may vary due to market conditions at the time prizes are awarded. All prizes are awarded “AS IS” and WITHOUT ANY WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Prizes won by a Minor will be awarded to a parent or legal guardian on the Minor’s behalf. The approximate retail value (“ARV”) of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. Unclaimed prize(s) will be forfeited. Prize(s), if legitimately claimed, will be awarded. The Released Parties are not responsible for and will not replace any lost, damaged, or stolen prize(s) or any prize that is undeliverable or does not reach the Winner because of an incorrect or changed address. If a Winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Released Parties will have no further obligation with respect to that prize or portion of the prize. The Released Parties are not responsible for and Winner will not receive the difference, if any, between the actual value of the prize(s) at the time of award and the stated ARV in these Rules or in any Promotion-related correspondence or material. Reference to third parties in connection with prizes are for reference and identification purposes only and not intended to suggest endorsement, sponsorship, or affiliation with Sponsor or the Promotion.
- Trip Prizes (Only Applicable If A Trip Is Awarded As A Prize In the Promotion). If Sponsor is awarding a trip as a prize in the Promotion (each, a “Trip Prize”), the actual retail value of the Trip Prize may vary depending on the point of departure, travel dates, and fare/rate fluctuations. If the actual value of the Trip Prize is less than the stated ARV, Sponsor will not award the difference to the Winner. All travel arrangements must be made through the Sponsor or Sponsor’s designee. Certain restrictions and blackout dates may apply. A Winner of a Trip Prize (each, a “Trip Prize Winner”) must travel as and when designated by Sponsor or the Trip Prize may be forfeited and an alternate Trip Prize Winner chosen. The Trip Prize Winner and the Trip Prize Winner’s designated travel companion(s) (“Travel Companions”) (if applicable) must travel together on the same itinerary and possess all required travel documents, including visas and valid passports. It is the responsibility of the Trip Prize Winner and the Travel Companions to provide and maintain proper documentation and travel documents (including government-issued picture identification, passport, visas, etc.). Unless expressly approved in advance in writing by Sponsor, Travel Companions must be at least the age of majority in their state/province/country of residence as of the date of departure. Once a Travel Companion is selected, Travel Companion may not be substituted, except in Sponsor’s sole and absolute discretion. Travel Companions must execute liability/publicity releases prior to the issuance of travel documents (except where prohibited by law). The Trip Prize Winner and any Travel Companions are responsible for obtaining travel insurance (and all other forms of insurance) at their option and cost and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. All aspects of the travel portions of the Trip Prize must be conducted on such dates as determined by Sponsor in its sole and absolute discretion. The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline, train, ground transportation, and similar tickets/reservations are subject to route and mode-of-transportation variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel routes and select hotels in its sole and absolute discretion. The round trip transportation element for the Trip Prize begins and ends at the point of departure. If Sponsor determines in its sole and absolute discretion that air or train travel is not required due to the Trip Prize Winner’s proximity to the Trip Prize location, Sponsor reserves the right to substitute ground transportation or another method of transportation for roundtrip air or train travel without any additional compensation being awarded to the Trip Prize Winner. Sponsor is not responsible for any cancellations, delays, diversions, substitutions, or any other acts or omissions whatsoever by air, rail, or other carriers, hotels, venue operators, transportation companies, prize providers, or any other persons or entities providing any Trip Prize-related transportation, services, or accommodations. Sponsor is not liable for any missed prize events, opportunities, or expenses incurred as a consequence of flight or ground transportation cancellation or delay. No refund or compensation will be provided in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. The Trip Prize Winner may be required to provide a credit card at the time of hotel check-in. Travel and lodging are subject to availability. Additional prize award details and travel information will be provided to the Trip Prize Winner at the time of Trip Prize notification. Travel is subject to these Rules and any terms and conditions set forth by Sponsor’s transportation carrier(s), accommodation providers, and travel service providers of choice. Lost, stolen, or damaged transportation tickets, travel vouchers, certificates, or other Travel Prize-related documents or materials will not be replaced or exchanged. All expenses not specifically mentioned in the Initial Rules are not included as part of any Trip Prize package and are solely the Trip Prize Winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation, travel insurance, room service, bag check fees, parking fees, laundry service, food, beverages, merchandise, souvenirs, telephone calls, tips, gratuities, and service charges. Transportation carrier and accommodation regulations and conditions apply.
- Winner Notification. Sponsor shall notify each Winner via each Winner’s email account or another account provided as part of the entry, through a post on a potentially winning entry, or as otherwise stated in the Initial Rules, after the winning entries are selected and in no event more than three (3) months after the Deadline (the “Notification Package”). Return of any Notification Package as undeliverable will result in disqualification.
To be eligible to receive a prize, each Winner must follow the instructions contained in the Notification Package and respond with the information or documents requested prior to the date specified in the Notification Package or, if no such date is specified, within a reasonable time. If a Minor is selected as a potential Winner, a parent or legal guardian must sign any required or requested documents. The requested documents must be sent to Sponsor at the address specified in the Notification Package and must be received by Sponsor by the date specified or, if no date is specified, within a reasonable time. If a Winner fails to provide the requested information or documents according to the instructions provided in the Notification Package, or if the requested documents are not signed by an appropriate party (e.g., by a parent or legal guardian, if a Minor is selected) or are not received by Sponsor by the specified date, the Winner shall be deemed disqualified and will forfeit Winner’s eligibility.
Entrant must submit Entrant’s own name, age, email address, cell phone number, address, place of residence, and/or other information, as requested by Sponsor. Entrant may not impersonate any other person or entity or submit false or misleading information.
Entrants who tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, any Released Party, any other Entrant, or any other person are subject to disqualification. Sponsor reserves the right to disqualify persons whose eligibility is in question. Sponsor reserves the right to disqualify persons who have been disqualified for misconduct from any other Sponsor promotion, or from any promotion of any of Sponsor’s affiliates.
As a condition of being awarded any prize, Winner(s) (and if Winner is a Minor, Winner’s parent or legal guardian) may be required to execute and deliver to Sponsor a signed Affidavit of Eligibility, an acceptance of the Rules, a release of liability, and/or any other agreements or releases. Sponsor may also require, in its sole discretion, to have any requested documents notarized by the Winner (or Entrant’s parent or legal guardian, in the case of a Minor).
In the event of a dispute about the identity of an Entrant who entered with an online account, entries shall be deemed to have been made by the authorized account holder of the relevant account at the time of entry, as determined by Sponsor in its sole and absolute discretion. An authorized account holder is the natural person who is assigned the account by the relevant service provider. A potential Winner may be required to provide proof that Entrant is the authorized account holder of the account associated with the winning entry. In the event a dispute regarding the identity of the authorized account holder who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
- Prize Delivery. Winner(s) should allow up to three (3) months for delivery of prizes. Prizes will be delivered to each Winner’s home address, unless otherwise indicated in the Initial Rules.
- Effect of Disqualification. If a Winner forfeits or is disqualified for any reason, the Winner will not receive any prize. In the event that a Winner forfeits or is disqualified, Sponsor may select an alternate Entrant as a replacement for the disqualified or forfeited Winner using the Winner-selection procedure in the Initial Rules, or Sponsor may elect to hold another Promotion Period to pick an alternate Winner, or Sponsor may, subject to applicable law, elect not to award the prize at all, all at Sponsor’s sole discretion.
- General Release. BY ENTERING THE PROMOTION, ENTRANT (AND, IF ENTRANT IS A MINOR, ENTRANT’S PARENTS OR LEGAL GUARDIANS) AGREES TO RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS THE SPONSOR, ANY PERSON OR ENTITY THAT PROVIDED SERVICES RELATED TO THE PROMOTION, ANY PERSON OR ENTITY THROUGH WHICH ENTRANT POSTED, OBTAINED, OR SUBMITTED MATERIALS IN CONNECTION WITH THE PROMOTION (E.G., SOCIAL MEDIA PLATFORM OWNERS (AS DEFINED BELOW), ONLINE SERVICE PROVIDERS, MOBILE NETWORKS, ETC.), ANY PERSON OR ENTITY THAT PROVIDED PRIZES FOR THE PROMOTION, AND ANY OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, VENDORS, AND AGENCIES (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY LIABILITY WHATSOEVER, AND WAIVE ANY AND ALL CAUSES OF ACTION FOR ANY CLAIMS, COSTS, INJURIES (UP TO AND INCLUDING BODILY INJURY AND DEATH), LOSSES, OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH: (I) ENTRANTS’ PARTICIPATION IN THE PROMOTION (INCLUDING TRAVEL TO/FROM ANY PROMOTION ACTIVITY OR PRIZE); (II) ANY ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PRIZE (INCLUDING, WITHOUT LIMITATION, LOSSES, DAMAGES, OR INJURIES TO ENTRANT’S OR ANY OTHER PERSON’S EQUIPMENT OR OTHER PROPERTY, OR TO THEIR PERSONS, INCLUDING THOSE ARISING FROM ANY TRAVEL TO/FROM ANY PROMOTION ACTIVITY OR PRIZE); (III) ANY VIOLATION OF RIGHTS OF PUBLICITY OR PRIVACY, CLAIMS OF DEFAMATION OR PORTRAYAL IN A FALSE LIGHT, OR CLAIMS BASED ON INFRINGEMENT OF INTELLECTUAL PROPERTY; (IV) ANY PRINTING, TYPOGRAPHICAL, HUMAN, OR OTHER ERROR IN THE PRINTING, OFFERING, SELECTION, OPERATION, OR ANNOUNCEMENT OF ANY PROMOTION ACTIVITY AND/OR PRIZE; (V) ANY LATE, LOST, MISROUTED, GARBLED, OR DISTORTED OR DAMAGED TRANSMISSIONS OR ENTRIES; (VI) ANY TELEPHONE, ELECTRONIC, HARDWARE, SOFTWARE, NETWORK, INTERNET, OR OTHER COMPUTER- OR COMMUNICATIONS-RELATED MALFUNCTIONS OR FAILURES; OR (VII) ANY PROMOTION DISRUPTIONS, INJURIES, LOSSES, OR DAMAGES CAUSED BY EVENTS BEYOND THE CONTROL OF SPONSOR OR THE RELEASED PARTIES, WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR ANY OTHER THEORY.
IF ENTRANT IS A MINOR, ENTRANT’S PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH THAT MAY BE SUFFERED BY ENTRANT OR ENTRANT’S PARENTS OR LEGAL GUARDIANS.
- Class-Action Waiver. SOME JURISDICTIONS (INCLUDING QUEBEC) MAY NOT ALLOW LIMITATIONS ON AVAILABLE REMEDIES, SO THE FOLLOWING MAY NOT APPLY TO YOU. AS A CONDITION OF PARTICIPATING IN THE PROMOTION, ENTRANT AGREES THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE RULES AND THE PROMOTION, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
- Intellectual Property Rights in Entries. Entrant, upon submission of an entry and other materials submitted in connection with the Promotion (including all copyright, trademark, and other intellectual and proprietary rights associated therewith) (collectively, the “Entry Materials”), irrevocably grants to Sponsor, and each of Sponsor’s licensees, successors, and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Entry Materials, and all images, text, and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title, sell, and adapt the same, to combine it with other material, and otherwise use and exploit it without having to give any compensation or attribution to entrants or any third party, except for the awarding of the prize(s) to the Winner(s) in the Promotion. Entrants agree that during the Promotion Period, Entrants shall maintain all rights without encumbrances to the Entry Materials so that, if Sponsor desires, Entrants can assign all rights in and to Entry Materials if selected as a Winner and each Entrant shall make such an assignment if requested to do so by Sponsor. Sponsor, and each of its successors, assigns, and licensees, will have the right to make unlimited derivative works of Entry Materials, to assign or transfer any or all of Sponsor’s granted rights, and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Entry Materials, including without limitation all images, text, and materials included or depicted therein (if any), in any merchandising, advertising, marketing, or promotion, or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with Entry Materials. Entrants acknowledge that as a condition of participating in the Promotion and/or being selected as a Winner, Sponsor may request that the Entrant’s Entry Materials, and any rights therein, be assigned to Sponsor. Entrants may be required to confirm such assignment by completing and submitting the prize acceptance documents (and any other documents reasonably required by Sponsor) or such Entrant will otherwise be disqualified from receiving Entrant’s prize(s). Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions, or third-party obligations. Entrants agree that Sponsor shall have sole discretion in determining the extent and manner of use of Entry Materials and is not obligated to use any Entry Materials. Entrants agree that neither Sponsor, nor Sponsor’s agents, shall be required to return or preserve any Entry Materials.
Each Entrant acknowledges that Entry Materials are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each Entrant acknowledges that Sponsor and other Entrants may have created ideas and concepts contained in their Entry Materials that may have familiarities or similarities to the Entrant’s own Entry Materials, and that the Entrant will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate Entrants for their Entry Materials and there is no obligation for any Released Party to pay or otherwise compensate Entrants for any of their ideas or materials. Entry Materials are not confidential and the Released Parties’ only obligations to Entrants regarding Entry Materials are as specifically set forth in these Rules. The decisions of the Sponsor are final and binding in all matters relating to the Promotion, including interpretation and application of these Rules. Sponsor reserves the right to request from Entrant at any time proof that Entrant maintains all necessary rights in the Entry Materials in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the Entrant being disqualified from the Promotion.
All physical Entry Materials become the physical property of Sponsor upon receipt and will not be returned. Sponsor may destroy, dispose of, or make any other use of such physical Entry Materials at any time.
- Original Work of Authorship. By entering the Promotion, Entrant represents and warrants that Entrant has read, understands, agrees to, and will follow the Rules. Entrant further represents and warrants that Entrant’s Entry Materials and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Entry Materials) are wholly original with such Entrant and are not a copy or imitation of any other material or Entrant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, patent, right to ideas, etc.) of any person or entity and the use thereof will result in no third-party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim, or dispute that might give rise to litigation, which does or could in any way adversely affect, prejudice, impair, or diminish the rights granted hereunder or the value thereof. Entrant further represents and warrants that Entrant has the right to agree to and fully perform consistent with these Rules and that Entrant has obtained all permissions, licenses, and consents that are necessary for the submission of the Entry Materials and the use of the Entry Materials and to verify compliance with the foregoing requirements. Entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses, and consents. Sponsor reserves the right, in its sole discretion, to disqualify and/or not post any Entry Materials that Sponsor determines do not comply with these Rules, or to make such changes (or to require the Entrant to make such changes) to any Entry Materials as are necessary to make them compliant with these Rules. Entrant further acknowledges and agrees that Entrant has not previously granted or assigned to any third party, or otherwise encumbered, the Entry Materials, or any images, text, or materials depicted therein. Further, Entrant represents and warrants that Sponsor’s use of any Entry Materials, including any images, text, and materials depicted therein, shall not violate any agreement between such Entrant and another party. Entrant agrees to indemnify, defend, and hold the Released Parties harmless from and against any third-party claims to the extent arising out of or relating to any breach of any representation, warranty, or covenant made by Entrant in connection with Entrant’s acceptance of these Rules or Promotion activities.
- Limited License from Sponsor to Use Sponsor Content. If the Initial Rules direct or permit Entrant to include Sponsor’s name, trademarks, or video game or other content (“Sponsor Content”) in Entrant’s Entry Materials, Sponsor grants each Entrant a non-exclusive, revocable, limited license to use the Sponsor Content solely in connection with the development and submission of Entrant’s entry to the Promotion (including any entry-sharing functionality made available by Sponsor for viral distribution of the Sponsor Content). Any other use of Sponsor Content is prohibited and may be grounds for disqualification and/or legal action for infringement or other causes of action. All use of Sponsor’s name and intellectual property, including any Sponsor Content, by Entrant in connection with the Promotion will inure solely to the benefit of Sponsor. All derivative works based on or using Sponsor’s intellectual property will be the sole and exclusive property of Sponsor. Entrant acknowledges that as between Sponsor and Entrant, Sponsor is the owner of all right, title, and interest in and to all copyrights, trademarks, trade-dress, and other rights associated with Sponsor’s name, intellectual property, games, services, products, and product designs, and the goodwill pertaining to all of the foregoing. Entrants agree that they will not acquire and will not claim any title to any of the foregoing and will make no use of the same following the conclusion of the Promotion. If Sponsor shall desire to secure additional assignments, certificates of engagement for the Entry Materials, or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Rules, then Entrant agrees to sign the same upon Sponsor’s request therefor.
- Use of Entrant’s and Winner’s Name, Likeness, Etc. Except where prohibited by law, entry into the Promotion constitutes the right and permission for Sponsor and Sponsor’s affiliates and licensees to use the Entrants’ and Winner(s)’ names, account names, avatars, profile images, likenesses, prize information, and/or other information (including, but not limited to, anything included in the Entry Materials) (collectively, “Name and Likeness”) in connection with the Promotion in all forms of media and by any and all means (now and hereafter known), and on and in connection with related products, services, advertising, and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice, or consideration, except for the awarding of the prize(s) to the Winner(s). As a condition of being awarded any prize, except where prohibited by law, Winner(s) may be required to execute a further consent to the use of their Name and Likeness for promotional purposes without further permission or compensation. Entrant hereby warrants and represents that Entrant owns all rights to Entrant’s Name and Likeness. Except where prohibited by law, Sponsor or Sponsor’s affiliates may publicly announce or display the Name and Likeness of the Entrants and the Winner(s), and may publicly display all Entry Materials on Sponsor’s webpage, Sponsor’s social media channels, or elsewhere online or offline. Entrant gives consent for Sponsor to obtain and deliver Entrant’s name, address, and other information to third parties for the purpose of administering the Promotion and to comply with applicable laws, regulations, and rules. Any information Entrant provides to Sponsor may be used to communicate with Entrant in relation to the Promotion or on a Promotion winners’ list.
- Governing Law and Venue. To the extent permitted by law, all issues and questions concerning the construction, validity, interpretation, and enforceability of the Rules or the rights and obligations of the Entrants, Sponsor, or Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. If either: (i) the Entrant is not a legal resident of the United States or (ii) the arbitration provisions of Section 22 do not apply to the Entrant for any reason, then Entrant agrees to the exclusive jurisdiction and venue of the courts of Los Angeles, California for any disputes arising out of the Rules or the Promotion. If Entrant is a legal resident of Canada, and if the above clause establishing Los Angeles, California as the exclusive jurisdiction and venue for disputes arising out of these Rules or the Promotion is found to be invalid or unenforceable for any reason, Entrant agrees to the exclusive jurisdiction and venue of the courts of Montreal, Canada.
- Limitation of Liability. SOME JURISDICTIONS (INCLUDING QUEBEC) MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE FOLLOWING MAY NOT APPLY TO YOU.BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (B) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
- U.S. Residents Are Subject To Binding Arbitration. This Section 22 applies only to legal residents of the United States of America. The Sponsor and the Entrants each agree to finally settle all disputes arising out of or related to the Promotion only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action, or proceeding arising out of or relating to the Promotion shall be resolved solely by binding arbitration at a venue in Los Angeles, California, United States, before a sole neutral arbitrator under the streamlined Arbitration Rules Procedures in effect as of the first day of the Promotion Period of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration,” then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. Notwithstanding anything to the contrary in this Section 22, the JAMS consumer arbitration minimum standards will apply if Entrant is a “consumer” as defined by JAMS, which standards include the right to an in-person hearing in Entrant’s hometown area. The federal or state law that applies to these Rules will also apply during the arbitration. Where permitted by the arbitrator, each party to the arbitration may appear at an arbitration proceeding by telephone. Entrant and Sponsor will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules. If applicable arbitration rules or laws require Sponsor to pay a greater portion or all of such fees and costs in order for this Section 22 to be enforceable, then Sponsor will have the right to elect to pay the fees and costs and proceed to arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. If Entrant prevails in a claim against Sponsor, then Sponsor agrees to reimburse Entrant for all arbitration fees (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing and excluding all attorneys’ fees and costs). The arbitrator’s decision must consist of a written statement stating the disposition of each claim and must provide a statement of the essential findings and conclusions on which the award (if any) is based. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties. This section does not preclude either party from seeking remedies in small claims court for disputes within the scope of such court’s jurisdiction.
- Force Majeure and other Amendments/Modifications. Sponsor reserves the right to change, suspend, or cancel the Promotion if, in Sponsor’s sole discretion, intervening circumstances warrant such change, suspension, or cancellation. Intervening circumstances include, but are not limited to, strikes, labor disputes, war, insurrections, revolutions, terrorism, riots, or other civil disturbances, earthquakes, fires, floods, or other natural disasters, governmental restrictions, embargoes, or other exercises of governmental authority, unavailability of supplies, components, or materials, viruses, network disruptions, bugs, or unauthorized human intervention, or any other cause beyond Sponsor’s control.
Sponsor reserves the right to amend the terms and conditions set forth in the Rules without notice for any other reason; however, the remaining terms in the Rules remain in full force and effect, and all rights and obligations set forth herein and any amendments shall be binding upon Sponsor, Entrants, and Winner(s), should such change take place.
- Taxes, Costs, Fees, and Compensation. It is each Winner’s sole responsibility to file winning prizes with the appropriate tax authorities or other governmental entities, should the Winner be required by law to do so. ALL APPLICABLE TAXES, OR OTHER COSTS OR FEES, ASSOCIATED WITH ENTERING THE PROMOTION OR THE RECEIPT OR USE OF ANY PRIZE(S) ARE THE SOLE RESPONSIBILITY OF THE ENTRANTS AND THE WINNER(S).
IN NO EVENT WILL PROMOTION ENTRANTS OR WINNER(S) BE ENTITLED TO ANY FEE, ROYALTY, OR OTHER COMPENSATION (OTHER THAN THE PRIZE FOR WINNER(S)) OF ANY KIND AS A RESULT OF THE PROMOTION. BY ENTERING, EACH ENTRANT (AND, IF A MINOR, ENTRANT’S PARENT OR LEGAL GUARDIAN) IRREVOCABLY WAIVES ANY RIGHT TO COMPENSATION FOR SPONSOR’S AND SPONSOR’S AFFILIATES’ USE OF SUCH ENTRANT’S ENTRY MATERIALS AND NAME AND LIKENESS IN ACCORDANCE WITH THESE RULES.
Each Entrant and Winner should consult with professional financial, legal, and/or other advisors, if necessary.
The Winner(s) may be required to provide Sponsor with a valid tax identification number or social security number (if residing in the U.S.) before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner(s), or if a minor in the jurisdiction in which Entrant resides, in the name of Entrant’s parent or legal guardian, for the actual value of the prize(s) received.
- Legal Compliance. Each Entrant and Winner shall comply with all applicable laws and regulations at all times.
- Applicable Terms of Service and Privacy Policies. By participating in the Promotion, Entrant agrees to be bound and abide by Sponsor’s terms of service, privacy and cookies policies, and all other applicable terms of service and policies. Such policies can be reviewed at the Sponsor’s website. Entrant further agrees to be bound and abide by the terms of service, privacy policies, and all other applicable terms of service or policies of any entity that Entrant may or must use in connection with Entrant’s entry in the Promotion. To the extent of a conflict between such policies and terms outlined in this Section and these Rules, these Rules will govern and control in all respects.
- Additional Terms for Social Media Promotions. The following additional terms apply only if the Promotion involves the use of Facebook, Twitter, Instagram, Snapchat, Twitch, YouTube, Tumblr, Pinterest, or any other social media platform or online service (each, a “Social Media Platform”): (i) the Social Media Platform’s owner (e.g., Facebook, Inc. for Facebook, Twitter, Inc. for Twitter, Instagram, LLC for Instagram, Snap, Inc. for Snapchat, Twitch Interactive, Inc. for Twitch, Alphabet, Inc./Google for YouTube, Tumblr, Inc. for Tumblr, Pinterest Inc. for Pinterest, etc.) (the “Social Media Platform Owner”) and any of its respective parent companies, subsidiaries, affiliates, directors, officers, shareholders, employees, agents, vendors, and agencies shall be “Released Parties” for purposes of these Rules; (ii) the Promotion is in no way sponsored by, endorsed by, administered by, or associated with the Social Media Platform or the Social Media Platform Owner; (iii) Entrant’s 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 Promotion Period (if applicable); (iv) Entrant shall not create or use multiple accounts with the same Social Media Platform in connection with a single Promotion and anybody found to use multiple accounts in connection with a single Promotion will be ineligible to enter or win the Promotion; (v) Entrant shall not post duplicate, or near duplicate, updates or links to Entrant’s Social Media Platform account and Entrant shall not submit multiple entries per account in a single day; (vi) if applicable, Entrant must “follow,” “friend,” “like,” etc. (depending on the Social Media Platform) the relevant Sponsor/Promotion account or post (depending on the Social Media Platform) prior to submitting an entry to ensure Sponsor or Sponsor’s delegate is able to view the entry and contact the Entrant (if necessary); (vii) Entrant must not inaccurately tag user content (for example, Entrant must not tag him/herself in a photo if Entrant is not actually in the photo); (viii) Entrant must agree to and comply with the Social Media Platform and the Social Media Platform Owner’s terms of service, privacy policies, and all other applicable policies and terms (including, for YouTube, the YouTube Community Guidelines currently available at http://www.youtube.com/t/community_guidelines); (ix) if the Promotion is on Tumblr, Entrant understands that by entering the Promotion Entrant is giving information to Sponsor and not Tumblr and that all Entrants must be at least eighteen (18) years old; and (x) if the Promotion is on Pinterest, Entrant must include the word “contest” or “sweepstakes” (as appropriate) in the descriptions or images when Entrant saves Pins for the Promotion. The Released Parties are not responsible for any changes or unavailability of the Social Media Platform used for purposes of administering the Promotion that may interfere with the Promotion (including any limitations, restrictions, or conditions on Sponsor’s ability to use the Social Media Platform for the Promotion as set forth herein) or ability of Entrant to timely enter the Promotion, receive notices, or communicate with Sponsor via the Social Media Platform, in which case Sponsor, in its sole discretion, may terminate or modify the Promotion.
- If the Sponsor is Square Enix, Inc.: https://square-enix-games.com/en_US/documents/privacy
- If the Sponsor is Crystal Dynamics, Inc.: https://square-enix-games.com/en_US/documents/privacy
- If the Sponsor is Eidos Interactive Corp.: https://square-enix-games.com/en_US/documents/privacy
- If the Sponsor is Square Enix Limited: https://square-enix-games.com/en_GB/documents/privacy
- If the Sponsor is Square Enix LLC: https://square-enix-games.com/en_US/documents/privacy
- Copyright Notice. The Promotion, Initial Rules, Sponsor Content, and all accompanying materials are copyright by Sponsor unless otherwise indicated. These Additional Rules are copyright by Square Enix, Inc. All Rights Reserved.
- Winners’ List/Promotion Rules Request. For a copy of the Winners’ list, send a stamped, self-addressed, business-size envelope within three (3) months after the Deadline to Sponsor at the address listed below (Attention: Legal Department - Winners’ List) and provide the name, date, and URL of the Promotion. Winners’ lists may not identify Winners that are residents of certain jurisdictions if disclosure of such information is prohibited by applicable law. To obtain a copy of the Rules, send a stamped, self-addressed, business-size envelope within two (2) months after the Deadline to Sponsor at the address listed below (Attention: Legal Department - Promotion Rules) and provide the name, date, and URL of the Promotion.
- Document Hierarchy. If there is any conflict between the Initial Rules and the Additional Rules, the Initial Rules shall control.
- Sponsor. The “Sponsor” of the Promotion is the entity indicated in the Initial Rules or, if no entity is indicated, the entity that posted the Promotion and the Initial Rules. Correspondence regarding the Promotion or the 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. Sepulveda Blvd., 3rd Floor
El Segundo, CA 90245
- 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. Sepulveda Blvd., 3rd Floor
El Segundo, CA 90245
- 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. Sepulveda Blvd., 3rd Floor
El Segundo, CA 90245
- If the Sponsor is Square Enix Limited, to:
Square Enix Limited
Attention: Legal – Promotion Inquiry (Square Enix Limited)
240 Blackfriars Rd.
London SE1 8NW
- If the Sponsor is Square Enix LLC, to:
Square Enix LLC
Attention: Legal – Promotion Inquiry (Square Enix LLC)
999 N. Sepulveda Blvd., 3rd Floor
El Segundo, CA 90245
- If the Sponsor is any other entity, to:
Square Enix, Inc.
Attention: Legal – Promotion Inquiry (Unknown Sponsor)
999 N. Sepulveda Blvd., 3rd Floor
El Segundo, CA 90245
- If the Sponsor is Square Enix, Inc., to: