Infinite Crisis IC Razer MAY-hem: US Contest Rules
INFINITE CRISIS SPRING PROMOTION #2
2014 OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS PROMOTION. A PURCHASE OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.
VOID IN QUEBEC AND WHEREVER PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE PROMOTION, ENTRANTS (AND A MINOR ENTRANT’S PARENT OR LEGAL GUARDIAN ON MINOR’S BEHALF) AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, A CLASS ACTION WAIVER, A MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. NOTE TO CHILDREN/MINORS: YOU MUST ASK YOUR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND HELP TO ENTER. EACH MINOR WINNER’S PARENT/LEGAL GUARDIAN WILL BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND REQUIRED TO EXECUTE THE PRIZE ACCEPTANCE DOCUMENTS OR THE PRIZE WON BY A MINOR MAY BE FORFEITED. 1. Eligibility. The Infinite Crisis Spring Promotion #2 (the “Promotion”) is open only to individuals (not groups) who are legal residents and physically located in the 50 United States or the District of Columbia and Canada (excluding Quebec), who are at least thirteen (13) years of age at the time of entry or older. Employees, officers and directors of Turbine, Inc. (“Sponsor”, “us” or “we”), and its parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers including consultants (collectively, the “Promotion Entities”), and each of such employees’, officers’ 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 this 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. By entering or participating in the Promotion, entrants (and a minor entrant’s parent or legal guardian on a minor’s behalf) agree to be bound by these “Official Rules” and the decisions of Sponsor, which are binding and final on matters relating to this Promotion, including, without limitation, interpretation of the Official Rules. Each minor entrant’s parent or legal guardian agrees to be bound by these Official Rules both individually and on behalf of the minor entrant. Void in Quebec and wherever prohibited by law.
Promotion Dates. The Promotion begins on 12:01 a.m. Eastern Time (“ET”) on May 8, 2014 and ends on 11:59 p.m. ET on May 14, 2014 (“Promotion Period”).
Alternate Method of Entry. To enter the Promotion without becoming a registered user of the Promotion Website, downloading and playing the Game, please send a 3” x 5” card with your full name, email address, and birth date and mail it with postage affixed, to Infinite Crisis Spring Promotion #2 c/o Turbine, Inc., 117 Kendrick Street, Suite #300, Needham, Massachusetts 02494. Mail-in entries must be postmarked by May 14, 2014 and received by May 19, 2014 in order to be eligible for the Promotion.
An Entry may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Promotion Website and elsewhere in these Official Rules. For purposes of this Promotion, an online entry is “received” when the Promotion Website’s servers record the entry information and submission. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Promotion. The database clock of Sponsor’s Promotion Website will be the official timekeeper for the Promotion. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of Sponsor and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the entrant.
In the event of a dispute as to the identity of any entrant who submits an entry, the entry will be deemed submitted by the holder of the e-mail from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an e-mail address or username by the entity responsible for assigning it (e.g., Yahoo). Winners (defined below) may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries.
- Representations, Warranties and Indemnity. By entering the Promotion, each entrant represents and warrants that he or she has read, understands, agrees to and will follow the Official Rules. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules. Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third party claim, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Promotion activities.
- Choosing and Notification of Winners. Sponsor will be choosing Winners via a random draw on or around May 20, 2014. The potential Winners will be notified by email or other method (as selected by Sponsor) on or about the aforementioned dates unless extended by Sponsor. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email or other electronic message. The potential Winners may be required to execute and return an affidavit of eligibility, a liability release, a publicity release and services and performances agreements (collectively, “Prize Acceptance Documents”) within five (5) calendar days of the date of issuance, as determined by Sponsor in its sole discretion. If such documents are not returned within the specified time period or a prize or prize notification is returned as undeliverable or Sponsor is unable to contact a potential Winner or a potential Winner is not in compliance with these Official Rules, the prizes will be forfeited and, at Sponsor’s discretion, an alternate winner(s) selected. Parents or legal guardians of a winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) or their territory/providence (which age of majority varies depending on location in Canada) may be required to also sign the Prize Acceptance Documents in order for the Winner to be qualified to receive their prizes. FOR CANADIAN ENTRANTS ONLY: Before being declared a Winner, selected potential winners must correctly answer a time-limited, mathematical skill-testing question, without assistance of any kind, whether mechanical or otherwise, in order to be declared a Winner. The skill-testing question will be administered at a mutually convenient time by telephone. If selected Entrant incorrectly answers the skill-testing question, he/she will be disqualified and forfeits his/her right to the Prize.
Non-compliance shall result in disqualification and award of the prizes to an alternate winner. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners.
Prizes and Values.
(A) One (1) Grand Prize: Sponsor will be awarding the Grand Prize Winner one (1) Razer Blade laptop. The total approximate retail value (“ARV”) for the Grand Prize is $1,999.99 (USD) or $2,019.99 (CAD). CANADIAN ENTRANTS ONLY: Total ARV for all Prizes is subject to current daily exchange rates.
Terms Applicable to All Prizes: Prize manufacturers and providers do not necessarily endorse the Promotion or Promotion Entities. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a Winner with his/her prizes, the Sponsor may elect, to provide Winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a Winner engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a prize, including ending a trip (if applicable) or other applicable experience early. The Winners are strictly prohibited from selling, auctioning, trading or otherwise transferring the tickets unless Sponsor consents in writing. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize Winners (or a minor Winner’s parent or legal guardian) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The approximate retail value (“ARV”) of the prizes 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. The Winners (or a minor Winner’s parent or legal guardian) may be required to provide Sponsor with a valid social security number or tax identification number before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. The total ARV of all of the prizes awarded in this Promotion is $1,799.99 (USD) or $1,985.75 (CAD). Prizes will only be mailed to each verified Winner’s physical mailing address (no P.O. Boxes) in one (1) of the 50 United States or the District of Columbia or Canada (excluding Quebec), except in Sponsor’s sole and absolute discretion.
General Conditions. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Promotion Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to participants’ or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the Promotion Website. Persons who tamper with or abuse any aspect of the Promotion or Promotion Website or who are in violation of these Official Rules, as solely determined by Sponsor, may be disqualified and all associated entries voided, all in Sponsor’s sole judgment. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Promotion be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Promotion and, if terminated, at its discretion, select the potential Winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail or other account to receive messages. CAUTION: ANY ATTEMPT TO DAMAGE THE PROMOTION WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Release. By participating in the Promotion, entrants agree to release, discharge and hold harmless the Promotion Entities, Twitter, Facebook, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Promotion and/or related to 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, related to participation in the Promotion; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Promotion activity and/or prize). Without limiting the generality of the foregoing entrants agree that Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Promotion and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Promotion; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Promotion and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of entrants in connection with the Promotion, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. If entrant is an eligible minor, his/her parent or legal guardian must agree to these Official Rules, including, without limitation, this Section.
Publicity Release. Subject to applicable law, Winners irrevocably grant the Released Parties and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Promotion, in all forms of media and by any and all means and media (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 prizes to the Winners.
Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Promotion by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Promotion. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Promotion should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Promotion; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Promotion; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, or the 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 state’s laws.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) 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; (C) 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; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Disputes / Arbitration. The parties each agree to finally settle all disputes 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 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 this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures 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. If an in-person hearing is required, then it will take place in New York City, NY, Los Angeles, CA, (whichever is closest to entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the 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. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Promotion (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Promotion (or any website or any content or other materials used or displayed on the website used in connection with the Promotion).
Dates & Deadlines/Anticipated Number of Entrants. Because of the unique nature and scope of the Promotion, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any dates or deadlines set forth in these Official Rules or otherwise governing the Promotion. Sponsor cannot accurately predict the number of entrants who will participate in the Promotion.
List of Promotion Winners / Official Rules Requests. To receive any legally required list of the Winners, send a stamped self-addressed envelope prior to July 1, 2014, to: Infinite Crisis Spring Promotion #2 Winners List, Turbine, Inc., 117 Kendrick Street, Needham, Massachusetts 02494 U.S. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: Infinite Crisis Spring Promotion #2, Official Rules, Turbine, Inc., 117 Kendrick Street, Needham, Massachusetts 02494 U.S. prior to the end of the Entry Period. Vermont residents may omit return postage with Official Rules requests.
Identification of Sponsor. This Promotion is sponsored by: Turbine, Inc., 117 Kendrick Street, Needham, Massachusetts 02494 U.S. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Promotion.
INFINITE CRISIS © 2014 Warner Bros. Entertainment Inc. Developed by Turbine, Inc. All rights reserved. DC LOGO, and all characters, their distinctive likenesses, and related elements are trademarks of DC Comics © 2014
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter.
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