15 Year Anniversary Livestream Legalese
Contest Rules
Preamble
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. VOID WHERE PROHIBITED BY LAW.
DUE TO LEGAL RESTRICTIONS, THIS CONTEST IS FOR UNITED STATES RESIDENTS ONLY.
To enter without participating in our chat room, please send a card with your full name and address to:
Wargaming.net
ATTN: 15th Contest Administration
1480 64TH ST STE 300
EMERYVILLE, CA 94608-1186
United States
To enter by participation, please be present on www.twitch.tv/wargaming during the event on August 9th, 2013. Contest submissions will not be accepted after this date.
Viewers who are actively involved in the chat room discussion during any given 15 minute segment will be automatically entered to win, assuming legal guidelines are met.
PRIOR TO RECEIVING ANY CASH PRIZE OR AWARD IN THIS GIVEAWAY, WARGAMING MAY REQUIRE WINNERS TO SUBMIT A COMPLETED W9 FORM. ANY WINNER WHO DOES NOT COMPLETE AND SUBMIT A VALID W9 FORM WILL FORFEIT HIS/HER PRIZE. WARGAMING WILL NOT SHIP PRIZES TO ADDRESSES OUTSIDE THE UNITED STATES.
YOUR PARTICIPATION IN THIS GIVEAWAY REQUIRES YOU TO ACCEPT THE [END USER LICENSE AGREEMENT] OF OUR WORLD OF TANKS GAME. IF YOU DO NOT AGREE TO THE TERMS OF THE [END USER LICENSE AGREEMENT], YOU MAY NOT PARTICIPATE IN THE GIVEAWAY AND MAY NOT CONTINUE USING AND/OR PLAYING WORLD OF TANKS. IN ADDITION, BY PARTICIPATING IN THE GIVEAWAY, YOU AGREE TO THE FOLLOWING:
Grant of Rights with respect to Entrants: By entering this Giveaway, each entrant grants Sponsor and its licensees the right to use the entrant’s name, image, likeness, voice, photograph, statements and/or prize information, and/or any portion of any of the foregoing, for promotional, advertising and/or publicity purposes in any media, now or hereafter known, throughout the world and in perpetuity, without compensation or notice to, or further consent of, the entrant, to the extent permitted by law.
Waiver and Release of Liability by Entrants: (a) By entering this Giveaway, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, and without further compensation of any kind, waives and releases Wargaming, and each of their successors and assigns, from any and all claims that he/she may now or hereafter have in any jurisdiction based on "moral rights" or unfair competition with respect to Sponsor’s and/or Sponsor’s licensees’ exploitation of Giveaway content, including any materials submitted to Wargaming in the course of the Giveaway, and each entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against any Sponsor Agents, any of their heirs, successors, assigns, agents and representatives, or any other person, in connection with this Giveaway, the award, acceptance, possession, use or misuse of the prize and/or on the grounds that any use of any Giveaway content, including any materials submitted to Wargaming in the course of the Giveaway, or any derivative works thereof, infringes or violates any rights of entrant therein.
(b) neither Wargaming nor its agents (“Sponsor”) shall have any obligation, responsibility or liability with respect to: (i) notifications, communications or materials sent from an entrant to Sponsor or from Sponsor to an entrant, that are lost, late, misdirected, garbled, inaccurate, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, post office or technical error of any kind, (ii) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties, (iii) power-related or weather-related events of any kind, and/or to any events not under Sponsor’s direct control, (iv) entries or other communications from entrants that contain inaccurate information or do not comply with these Official Rules, (v) errors, omissions, interruptions, deletions, defects, delays in operation or transmissions, theft, destruction, unauthorized access or alterations by entrant or third parties, and/or (vi) any damage to entrant’s computer system that occurs in connection with accessing Sponsor’s Website and/or submitting an Entry Video.
(c) BY ENTERING THE GIVEAWAY, EACH ENTRANT, ON BEHALF OF HIMSELF/HERSELF AND HIS/HER HEIRS, SUCCESSORS, ASSIGNS, AGENTS AND REPRESENTATIVES, RELEASES EACH SPONSOR AGENT, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM AND OF ANY AND ALL CLAIMS AND DAMAGES ARISING OUT OF THEIR PARTICIPATION AND/OR ENTRY IN THIS GIVEAWAY AND/OR THE AWARD, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE AWARDED IN THIS GIVEAWAY.
(d) Waiver of California Civil Code Section 1542. Further, entrants are advised that California Civil Code § 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By entering this Giveaway, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, elects to waive the benefits of its provisions, with the intent that this release and waiver of liability in Section 9(b) and (c) shall include claims known or unknown, and unknown and unsuspected.
ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE OR ANY OF SPONSOR’S GAMES (OR ANY PART OF EITHER) OR UNDERMINE THE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH ENTRANT’S ENTRY VIDEO, OR THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS GIVEAWAY.
Sponsor’s Right to Terminate this Giveaway: If, in Sponsor's opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Giveaway, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Giveaway, the Sponsor reserves the right to void suspect entries and/or terminate the Giveaway in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or evaluate repeatedly is prohibited.
General Terms: This Giveaway is subject to these Official Rules and is governed by the laws of the State of California without reference to its rules concerning conflicts or law. By entering, each entrant agrees (and if the entrant is a United States resident who is under eighteen (or under the age of majority in his/her state of residence), his/her parent and/or legal guardian agrees) to comply with these Official Rules, the Terms of Use of Sponsor’s Website and the Sponsor’s Privacy Policy posted at [http://worldoftanks.com/en/privacy_policy]. Any claims relating to this Giveaway must be resolved in the state or federal courts of CALIFORNIA.
In order to validly enter and in order to claim the Prize, entrants are required to provide Sponsor with certain personally identifiable information ("PII") such as name, residential address, telephone number, social security number, email address and/or other contact and/or tax information. Such information may be used for the purposes set forth in the Sponsor’s Privacy Policy, located at [http://worldoftanks.com/en/privacy_policy], in accordance with the terms set forth in that Privacy Policy or as specifically described in these Official Rules. Entrants (and, for entrants under 18 years of age, their parents or legal guardians) wishing that the Sponsor not contact them via postal mail, electronic mail and/or by telephone (except in connection with this Giveaway and/or as otherwise set forth in the Privacy Policy) may elect to opt-out of such disclosures (i.e., they may direct Sponsor not to make those disclosures other than those as to which "opting out" is not permitted) by following the procedure set forth in Sponsor’s Privacy Policy (except that contact shall be permitted in connection with this Giveaway and as permitted or required by law and that a winner may not opt out of providing a W9 form to claim his/her prize).
(d) The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
(e) All taxes, fees and surcharges on the Prize are the sole responsibility of the Prize winner. In the event that the selected winner of the Prize is ineligible or refuses the Prize, the Prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the Prize to another entrant in the Giveaway.
