PREAMBLE
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN ANY WARGAMING (USA) INC. SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS VOID WHERE PROHIBITED BY LAW.
- THIS SWEEPSTAKES IS OPEN ONLY TO INDIVIDUALS (1) WHO ARE RESIDENTS OF A JURISDICTION WHICH DOES NOT PROHIBIT THE CONDUCT OF, OR THEIR PARTICIPATION IN, THIS SWEEPSTAKES, AND (2) WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE AT THE TIME OF ENTRY. PARTICIPANTS MUST ALSO MEET THE OTHER ELIGIBILITY REQUIREMENTS SET FORTH IN SECTION 4 BELOW.
- BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT CERTIFIES THAT HE/SHE MEETS ALL ELIGIBILITY REQUIREMENTS AND AGREES TO ACCEPT AND BE BOUND BY ALL TERMS OF THESE OFFICIAL SWEEPSTAKES RULES (“OFFICIAL RULES”). If you do not agree to be bound by the official rules, you may not participate in this SWEEPSTAKES.
- DEPENDING ON WINNER’S JURISDICTION OF RESIDENCE, PRIOR TO RECEIVING ANY PRIZE OR AWARD (EXCEPT A PRIZE OF IN-GAME CURRENCY), WINNERS MAY BE REQUIRED TO SUBMIT CERTAIN TAX REPORTING AND/OR OTHER PAPERWORK DETAILED BELOW. WINNERS MUST PAY SHIPPING AND HANDLING[1] COSTS AND ANY EXPORT FEES AND DUTIES NECESSARY TO TRANSMIT AWARDS TO RESIDENTS OUTSIDE OF THE CONTINENTAL UNITED STATES.
- YOUR PARTICIPATION IN THIS SWEEPSTAKES REQUIRES YOU TO ACCEPT THE END USER LICENSE AGREEMENT: WORLD OF TANKS. IF YOU DO NOT AGREE TO THE TERMS OF THE END USER LICENSE AGREEMENT, YOU MAY NOT PARTICIPATE IN THE SWEEPSTAKES AND MAY NOT CONTINUE USING AND/OR PLAYING WORLD OF TANKS (AS SPECIFIED IN OUR DETAILED RULES APPLICABLE TO THE SPECIFIC SWEEPSTAKES (“DETAILED RULES”)).
SWEEPSTAKES RULES
1. Sponsor
This sweepstakes (the “Sweepstakes”) is sponsored by Wargaming (USA), Inc. (the “Sponsor”), PO Box 202555, Austin, TX 78720.
2. Sweepstakes Dates
ENTRIES WILL BE ACCEPTED ONLY DURING THE ENTRY PERIOD IDENTIFIED IN OUR DETAILED RULES(the “Entry Period”).In these Official Rules and Detailed Rules, all times are Pacific times in the USA.
3. Description of the Prize
Subject to these Official Rules, the winning participant will receive the prize(s) described in the Detailed Rules (each, a “Prize”).
4. Eligibility
(a) Participation in this Sweepstakes is open only to individuals who enter in accordance with Section 5 of these Rules and provide all other eligibility requirements listed in the Detailed Rules.
(b) Notwithstanding the foregoing, the following are NOT ELIGIBLE to participate in this Sweepstakes: (i) employees, officers, directors and agents of Sponsor and/or Sponsor’s licensees (the “Sponsor Agents”); (ii) parents, spouses, children, brothers and sisters and their respective spouses of Sponsor Agents; and (iii) individuals living in the same household as Sponsor Agents, whether or not related.
(c) Each Entrant is responsible for providing accurate information as to his/her name, age, residential mailing address, email address and phone number. Individuals that provide information reasonably determined by Sponsor (in its sole discretion) to be incomplete, false or deceptive, will be ineligible to participate or (if they have already participated) to win the Sweepstakes.
5. How to Enter
To enter, an eligible individual must meet the Entry Criteria from Detailed Rules and enter during the Entry Period.
6. Entrant’s Certification as to His/Her Entry
By entering, each entrant represents and warrants that his/her entry (and each element thereof): (i) complies with these Official Rules, and End User License Agreements applicable to Sponsor games themselves, and the Terms of Use of Sponsor’s Website; (ii) is true, accurate and correct.
Entrant acknowledges and agrees that Sponsor reserves the right to disqualify any entries that, in Sponsor’s sole discretion, (a) include trademarks, logos, or copyrighted material not owned by entrant or used without permission (such as company names, music, photographs, works of art or images published on or in websites, television, movies or other media); (b) refer to public figures; (c) contain vulgar language, profanity, sexual content, content promoting the use of tobacco, alcohol, illegal drugs, firearms or weapons, content expressing or fomenting hate of any kind (including racism or sexism), content that promotes violence or harm to other living creatures, or any other offensive, obscene or inappropriate content; (d) promote a political agenda regardless of the political affiliation and regardless of Sponsor’s treatment of other entries that may or may not promote a political agenda; (e) misrepresent, defame or contain disparaging remarks about other people or companies; or (f) contain materials embodying the names, likenesses, photographs or other identifying elements of any person, living or dead, without submitted express written permission.
7. Receiving a Sweepstakes Prize
(a) Each entry received by one or more of the permissible entry methods will remain in a prize eligible pool until the end of the Sweepstakes. From this pool, the Sponsor will randomly select winners of Prizes from among all eligible entries received on the dates indicated in the Detailed Rules. The odds of winning depend on the number of eligible entries received for the Sweepstakes.
(b) Potential winners will be notified by the method identified in the Detailed Rules. A potential Prize winner may be required to sign the following documents (the “Prize Claim Documents”) and return them via facsimile or email (by .pdf file attachment) within five (5) days of attempted notification (and subsequently return the original, unmodified, executed documents by mail to Sponsor’s address set forth above) [2]: (i) a W9 tax form; (ii) an Affidavit (or, where applicable, Declaration) of Eligibility and Liability Waiver; and (iii) where lawful, a Personal Release. Sponsor reserves the right to substitute prizes for a less valuable prize upon the request of the participant. If the Prize Claim Documents sent to the potential Prize winner by any means are returned as undeliverable, or if the potential Prize winner fails or refuses to properly sign and return all Prize Claim Documents within the above-stated time period, or if the potential Prize winner (and/or his/her entry content) is determined by Sponsor (in Sponsor’s sole discretion) to be ineligible or not in compliance with these Official Rules, the potential Prize winner will be disqualified and alternative entry may be selected as the potential Prize winner. In the event that a randomly-selected winner declines his or her prize for any reason, including to accept a prize of lesser value, the Sponsor may select any entry from the Sweepstakes in its sole discretion, (each an “Alternative Entrant”) and offer the declined prize to that Alternative Entrant, in each case in Sponsor’s sole discretion. Sponsor reserves the right to select an Alternate Entrant for any prize no more than three times after which such prize will remain unawarded, at Sponsor’s sole discretion.
(c) Prizes are non-assignable and nontransferable and cannot be redeemed for cash. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Winners are responsible for all federal, state & local taxes as well as any costs and expenses associated with prize acceptance and use not specified herein as being provided. Winners may not substitute a prize, but Sponsor reserves the right, at its sole discretion, to substitute a prize with one of comparable or greater value. All prize details are at Sponsor’s sole discretion. Any specific prize limitations or restrictions will be set forth in the Detailed Rules.
(d) At the end of the Sweepstakes, in Sponsor’s sole discretion, all Entry-related materials may remain posted and available for viewing on Sponsor’s website. If required, Entrant hereby grants to Sponsor a perpetual, irrevocable license to use and display the contents of any entry materials for commercial or non-commercial purposes as set forth in Section 9 below.
8. Administration of the Sweepstakes
The Sweepstakes Administration will be as set forth in the Detailed Rules.
9. Permissions
(a) Entrant grants Sponsor and its partners the right to use his or her names and certain personal information they communicate to Sponsor or its partners in Sponsor’s business and marketing efforts as set forth in Sponsor’s privacy policy available at http://legal.na.wargaming.net/en/privacy-policy/.
(b) By entering this Sweepstakes, each entrant grants to Sponsor and its licensees (if any) the irrevocable, perpetual, royalty-free, non-exclusive, transferable and sublicensable right and license to use, display, copy, edit, modify, create derivative works of, publish, distribute and otherwise exploit the content of, and elements embodied in, his/her entries in any and all media, including but not limited to digital and electronic media, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, in any broadcast outlet and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further approval or consideration.
10. Grant of Rights with respect to Entrants
By entering this Sweepstakes, 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 manner, in any and all 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.
11. Waiver and Release of Liability by Entrants
(a) By entering this Sweepstakes, 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 the Sponsor Agents, and each of their successor 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 Entries or entry materials, 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 Sweepstakes, the award, acceptance, possession, use or misuse of the Prize and/or on the grounds that any use of any user-generated content, or any derivative works thereof, infringes or violates any rights of entrant therein.
(b) None of the Sponsor Agents 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) 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 Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize, or in any Sweepstakes-related materials, (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 entry materials.
(c) BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES AND/OR THE AWARD, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE AWARDED IN THIS SWEEPSTAKES.
(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 Sweepstakes, 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 these Sweepstakes Rules shall include claims known or unknown, and unknown and unsuspected.
12. Tampering
(a) Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating any person, who Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with Sponsor’s Website and/or any part of the Sweepstakes; (ii) attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other participants or Sponsor’s Agents; and/or (iv) otherwise violating these Official Rules or the Terms of Use of Sponsor’s Website.
(b) 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 SWEEPSTAKES 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 MATERIALS, OR THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS SWEEPSTAKES.
13. Sponsor’s Right to Void Entry Submission and Terminate this Sweepstakes
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 Sweepstakes, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Sweepstakes, the Sponsor reserves the right to void suspect entry submissions and/or evaluations and/or terminate the Sweepstakes and award the Prize 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. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified subject to the Sponsor’s discretion.
14. Identification of Winners
To the extent permitted or required by law, the Prize winner(s)’ first name and last initial, city and state of residence may be obtained by sending a self-addressed, stamped envelope, sixty (60) days after the announcement of the Prize winner, to: PO Box 202555, Austin, TX 78720. Please specify “ATTN: WINNER REQUEST: [Title] SWEEPSTAKES” on the envelope. Only one request per envelope. Such information will be available only for one (1) year after the award of the Prize.
15. General Terms
(a) This Sweepstakes 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 to comply with these Official Rules, the Terms of Use of Sponsor’s Website [WORLD OF TANKS ] and the Sponsor’s Privacy Policy. Any claims relating to this Sweepstakes must be resolved in the state or federal courts of CALIFORNIA.
(b) BY ENTERING, ALL ENTRANTS AGREE TO BE BOUND BY THE DECISIONS OF SPONSOR, IN CONNECTION WITH THIS SWEEPSTAKES.
(c) In order to validly enter and in order to claim the Prize, entrants may be required to provide Sponsor with certain personally identifiable information 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/content/docs/privacy_policy/, in accordance with the terms set forth in that Privacy Policy and as specifically described (or licensed) in these Official Rules. Entrants wishing that the Sponsor not contact them via postal mail, electronic mail and/or by telephone (except in connection with this Sweepstakes 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 Sweepstakes and as permitted or required by law and that a winner may not opt out of providing any required documentation necessary, tax or otherwise, 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.
[1] Note that handling fees (exclusive of shipping fees) should not exceed $1.50.
[2] Affidavits of eligibility may be required to verify age unless we have another means of doing so. If we need persons under 18 to be allowed to participate, please call me to discuss.
