SWEEPSTAKES HAS ENDED
Sweepstakes Winner: William Bick
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU PARTICIPATE IN THIS SWEEPSTAKES.
BY PARTICIPATING IN “WILL YOU SURVIVE VS. THE XENOMORPH SWEEPSTAKES” (“Sweepstakes”) YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED HEREIN AS WELL AS THE ALIEN BLACKOUT WEBSITE TERMS OF USE AND PRIVACY POLICY AVAILABLE AThttps://d3go.com/legals/ AND ANY OTHER RULES OR TERMS OF WHICH GIVE YOU NOTICE IN CONNECTION WITH THE WILL YOU SURVIVE VS. THE SWEEPSTAKES (collectively, the “Terms”). IF YOU DO NOT AGREE TO THE TERMS, DO NOT PARTICIPATE IN THE SWEEPSTAKES.
Sweepstakes Period. The Sweepstakes will begin at 11:00 AM PST on March 26, 2019 and will end at 11:59 PM PST on April 1, 2019.
Sweepstakes Generally. No purchase is necessary for participating in this Sweepstakes. A purchase or payment will not increase your chance of winning. Sweepstakes and all entries are void where prohibited or restricted by law. One (1) NECA Alien – Foam Replica – Xenomorph Wall-Mounted bust will be awarded to one (1) Sweepstakes winner at the conclusion of the Sweepstakes Period. Prize may not be exchanged or redeemed for any cash value.
By creating a playable account for Alien: Blackout (“Player Account”) and participating in this Sweepstakes, the participant or the participant’s parent/legal guardian, if participant is deemed a minor in the place of his/her residence (the “Entrant”) hereby accepts, acknowledges and grants the irrevocable and unrestricted right to D3Publisher of America (“Company”) as well as its affiliated companies, parents, subsidiaries and each of the foregoing respective officers, directors, officials, employees, representatives, agents, licensees, partners, successors, assignees and sponsors (collectively with Company, the “Released Parties”), to use Entrant’s name, in-game name or online handle, picture, image, likeness, actions, social media feeds, location, and other identifiable information for advertising, trade or any other lawful purposes to promote the Sweepstakes. In addition, the Entrant grants Company, for no additional compensation other than participation in the game and the Sweepstakes, a non-exclusive, royalty-free, worldwide, perpetual license to publish, make available to the public, reproduce, edit, modify, exploit, make derivative works from or otherwise use the Submission (as defined in these Terms) through any and all media available at any time during, or after, the Sweepstakes Period on any related websites, in any promotional materials, whether related or un-related to the Sweepstakes, and at any other location, whether physical or online, that Company, in its sole discretion, deems appropriate. Entrant’s participation in the Sweepstakes constitutes Entrant’s acceptance and acknowledgement of Entrant’s waiver of all rights to privacy and compensation which Entrant may have in connection with such uses of Entrant’s name, in-game name, online handle, picture, image, likeness, actions, social media feeds, location, and other identifiable information to the maximum extent permitted by applicable law. In addition, Entrant warrants that any so called “moral rights” in the Submission have been waived and Entrant acknowledges and agrees that Company may use any ideas from any Submission or other submitted materials, whether or not Entrant has been awarded a prize in connection with any such Submission or other materials. If requested, Entrant will sign any documentation required for Company or its designee to make use of the rights each Entrant is granting in connection with Entrant’s participation in the Sweepstakes.
Eligibility. Sweepstakes open to legal residents of the United States who are over the age of majority in the state in which the Entrant resides. Unless otherwise prohibited by law in the jurisdiction where you reside. Individuals who are over the age of majority in the state in which they reside who have a child between the ages of thirteen (13) and the age of majority in such individual’s state of residence, inclusive, may enter the Sweepstakes on behalf of such child. Such parent or legal guardian shall be deemed the Entrant (and, if applicable, a Winner) for the purpose of this Sweepstakes and as referred to in these Terms. Entrants must also have a valid Player Account and valid Instagram account in good standing by Instagram’s determination.
The Sweepstakes is not open to the following persons: employees, agents, independent contractors or representatives of Company, the subsidiaries and affiliates of Company, or employees, agents or representatives of vendors providing prizes or other materials or services in connection with this Sweepstakes, including promotional agencies (collectively, the “Excluded Individuals”); immediate family members (parent, child, sibling and spouses of each) of the Excluded Individuals; and any other persons with whom the Excluded Individuals reside.
How to Participate. No purchase is necessary for Sweepstakes entry. To participate, Entrant must (1) post a unique, non-automated photographic image of the Entrant posing with the game or a screenshot photo capturing Alien: Blackout on Entrant’s Instagram account; (2) include both hashtags #AlienBlackout and #ISurvivedTheXenomorph when uploading your image (this is how we identify your entry); and (3) include the mention of @AlienBlackout in caption (the image, hashtag and caption collectively, a “Submission”). All Submissions from participants under the age of majority in such participant’s state of residence must be submitted by a parent or legal guardian who shall be considered the Entrant.
All Submissions must comply with the following:
Submissions that comply with all entry criteria shall be considered a “Qualified Submission”. Entrants may submit multiple Submissions, but only the Entrant’s first Qualified Submission during the Sweepstakes Period shall be eligible for the Sweepstakes Drawing (as defined in these Terms). Company reserves the right in its sole discretion to disqualify a Submission for not meeting any of the requirements outlined above or for any other reasons.
By submitting a Submission, the Entrant represents and warrants that it has complied with all of the foregoing requirements and has obtained all permissions, licenses and consents that are necessary to submit the Submission (including permission from all individuals included in the Submission), and for the use of the Submission as permitted by these Terms and to verify compliance with the foregoing requirements. Each Entrant agrees to provide to Company, at Company’s request copies of all such permissions, licenses and consents.
Selection of Winner. One (1) winner will be randomly selected by Company (“Winner”) from the Qualified Submissions received during the Sweepstakes Period (“Sweepstakes Drawing”). Odds of winning depend upon the number of Qualified Submissions received during the Sweepstakes Period. Decisions of Company regarding the Sweepstakes are final.
A potential Winner will be notified after the Sweepstakes Drawing via Instagram Direct by Company’s authorized and verified Instagram account. A potential Winner must complete a Release and Eligibility Agreement and other information required by Company to claim the prize (“Claim Forms”). All completed Claim Forms become the property of the Company. All Claim Forms will be verified by the Company. The Claim Forms include representations of eligibility, compliance and releases of liability, and a publicity release. Among other things, the submission of the Claim Forms confirms compliance with these rules, acceptance of the prize as awarded and release of certain parties from any losses, liabilities, damages or claims arising from or related to the prize awarded and the Sweepstakes itself. If a potential Winner refuses to complete the Claim Forms after being declared a potential Winner, the Company reserves the right to disqualify the potential Winner, and the Company shall be fully and completely released and discharged from any liability or responsibility in this regard.
The potential Winner must prove he or she is the qualified Winner by providing identification acceptable to the Company (e.g., state driver’s license; state issued identification card; valid passport with address verification; or birth certificate with social security card and photo identification and address verification). If a potential Winner cannot prove he or she is a qualified Winner, the prize will not be awarded. If a Winner declines the prize, another Winner may be selected.
Prize. The Winner will receive a NECA Alien – Foam Replica – Xenomorph Wall-Mounted bust. Estimated fair market value of the Prize is $399.99. Prize is awarded “as is” with no warranty or guaranty, either express or implied by Company. Winner may not substitute assign or transfer prize or redeem Prize for cash. Company reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Winner is responsible for all applicable federal, state, local and other tax liabilities, including but not limited to, sales and use taxes, excise taxes, income and withholding taxes, customs duties, fees and like amounts in connection with the Prize. Company is not responsible for any such taxes or expenses.
Sweepstakes Conditions. This Sweepstakes is subject to all applicable federal, state and local laws of the United States. By participating, Entrant agrees to be fully and unconditionally bound by these Terms and the decisions of Company and waive any and all right to claim ambiguity in the Sweepstakes or these Terms. Entrant agrees to release, discharge, indemnify and hold harmless Instagram and the Released Parties from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property whatsoever arising with respect to participation in the Sweepstakes; any acceptance, possession, ownership, misuse of any Prize; orany Released Parties’ exercise of any rights granted by Entrant under these Terms including, but not limited to, claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Released Parties’ use of the Submission and any portion thereof, or the likeness of any natural person therein.
Company may rescind the Sweepstakes or any sweepstakes found to contain such errors without liability at its sole discretion. Entrants may be disqualified if Company learns that the Entrant disparages Company or during or after the Sweepstakes Period. Entrants should be aware that Company retains the right to take legal action against individuals who commit libel or slander against Company during or after the Sweepstakes Period. COMPANY MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF GOVERNMENT OR AUTHORITY. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability. Company is not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Sweepstakes including Instagram; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Sweepstakes or receipt or use of any Prize. If for any reason an Entrant’s Submission is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Sweepstakes. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Company which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Company reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Sweepstakes and to select Winner from among all eligible entries received by Company up until the time of such cancellation, termination, modification or suspension, as applicable. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Entrants, by participating in the Sweepstakes, are responsible for maintaining the confidentiality of the Entrant’s Player Account and password and for restricting access to participant’s computer, and participant agrees to accept responsibility for all activities that occur under participant’s Player Account or password. Without limiting any other remedies, Company may suspend or terminate any Player Account if Company suspects in its sole discretion that any user or other person has engaged in fraudulent activity in connection with this Sweepstakes.
Termination of Participation. If an Entrant fails to comply with the Terms, or if an Entrant’s Player Account is suspended or otherwise no longer in good standing, or if an Entrant cancels his or her Player Account, or for other reasons in the sole discretion of Company, Company may terminate the Entrant’s participation in the Sweepstakes and no compensation or other consideration will be provided.
Sponsor. This Sweepstakes is sponsored by D3Publisher of America, with its headquarters located at 15910 Ventura Blvd. Suite 800, Encino, CA 91436, and is in no way sponsored, endorsed or administered by, or associated with Instagram.
General. All questions or disputes regarding the Sweepstakes, including, without limitation, all questions or disputes regarding an individual’s eligibility for the Sweepstakes or an Entrant’s compliance with these Terms will be resolved by Company in its sole discretion. No correspondence will be entered into except with the Winner.
Company may prohibit any person from participating in this Sweepstakes or any future promotion if, at Company’s sole discretion if such person (i) has tampered with the order process or the operation of the Sweepstakes or undermined, disrupted, hindered or interfered with the proper operation of the Sweepstakes in any manner whatsoever; (ii) acts (a) in an unsportsmanlike manner, (b) with an intent to annoy, abuse, threaten or harass Company or any other party, or (c) in any other disruptive manner; or (iii) uses the Sweepstakes for improper, deceitful or unethical purposes or in a manner inconsistent with these Terms or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines or ordinances. Discontinued participation may result in the loss of all earned rewards, benefits and privileges associated with the Entrant’s Player Account. In addition to discontinuance of Sweepstakes participation, Company reserves the right to take appropriate administrative and legal action, including, without limitation, the right to seek damages and other remedies from any person to the fullest extent permitted by law and to seek criminal prosecution, as it deems necessary in its sole discretion. Company’s failure to enforce any of these Terms shall not constitute a waiver of its rights or provision hereof.
All disputes arising from this Sweepstakes will be governed under the laws of California and the Federal laws of the United States, and to the extent that any matter requires the personal jurisdiction of an Entrant, all Entrants hereby concede personal jurisdiction to the State and Federal Courts of Los Angeles, California. Each party will bear the cost of their own legal expenses in the event of a dispute, regardless of outcome. Entrants agree to follow this Term’s dispute resolution policy as set forth below in connection with any potential claims or disputes arising from Entrant’s interactions with Company or entry in the Sweepstakes:
Entrants and Released Parties agree that any arbitration shall be limited to the claim between Released Parties and each Entrant individually. ENTRANTS AND RELEASED PARTIES AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS SWEEPSTAKES, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
These Terms constitute a complete and binding agreement between the parties. To the extent that any provision of these Terms are deemed invalid, the remainder of the Terms shall remain in force.
Rules/Winner’s List. The Sweepstakes rules and the name of the Sweepstakes Winner will be posted on Company website at https://d3go.com/alienblackoutsweepsrules/. No correspondence will be entered into except as noted above.