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D3PUBLISHER TERMS OF USE

Last updated March 24, 2021

These Terms of Use are entered into by and between you (“you” or “your”) and D3Publisher of America, Inc., and its subsidiaries and affiliates (collectively, “D3Publisher”, “we”, “our”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Terms”), govern your access to and use of applies to all of our mobile applications (“App(s)”), websites (“Site(s)”), games, and other digital properties that link to this Privacy Policy, regardless of how you access or use them or engage with us, including through mobile devices or offline (collectively, the “Services”). You and D3Publisher may each also be referred to as a “Party”, and collectively as the “Parties.”

Please read these Terms carefully before accessing or using our Services. By clicking to accept the Terms, you affirmatively accept and agree to be bound and abide by these Terms and our Privacy Policy found at https://d3go.com/legals/#privacy_policy, incorporated herein by reference (“Privacy Policy”), and to comply with all applicable laws and regulations. IF YOU DO NOT AGREE, DO NOT ACCESS OR OTHERWISE USE THE SERVICES.

All rights not expressly granted to users in these Terms of Use are hereby reserved by D3Publisher.

Children & Parents

By using these Services, you represent and warrant that you are of legal age to form a binding contract with us. Parents/guardians are jointly and severally liable for all acts (including purchases and payments made on or through the Services) and omissions of their children aged under eighteen (18) years when accessing or using the Services. If you do not meet all of these requirements, you must not access or use the Services. We reserve the right to request proof of age of any user, at any time, to confirm if access and use are in compliance with these Terms of Use, as well as to cancel any noncompliant accounts. If you are a parent or guardian and believe we have collected children’s personal information in a manner not permitted by applicable law, please contact us by sending a letter to the following address, and we will take corrective action required under applicable law.

D3 Publisher of America, Inc.
Attn.: Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820
[email protected]

Basic Terms

You understand and agree that you use the Services at your own risk. We have the right to terminate your access and use of the Services at any time for any reason, including if you violate these Terms or otherwise create risk or possible legal exposure for us. Any unauthorized use of the Services is expressly prohibited and we may take any action we deem appropriate, which may include, without limitation, suspension or termination of your account, access to the Services, disqualification from current and future games, and termination of the licenses granted hereunder. The foregoing shall not limit or restrict our available remedies at law.

Changes to Terms of Use.

We reserve the right to amend or update these Terms of Use at any time with or without notice to you, except as required by applicable law. We may also add new features or functionality to, or change or remove existing features or functionality from, the Services that will be subject to the Terms of Use. Any user who continues to use the Services after any changes are made will be deemed to have agreed to those changes.

Access and Costs

We make no warranty that the Services can be accessed on all personal computers, games consoles, smartphones, tablets or other devices (each, a “Device”, or in the plural, “Devices”), by means of any specific Internet or other connection provider, or in all countries. You are solely responsible for any third-party costs you incur in order to use the Services and for making all arrangements necessary for you to have access to the Services.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services, submit requests, or in any interactive features, is governed by our Privacy Policy.

Territorial Restrictions.

The information provided within or in connection with the Services, including, without limitation, the D3Publisher Content (defined below), is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Property or other feature that we provide.

These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

Account Creation, Suspension and Deactivation

You are responsible for any activity that occurs in the real world and through your account. If available, we prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You agree to update your information as necessary to maintain its truth, accuracy, and confidentiality.

You shall not select any username which falsely indicates or implies an association with us, is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or alternative spelling to circumvent this restriction.

You are responsible for keeping your password secret and secure.

You can request deactivation of your account (if any) by emailing [email protected] Upon the deactivation or termination of your account for any reason, all account or user data may no longer be accessible to you, including, without limitation, any content uploaded, collectibles, items, and other user account progress information. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

Social Media Accounts

If you are a registered user of social media sites you may be able to connect your social media account(s) to your account on the Services (if your applicable account has this functionality enabled). Your social media accounts are subject to their own terms of service by and from the applicable third party social media account provider (e.g. Facebook, Amazon/Twitch, Steam, etc.). You acknowledge and agree that irrespective of whether you use an anonymous gamer tag or username, once you connect your account to your social media account, your real name will be available and viewable by your social media “friends”. We are not responsible for your use of your social media accounts and/or your use thereof in connection with the Services. Please also see our Privacy Policy for additional information on social media accounts.

Payments

We reserve the right, at any time, to change any fees or charges for any product or Service (or to begin charging fees for any free product or service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change. YOU AGREE TO PAY ALL FEES AND APPLICABLE TAXES INCURRED BY YOU OR ANYONE USING THE SERVICES FROM YOUR DEVICE.

You may pay for certain Services and D3Publisher Content in the currency available to and selected by you using the methods made available to you, such as through a payment processor, and you agree to the terms and conditions applicable to such third party payment processor and each payment method you choose. By paying for Services or D3Publisher Content you (i) represent that you are authorized to use the payment method you have selected and that any payment information you provide is true and accurate; (ii) authorize the party charging you for the Services or D3Publisher Content to take payment from you for the Services or D3Publisher Content, using the payment method you have selected; and (iii) accept the terms of service and privacy policies of our third party payment processors.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE D3PUBLISHER AND EACH OF THE OTHER RELEASED PARTIES (DEFINED BELOW) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PAYMENTS BY AND THROUGH THE THIRD PARTY PROCESSOR. YOU AGREE, UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

D3Publisher Content and License

Unless otherwise noted, the Services as a whole or in part, and all materials that are part of the Services, including without limitation, D3Publisher’s name and logos, game properties, data and analytics, photographs, characters, illustrations, graphics, visual material, video, copy, text, virtual goods, software, titles, code, data and materials used in connection with the Services, the compilation of any of the foregoing, and other materials, products, services and intellectual property made available via the Services (collectively, “D3Publisher Content”) are copyrights, trademarks, trade dress, patent, or other intellectual properties owned, controlled, or licensed by D3Publisher or its subsidiaries and affiliates. You may only use D3Publisher Content for your personal, noncommercial use; any other use of the D3Publisher Content without our express written consent in each instance is strictly prohibited. No right, title, or interest in any D3Publisher Content is granted or transferred to you as a result of your access or use. To the fullest extent permitted by applicable law, this license granted to use the Services is non-transferable. You acknowledge and agree that you shall have no ownership or other property interest in your account and that all rights in and to your account are and shall forever by owned and inure to the benefit of D3Publisher. You further acknowledge and agree that you have no claim, right, title, ownership, or other proprietary interest in the D3Publisher Content, regardless of any consideration offered or paid in exchange for such D3Publisher Content. You may not rent, lease, lend, sell, redistribute or sublicense the Services. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the D3Publisher Content or Services. Unauthorized use of the D3Publisher Content is expressly prohibited by law, and may result in severe civil and criminal penalties. Any use of the D3Publisher Content and Services shall be solely for your private use. You may not remove or alter D3Publisher’s or its licensor’s trademarks or logos, or legal notices included in the Services, D3Publisher Content, or related assets. These Terms of Use will govern any upgrades provided by us that replace and/or supplement the Services, unless such upgrade is accompanied by a separate (and/or updated) agreement in which case the terms of that agreement will govern.

YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS OF USE, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY SERVICES OR D3PUBLISHER CONTENT (INCLUDING WITHOUT LIMITATION ANY VIRTUAL GOODS), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO SUCH PROPERTY AND COMPANY CONTENT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF D3PUBLISHER AND ITS LICENSORS.

We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you.

No Guarantee

We do not guarantee that any Services or D3Publisher Content will be available at all times or at any given time or that Company will continue to offer the Property or D3Publisher Content for any particular length of time. Company may change and update the Services or D3Publisher Content without notice to you. Company makes no warranty or representation regarding the availability of any Services or D3Publisher Content features and reserves the right to modify or discontinue Services or D3Publisher Content features in its discretion without notice, including, without limitation, ceasing an online service for economic reasons due to a limited number of users continuing to make use of the online service over time. To the fullest extent permitted by applicable law (i) we and our licensors reserve the right to change, suspend, remove, or disable access to any Services or D3Publisher Content at any time without notice, and (ii) we will not be liable for the removal of or disabling of access to any Services or D3Publisher Content.

The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on the Services. You agree that it is your responsibility to monitor changes to our site.

Pricing and Payments

All prices, discounts and descriptions made available on the Services are subject to availability, and may be withdrawn or revised at any time. While we try to be as accurate as possible in the descriptions regarding the products and Services, there may be errors in the information displayed to you. Prices may be indicated on the Services or an order acknowledgement, but the authoritative price in the event of any discrepancy, is the price in effect at the time of acceptance through the charge placed through your selected payment method. Payment shall be made by the payment method selected during your order completion process. We will charge credit or debit cards on dispatch or commencement of the product or Service. We reserve the right to verify and/or authorize credit or debit card payments prior to acceptance. For that reason, we reserve the right to notify you of any errors in product or Service descriptions or in the price prior to the dispatch. If the price is incorrect, regardless of whether it is an error in a price posted on the Services or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred. Except as expressly provided elsewhere in these Terms, payment may be taken in full notwithstanding any claim for short delivery or defects.

We offer various payment methods on our Services, some of which are managed by third-party payment and billing providers for which additional terms and costs may apply. Please review such additional terms and costs carefully. You may also be required to create an account with such third-party provider. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you. We reserve the right to suspend and/or revoke your account and/or to restrict you from placing orders in the Services and/or to restrict you from using certain payment methods, if we reasonably suspect that you have undertaken (or are attempting/have attempted to undertake) a fraudulent transaction.

Unauthorized “chargebacks” (unwarranted or illegitimate refunds) violate these Terms, and players who engage in the practice will have their accounts removed from the game. Additional steps may also be taken at our discretion.

Rules of Conduct

1. You shall not participate in any activity that is in violation of any federal, state, or local law including without limitation, all regulatory, administrative and legislative authorities.
2. You shall not use the Services to develop, host, or distribute cheats, automation software (bots), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Services, or engage in any form of cheating, boosting, or booting.
3. You shall not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or D3Publisher Content, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application) for any commercial purpose, including, without limitation (a) to enable use at a cyber cafe, computer gaming center or any other location-based site without our express written consent; (b) for gathering in-game currency, items or resources for sale outside the Services; (c) performing in-game services in exchange for payment outside the Services, e.g., power-leveling; or (d) the sale of accounts, log-in information, or other Property materials, access, or rights.
4. You shall not disable, hack, circumvent or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any D3Publisher Content or materials.
5. You shall not use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Services.
6. You must not interfere or disrupt the Services, D3Publisher Content, or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any service is rendered or displayed in any other user of the Services’ browser or device.
7. You shall not, except as authorized by us in writing, host, provide or develop matchmaking services for the Services, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks.
8. You shall not destroy, interfere with or disrupt, or attempt to interfere with or disrupt (including scan, probe or test the vulnerability of), any web pages available on the Services, servers or networks connected to the Services or the technical delivery systems of our providers or break any requirements, procedures, policies or regulations of networks connected to the Services.
9. You shall not scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user’s (whether specific to any particular user or as an aggregation) information accessible through the Services.
10. You shall not solicit, collect or use the login credentials or other confidential information of users.
11. You shall not defame, stalk, bully, abuse, harass, threaten, impersonate, bully, or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
12. You shall not use the Services to defraud any user, including by scamming or social engineering;
13. You shall not use the Services to play on another user account thereby falsely boosting such account’s status or ranking;
14. You shall not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
15. You shall not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a “spam”) to any users.
16. You shall not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
17. You shall not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Use.
18. You shall not infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity.
19. You shall not upload any content to the Services which contains nudity, excessive violence, illegal drugs or use of alcohol, or other content which we may deem offensive, or any link to the foregoing content.
20. You shall not place bets, wagers, or engage in any form of betting or gambling activity on or in connection with the Services.
21. Without limiting the foregoing, you shall not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Communications, including but not limited to, copyright laws.

Please be aware that your failure to abide by these Rules of Conduct shall, at all times, constitute a violation of these Terms, and if we learn of such acts, by any means, we may investigate or terminate your license to, access, or use of the Services as we may determine in our sole discretion. Notwithstanding, such actions are cumulative to those rights and remedies available to us at law.

Linked Sites and Third Party Websites

You may be able to link from the Services to third party websites and third party websites may link to the Services (each and collectively, “Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, code or other materials presented on or through such websites. The inclusion of any link to such sites on our Services does not imply our endorsement or recommendation of that site and we do not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any access to or reliance on the contents of a third party website is done at your own risk.

Feedback and Comments

We welcome your comments and feedback regarding our Services, products, and services. We do not, however, accept confidential or proprietary information. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to us using Services or otherwise (collectively, “Communications”) are not confidential and will become and remain our property. The disclosure, submission, or offer of any Communications will constitute an assignment to us of all worldwide rights, titles, and interests, and goodwill in the Communications without payment of any compensation. Additionally, Communications submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. If your Communications violate these Terms of Use, you may bear legal responsibility for such Communications.

User Generated Content

The Services may include message boards, content sharing features, and other means by which you and other users may share content that you create (“UGC”). You are responsible for your UGC (or UGC created by use of your account). To the fullest extent permitted by applicable law, by submitting any UGC (including without limitation, images, videos, customer service submissions, idea submissions, suggestions and message postings) you automatically grant (or represent and warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, royalty-free, fully paid-up, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or technology now known or later developed throughout the universe, and agree that we shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation, notice or attribution. You waive and agree not to assert any moral or similar rights you may have in any of your UGC. To the extent the Services permit other users to access and use your UGC, you also grant all other users of the Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Services without further notice, attribution or compensation to you. All UGC must comply with these Terms of Use, including without limitation, the Rules of Conduct.

You represent and warrant that any UGC you provide (i) does not and will not violate any third party intellectual property rights and/or any other person’s rights, including, without limitation, any privacy rights and/or so-called “moral rights”; and (ii) its use as contemplated herein does not and will not require the payment of any royalty or any consideration to a third party. You may not upload or post any UGC that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload any UGC that violates any third party’s right of privacy or right of publicity, or may require the payment of a royalty or other consideration to a third party. You are responsible and liable for any UGC you place on or through the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material. You may only upload your own UGC to the Services; do not upload anyone else’s UGC. We do not endorse nor assume any liability for the contents of any UGC.

We have no obligation to monitor, approve, verify, or prescreen any UGC that you and other users may contribute to or through the Services. We reserve the right (but have no obligation) to remove, block, edit, move or disable UGC for any reason. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for your UGC or that of other users, or for any failure to monitor, edit, or remove UGC. You agree that you shall not hold us liable for any loss or damage arising from the contents of any UGC (yours or another user’s) including without limitation in respect of any defamation, harassment, or false endorsement claims.

Some features available on the Services may permit you to share certain information about yourself with other users of the Services or the general public, including people who may not be registered users of the Services. You acknowledge and confirm that you have no expectation of privacy when using such features, including without limitation, uploading or submitting UGC; comparing your statistics, personal bests and leaderboards against other users; searching for other users by username; and linking to social media accounts that publicly display user information. See our Privacy Policy for further details.

Monitoring

We may monitor the use of the Services for a variety of purposes, including to prevent cheating or hacking, improve the services provided in connection with the Services and D3Publisher Content, and monitor your and user behavior for any violation of these Terms of Services. Notwithstanding, nothing herein shall be construed to obligate us to monitor and police the Services, and we have no liability to you in connection with your use of the Services.

Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, COMPANY CONTENT, UGC (INCLUDING COMMUNICATIONS), FUNCTIONS, AND ALL OTHER MATERIALS PROVIDED OR DISPLAYED THROUGH THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND NEITHER D3PUBLISHER NOR ITS PARENT COMPANY, SUBSIDIARY COMPANIES, LICENSORS, AFFILIATES, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE D3PUBLISHER CONTENT OR OTHER INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES WILL BE ACCURATE, COMPLETE, OR USEFUL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION AS TO INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, USABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICES.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE RELEASED PARTIES DO NOT WARRANT THAT YOUR USE OF THE PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE RELEASED PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE PROPERTY YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

THE RELEASED PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, VIRTUAL GOODS, OR USER PROFILE INFORMATION; (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, FAILURES OF ANY THIRD PARTY BILLING SOLUTIONS OR OTHER SERVICES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE; (D) THE PROPERTIES; (E) THE D3PUBLISHER CONTENT; (F) UGC (INCLUDING COMMUNICATIONS); (G) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (H) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE RELEASED PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (I) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (J) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (K) ANY DAMAGE TO ANY USER’S OR THIRD PARTY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PROPERTY) .

IN NO CASE SHALL D3PUBLISHER’S AGGREGATE LIABILITY EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE RELEASED PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE RELEASED PARTIES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF COUNTRY FROM WHICH YOU VALIDLY ACQUIRED AND USE THE SERVICES AND IN WHICH CASE THE LIABILITY OF D3PUBLISHER AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

D3PUBLISHER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnity

You (and also any third party for whom you operate an account or activity on the Services) agree to indemnify, defend (at our request) and hold the Released Parties harmless from and against any claims, liability, losses, costs and expenses (including reasonable outside attorneys’ fees) arising out of or in any way connected with (including as a result of (i) your direct activities in connection with the Services or those conducted on your behalf); (ii) your Communications or your access to or use of the Services; (iii) your breach or alleged breach of the Terms of Use ; (iv) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (vi) any misrepresentation made by you. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Jurisdiction and Applicable Law

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made via the Services) using or relating to the Services shall be the laws of the State of California without regard to principles of conflict of laws AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

Waiver

No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition.

Assignment

You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our prior written consent will be null and void. We may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use do not confer any third-party beneficiary rights.

Entire Agreement.

If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and D3Publisher and governs your use of the Services, superseding any prior agreements between you and us.


D3PUBLISHER PRIVACY POLICY

Last updated February 17, 2021

D3Publisher of America, Inc., and its subsidiaries and affiliates (collectively, “D3Publisher”, “we”, “our”, or “us”) respect the privacy rights of our users. This Privacy Policy applies to all of our mobile applications (“App(s)”), websites (“Site(s)”), games, and other digital properties that link to this Privacy Policy, regardless of how you access or use them or engage with us, including through mobile devices or offline (collectively, the “Services”), for which we are the controller of personal information and data.  This Privacy Policy sets forth how we collect, store, retain, and use the information you provide on our Services.  By clicking “Accept & Continue” on the sign-in page of our Apps or homepage of our Sites, you acknowledge, fully understand and consent to the terms of this Privacy Policy.

D3Publisher is a valid licensee and participating member in good standing of the Entertainment Software Rating Board’s Privacy Certified Program (“ESRB Privacy Certified”).  To protect your privacy, we have voluntarily undertaken this privacy initiative.  All of our Services where this Privacy Policy is posted and that display an ESRB Privacy Certified seal have been reviewed and certified by ESRB Privacy Certified to meet established online information collection, use, retention and disclosure practices. As a licensee of this privacy program, we are subject to audits of our Apps and other enforcement and accountability mechanisms administered independently by the ESRB.

TABLE OF CONTENTS

  1. Scope of Privacy Policy
  2. Collection and Use of Information
  3. Cookie Policy
  4. Mobile
  5. Sharing of Information
  6. Your Choices 
  7. Children’s Privacy
  8. Security 
  9. California Residents’ Privacy Rights
  10. International Visitors
  11. Amendments 
  12. Questions or Comments

 

1 – Scope of Privacy Policy

This Privacy Policy applies to information about you or your device collected through our Services.

This Privacy Policy applies to use and sharing of information collected on or after the “Lasted updated” date at the top of this Privacy Policy.

When using our Services, you may be able to access third party websites or applications through links placed in our Services.  This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other data collection, storage, and use practices of any third party operating any site or property to which the Services link (each, a “Linked Site”) or third parties who may provide certain services in connection with your access and use of, and our ability to provide certain products and services to you through the Services discussed in this Privacy Policy (each, a “Service Provider”), which may include, without limitation, Google (AdMob, DoubleClick, Firebase), Amazon, Facebook, Helpshift, WordPress, and Mailchimp.  In addition, please find additional privacy policies for the most common of these sites and services can be found at the links below:

We encourage you to review the privacy policies of these third parties.

2 – Collection and Use of Information

When you use the Services, we may collect and use certain information about you.  “Personal Information” is information that can be used to identify you (whether alone or in combination) such as your first and last name, email address, zip code/post code, billing address, shipping address, phone number, age, date of birth, and social media handles.  More specifically, when you use the Services, we may collect the following information:

  • We collect certain information that you provide directly to us by filling in forms on the Services, including your name or username, password, email address, street address, telephone number, social media handles, user-uploaded photographs or profile pictures, or other information, when you create an account or profile, interact with other users, or create a customer support ticket request. We engage in these activities to manage our contractual relationship with you, and where relevant, to comply with a legal obligation or based on our legitimate interest in doing so.
  • We collect your birth date at the initial sign-up screen to verify you have met the age requirement to access our Services. We engage in these activities to comply with legal obligations and based on our legitimate interest in doing so (such as to ensure children below the age of legal capacity cannot access Services).
  • We may collect certain data you provide on social features of the Services, such as forums or chat. The information you share in these features is publicly viewable by others, which means we may collect and use the information you provide. We engage in these activities to manage our contractual relationship with you, comply with a legal obligation, or based on our legitimate interest in doing so (ensuring the safety of our Services).
  • When you play multiplayer games, some information may be publicly accessible to others, such as your game statistics and performance. We engage in these activities based on our legitimate interest in doing so (increasing engagement with our games and Services).
  • We may collect certain information that you provide to us when making a purchase via our Services, including your name, billing address, telephone number, payment method, and other payment details in order to process purchases you make. We do so to adhere to our contractual relationship with you or for our legitimate interest.
  • We automatically collect certain information about your device and how you interact with our Services during and after your use of the Services. Such information includes details of your visits to the Services and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, including your IP address, browser type, the date and time you accessed or left the Site or App, and which pages you viewed. Some parts of the Services use cookies, pixel tags (also known as “web beacons”), and other technologies to collect this information about your general internet usage.  See our “Cookie Policy” to learn more.
  • An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing the Services by your Internet Service Provider (ISP), and is identified and logged automatically in the server log files whenever you visit the Services, along with the time of the visit and the activity on the Services, browser type and operating system, device information, device event information, and the page you’ve viewed or engaged with before or after using the Site. We and our Service Providers use IP addresses for our internal business purposes such as calculating Site and App usage levels, helping diagnose server problems, administering the Services, and determining your approximate geographic location.
  • We use your IP address to determine your general geographical location, such as the country or region from which your mobile device accesses our Service. We and our Service Providers may use your device’s general location to provide you with personalized location-based services, content and advertisements. We do this to support our legitimate interests.
  • For some of our Services, you are able to log in using your social media account, such as Facebook.  If you log in using your social media account, you allow us to access certain information from your social media profile, such as your name, email address, date of birth, profile picture, friends list, and interests.  The information you allow us to access may depend on you and your friends’ privacy settings on that social network. See below regarding Your Choices.
  • We may engage third parties, such as Google Analytics and Vanilla, to provide analytics about the use of the Services, data processing and management, account management, hosting, customer and technical support. Third-party cookies are covered by the third party’s privacy policy. You can opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • We may collect certain information you may provide to us as part of your participation in sweepstakes, contests and similar promotions in order for us to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest you read these rules carefully. In the event of a conflict between such rules and this Privacy Policy, such rules will govern.
  • In some cases, we aggregate or anonymize your personal information so that it is not identifiable to you.  We may use this information for our business purposes, such as analyzing and better understanding usage trends.

3 – Cookie Policy

A “cookie” is a small computer file that is sent to your computer when you visit a website. “Process Cookies” are cookies that help our Sites to function properly and assist in navigating pages and accessing Services. Without these cookies, the Sites may not function properly. “Session State Cookies” are cookies that collect information about how you interact with our Sites. This may include the page you visit most often and whether you get error messages from certain pages. These cookies help improve your browsing experience, but blocking or deleting these cookies will not render the Sites unusable. When you visit a Site again, the cookie allows that Site to recognize your browser. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent.  Keep in mind, however, that some Site features or services may not function properly without cookies.

A pixel tag is a type of technology placed on a website or within the body of an email.  We use pixel tags to track activity on our Sites, and to determine when our emails are opened or accessed.  We use pixel tags in combination with cookies.

The Services may use social media plug-ins (e.g., the Facebook “Like” button, “Share to Twitter” button) to enable you to easily share information with others. When you visit the Sites, the operator of the social plug-in can place a cookie on your computer or other electronic device that enables that operator to recognize individuals who have previously visited the Sites. If you are logged into the social media website (e.g., Facebook, Twitter) while browsing on the Sites, the social media plug-in allows that social media website to receive information that you have visited the Sites. The social media plug-in also allows the social media website to share information about your activities on the Sites with other users of their social media website. These sharing settings are managed by the social media website and governed by its privacy policy. We recommend that you review the privacy policies of each of these websites, apps, or services before connecting your accounts or sharing any Personal Information.

Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to sites and online services you visit. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To learn more about cookies and any “Do Not Track” features, please visit http://www.allaboutcookies.org/ and http://www.allaboutdnt.com. If you choose to decline cookies, then some or all of the features, functionality and promotions available through the Sites may not be available to you. If you do not want information collected through the use of cookies, there is a procedure on most devices through which the Sites are accessed that allows you to decline the use of cookies.

If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Sites, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time. Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Sites. We expect Service Providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but cannot guarantee that they will do so.

The Cookies and similar technologies used on our Sites can be found HERE.

4 -Mobile

Our Apps include third-party software development kits (“SDKs’) and similar tools that we use for advertising, analytics and to support the internal operations of the Apps.  If you prefer for information not to be used for targeted advertising, please see Your Choices in Section 6 below.

The third-party tools used in our Apps are:

Helpshift – To provide customer service.

LabCave – Collects device level data in order to serve advertisements to the player.

Google Play Service and Apple Game Service – A tool to save your game data.

Mixpanel – A program to review user habits and game analytics and to assist with customer service account review.

DeltaDNA – A program to review user habits and game analytics and to assist with customer service account review.

Redash – A program to review user habits and game analytics and to assist with customer service account review.

Pubnub – A system to assist with player chat.

AppsFlyer – An attribution tool that helps optimize advertising campaigns.

Facebook – Not required but if selected, players can use the tool to save their game data.

IP-API – A geolocation tool to determine regional (not exact) location of where game is being played.

5 – Use and Sharing of Information

We primarily use the information we collect from you to provide you access and use of our Services and to fulfill your requests. Our policy is to not sell your personal information to any third parties without your consent.  We use and share the information we collect about you in limited circumstances including:

  • To communicate with you regarding your customer service or other requests;
  • To develop, improve, monitor, diagnose, fix, administer, analyze, and test our Services;
  • For behavioral advertising, retargeting, and remarketing campaigns (see below);
  • With D3Publisher, Inc. (our parent company) and our subsidiaries and affiliates;
  • With our Service Providers in order for them to provide and administer services on our behalf;
  • With law enforcement agencies, governmental officials, or other third parties when required by law or legal process or in order to cooperate with regulators or law enforcement;
  • When we believe, in our sole discretion, that disclosing this information may be necessary to protect our business operations or enforce our policies or terms and conditions, to address an emergency that poses a threat to health or safety, or to take action in response to illegal activities (e.g. fraud);
  • With other business entities should we plan to merge with or be acquired by that business entity or in connection with a partial or total sale of assets, bankruptcy, or another corporate change; and
  • When you otherwise consent.

6 – Your Choices

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:
– Facebook: https://www.facebook.com/settings/?tab=ads
– Google: https://www.google.com/settings/ads/anonymous
– Microsoft: https://privacy.microsoft.com/en-us/privacystatement
– Amazon: https://www.amazon.com/adprefs

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

On your mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings, or the setting to “Opt out of Ads Personalization” in your Android phone’s settings. To opt-out of location tracking when using the Services, you can use the settings of your device. You can disable mobile analytics and bug reporting through these same settings as well. For more information about analytics and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page found at http://optout.networkadvertising.org/?c=1, the Digital Advertising Alliance’s opt-out page found at http://optout.aboutads.info/?c=2&lang=EN, or EDAA’s Your Online Choices page found at http://www.youronlinechoices.com/.

This information may be retained by us for as long as the information is needed for its useful purposes, such as maintaining a functional game environment.  We will review information collected on a periodic basis and remove any information that no longer is needed for its required purposes.  An example of this is for retaining information that allows us to improve future in-game activities using past usage information.

You may choose to subscribe to promotional emails about our Services.  If you wish to unsubscribe from receiving future promotional emails you may do so by doing any one of the following: (i) following the “unsubscribe” instructions in the email you received; (ii) emailing our customer support team at [email protected]; or (iii) writing to us at the following address:

D3Publisher of America, Inc.
15910 Ventura Blvd., Suite 800
Encino, CA 91436
ATTN: Customer Support – Unsubscribe

7 – Children’s Privacy

We do not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe we have collected Children’s Personal Information in a manner not permitted by COPPA, please contact us at the address listed below (Attention: Legal) and we will remove such data to the extent required by COPPA.

If parents believe that we have unintentionally collected their child’s personal information, they should contact us to request the deletion of the information:

D3 Publisher of America, Inc.
Attn.: Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820

[email protected] 

8 – Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Notwithstanding, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out Personal Information in public areas of the Services like forums. The information you share in public areas may be viewed by any user.

We restrict access of Personal Information to our authorized personnel, employees, Service Providers, and agents who need to know that information in order to operate, innovate, and deliver our Services. Personal Information will only be disclosed to those third parties for the purpose of administering our Services in accordance with the uses as outlined herein.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your Personal Information transmitted to our Services. We cannot guarantee that unauthorized third parties will not gain access to your Personal Information; therefore, any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures in connection with the Services.

9 – California Residents’ Privacy Rights 

California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes (if any).  Currently, D3Publisher does not disclose personal information to third parties for their direct marketing purposes. If you have any questions about our disclosure practices, please contact us:

D3Publisher of America, Inc.

Attn.: CA Privacy Policy Administrator

15910 Ventura Blvd., Suite 800

Encino, CA 91436

Attn: Shine the Light Law

Categories of Personal Information Collected

In the chart below, we identify each category of personal information that we have or have not collected about our users in the last 12 months,  the purpose(s) for which it was collected; and  the categories of third parties, if any, with which it has been shared.

Category of Personal Information Reason for Collecting and/or Sharing Categories of Third Parties Collected or Disclosed in past 12 months
Common identifiers This includes a name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, and other similar identifiers. Provision of Services; Comply with legal obligations; marketing; sweepstakes and contest administration; information security; Services management. Information technology and security providers; payment processor; marketing services providers. Collected and disclosed
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).  This includes, among other things, a name, signature, address, telephone number, passport number, and driver’s license or state identification card number.  Note that this category of information overlaps to some extent with the “Common Identifiers” category. Provision of Services; Comply with legal obligations; marketing; sweepstakes and contest administration; information security; Services management. Information technology and security providers; payment processor; marketing services providers. Collected and disclosed
Protected classification characteristics under California or federal law. This includes:  Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). User admission Not applicable Collected but not disclosed.
Commercial information.  This includes: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Not collected Not applicable Not applicable
Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Not collected Not applicable Not applicable
Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. Services management and marketing Web-hosting and marketing support vendors Collected and disclosed
Geolocation data.  Physical location or movements. (This does not include general location data.) Not collected Not applicable Not applicable
Sensory data.  Audio, electronic, visual, thermal, olfactory, or similar information. Not collected Not applicable Not applicable
Professional or employment-related information.  Current or past job history or performance evaluations. To evaluate, recruit, and hire personnel Not shared Collected; not disclosed to third parties
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).   Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Not collected Not applicable Not applicable
Inferences drawn from other personal information.  Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Not collected Not collected Not collected or disclosed

 

If you are a California resident and we know you are under 16 years of age, we will not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate to any other business or third party for monetary or other valuable consideration your personal information.

Rights of California Residents

Right to Know:  If you are a California resident, you may submit, free of charge, but no more than twice in a 12-month period, a verifiable request for the following information:

  • The specific pieces of personal information we have about you;
  • The categories of personal information we collected, sold or disclosed for a business purpose about you within the last 12 months;
  • The categories of sources from which the personal information was collected;
  • The purposes for which the information was collected or sold; and
  • The categories of third parties to which the information was sold, disclosed for a business purpose, or otherwise shared.

If possible, we will provide this information to you in a readily usable format that allows transmission to another entity.

To submit a request, please contact us by email at [email protected].  Within 10 business days of receipt, we will let you know we received your request.  We will provide a substantive response within 45 calendar days, unless we need more time, in which case we will notify you.  If we need additional information to verify your identity, we will contact you to request that information.  If we are not able to verify your identity, we will deny your request, but if applicable, we will refer you to the applicable sections of this Privacy Policy that address our data collection and use practices.  If we deny your request, even if only in part, we will explain the reason in our response.

Right to Delete:  If you are a California resident, you may submit a verifiable request for us to delete any personal information we have collected about you.  To submit a request, please email us at [email protected] or mail to D3Publisher of America, Inc., 15910 Ventura Blvd., Suite 800, Encino, CA 91436, Attn: Legal.

Within 10 business days of receipt, we will confirm receipt of your request.  We will provide a substantive response within 45 calendar days, unless we need more time, in which case we will notify you.  If we need additional information to verify your identity, we will contact you to request that information.  If we are not able to verify your identity, we will deny your request to delete.  If we deny your request, even if only in part, we will explain the reason in our response, and we will ask if you would like to opt out of the sale of your personal information.  In either case, we will maintain a record of your request and our response.

Right to Opt-Out:  At any time, you may tell us not to sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate to another business or third party for monetary or other valuable consideration your personal information.  You may make this request by emailing us at [email protected] or mailing a letter to us at D3Publisher of America, Inc., 15910 Ventura Blvd., Suite 800, Encino, CA 91436, Attn: Legal.

Right to be Free from Discrimination:  We may not discriminate against you because you have chosen to exercise your rights, including, for example, by denying you access to our online services or charging you different rates or prices for the same online services, unless that difference is reasonably related to the value provided by your data.

Exercising Your Rights:  To submit a verifiable request or to otherwise contact us for more information about how to exercise your rights, please follow the instructions above.  To exercise your opt-out right, please click the link above.

If you would like to designate an authorized agent to make a request on your behalf, you must (i) provide the agent signed permission to do so, (ii) provide proof of your identity, and (iii) directly confirm you provided the authorized agent permission to submit the request.  If we do not receive the above, we will deny the request.

Contact Us

If you have any questions or concerns about our privacy policies or practices, please contact us:

D3Publisher of America, Inc.
Attn.: CA Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436
(310) 268-0820

[email protected].

10 – International Visitors

The Services are hosted and operated in the United States (“US”) and elsewhere in the world.  By using the Services, you are consenting to the transfer of your personal information to the US.  If you are accessing the Services from outside the US, please be advised that US law may not offer the same privacy protections as the law of your jurisdiction.

If you are a data subject in the European Economic Area (“EEA”), you have the right to access, rectify, or erase any personal data we have collected about you.  You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you.  You may withdraw your consent at any time for any data processing we do based on consent you have provided to us. To exercise any of these rights, contact us as set forth in the section “Contact Us” below and specify which right you intend to exercise.  We will respond to your request within 30 days.  We may require additional information from you to allow us to confirm your identity.  Please note that we may store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including to comply with legal obligations, resolve disputes, prevent fraud, and enforce agreements. Personal data collected within the European Union and Switzerland may be transferred and processed by third parties located in a country outside of the European Union and Switzerland.  In such instances, we will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws. If you have any issues with our compliance, you have the right to lodge a complaint with an EEA supervisory authority.

11 – Amendments

We may amend this Privacy Policy at any time. If we make a material change to this Privacy Policy, we will notify you by sending you an email at the last email address that you provided us, or by prominently posting notice of the changes within our Services.  Any changes to this Privacy Policy will take effect upon posting and will apply to the information we collect on and after the Effective Date, which is posted at the top of this Privacy Policy.

12 – Questions or Comments

If you have questions or wish to send us comments about this Privacy Policy, including our information practices with respect to children, please send us an e-mail us at [email protected] with your questions or comments to write us at:

D3Publisher of America, Inc.
Attn.: Privacy Policy Administrator
15910 Ventura Blvd., Suite 800
Encino, CA 91436

Please be assured that any personal information that you provide in communications to the above email and postal mail addresses will not be used to send you promotional materials, unless you request it.

As mentioned above, D3Publisher is a licensee of the ESRB’s Privacy Certified Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy/contact/ or by email at [email protected]


Last Updated: 8/27/19

Portions of our websites may also use cookies. Cookies are pieces of information that a website sends to your computer while you are viewing the website. We and other companies use cookies for a variety of purposes. For example, when you return to one of our websites after logging in, cookies provide information to the website so that the website will remember who you are. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser (e.g. Microsoft Edge, Chrome, etc.) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your web experience smoother, like the features mentioned above, and some of our services may not function properly.

Below you can view a list of cookies this website enables.

 

CookieTypeDurationDescription
__cfduidHTTP1 yearUsed by the content network, Cloudflare, to identify trusted web traffic.
__widgetsettingsHTMLPersistentMarketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
_gaHTTP2 yearsRegisters a unique ID that is used to generate statistical data on how the visitor uses the website
_gatHTTPSessionUsed by Google Analytics to throttle request rate
_gidHTTPSessionRegisters a unique ID that is used to generate statistical data on how the visitor uses the website
common/cavalry_endpoint.phpPixelSessionUnclassified
i/jotPixelSessionSets a unique ID for the visitor, that allows third party advertisers to target the visitor with relevant adverti sement. This pairing service is provided by third party advertisement hubs, which facilitates real-time bidding for advertisers.
local_storage_support_testHTMLPersistentMarketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
NIDHTTP6 monthsRegisters a unique ID that identifies a returning user's device. The ID is used for targeted ads.
PHPSESSIDHTTPSessionPreserves user session state across page requests
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OFFICIAL CONTEST RULES – MARVEL PUZZLE QUEST COMIC GIVEAWAY

1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Marvel Puzzle Quest Comic Giveaway (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins on March 12, 2021 and ends December 31, 2021. Throughout this period, you may enter the Promotion by following the instructions of each Facebook post on https://www.facebook.com/MarvelPuzzleQuest/ (each a “Post”), which may consist of following specified accounts, double tapping/liking and adding a comment featuring the answer to the respective trivia question corresponding to the static, in-feed Post within 48 hours of the Post (each and collectively, a “Promotion Period”). Make sure your settings are public so we can confirm you’ve properly entered during the relevant Promotion Period. Alternatively, you may submit your answer during the respective Promotion Period via email to [email protected]; please include “MPQ Comic Giveaway Trivia Answer” in the subject line and the trivia answer in the body of the email. Online entry or email entry is the only method of entry. Limit 1 entry per person per Promotion Period.

Incomplete, false or deceptive entries are void. Winner(s) will be picked and announced by Facebook via the comments of the original post on @MarvelPuzzleQuest within 2 days following the end of the applicable Promotion Period from all entries received during the corresponding Promotion Period. D3Publisher of America, Inc.’s (“D3 Go!”) computer will serve as the official time keeping device for this Promotion. All entries submitted may be re-posted by D3 Go! on any D3 Go! owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.

2. ELIGIBILITY: The Promotion is open to residents of the 50 United States and the District of Columbia, and 18 or older as of March 12, 2021. Employees of D3 Go!, Marvel Entertainment LLC (“Marvel”), and the Walt Disney Company (“Disney”) and their respective parent companies, subsidiaries, affiliates, employees, officers, directors, vendors, clients (collectively, “Promotion Entities”), and each of their immediate families and members of their households are ineligible to participate in this Promotion. Void where prohibited.

3. SELECTING THE WINNER AND NOTIFICATION: 5 potential prize winners will be selected by at random drawing after compiling all eligible entrants for each Promotion Period (each an “Entrant” and collectively the “Entrants”). D3 Go!, whose decision is final and binding in all respects, will contact the selected Entrant through Facebook message or email (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the applicable Promotion Period. Failure of Potential Prize Winner to respond to such notification within 72 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”). Alternate Potential Winner shall be contacted via DM as soon as practicable and shall also have 72 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Promotion, Entrant accepts and agrees to these Official Rules and the decisions of D3 Go!, which shall be final in all matters.

4. PRIZES AND TAXES: The 5 Winners for each Promotion Period will receive a code to access a digital copy of a comic featuring a new character of the Marvel Puzzle Quest Game (each and collectively a “Prize”). The average retail value (“ARV”) of each Prize is approximately $2 USD. The estimated ARV of all Prizes awarded is $200 USD. Each Winner understands and agrees that the Prize must be accessed through the Marvel Comics App, available for free download on the iOS and Android Stores (more information available here: https://www.marvel.com/help/category/24), and at all times subject to Disney’s terms of use and privacy policy, available at https://disneytermsofuse.com/ and https://privacy.thewaltdisneycompany.com/en/ (collectively, the “Disney Terms”). Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household per Promotion Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

Any applicable federal, state and local taxes and liabilities arising from this Promotion, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Winner. Winner shall provide, upon D3 Go!’s request, all available information that D3 Go! may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that D3 Go! will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.

5. RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of D3 Go! and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless D3 Go!, the Promotion Entities, Facebook, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement in connection with this Promotion, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. D3 Go! may rescind any Promotion found to contain such errors without liability at its sole discretion.

D3 GO! AND THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

6. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion 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 Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If for any reason this Promotion 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 D3 Go! which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then D3 Go! reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by D3 Go! up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Promotion you are giving your permission to receive emails from D3 Go!

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, 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 PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

8. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.

9. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS PROMOTION, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO D3 GO!’S TERMS OF USE AND PRIVACY POLICY, AVAILABLE HERE: https://d3go.com/legals/#terms_of_use AND https://d3go.com/legals/#privacy_policy; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO THE FOREGOING. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER’S LIST.

10. NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by or otherwise associated with Marvel or Disney (or their affiliates), Facebook, or any third party brands featured in each Prize.

11. RULES/WINNERS LIST: For the name of the Prize Winner please watch Facebook via the comments of the original post on the date it’s announced pursuant to the schedule set forth above or send an email to [email protected] In the subject of the email, type “MPQ WINNER’S LIST- 2021.”


OFFICIAL CONTEST RULES – MARVEL PUZZLE QUEST CAPTION CONTEST GIVEAWAY

1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Marvel Puzzle Quest Caption Contest Giveaway (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins on April 2, 2021 and ends April 4, 2021. Throughout this period, you may enter the Promotion by following the instructions of each Facebook post on https://www.facebook.com/MarvelPuzzleQuest/ (each a “Post”), which may consist of following specified accounts, double tapping/liking and adding a comment featuring the answer to the corresponding static, in-feed Post within 48 hours of the Post (each and collectively, a “Promotion Period”). Make sure your settings are public so we can confirm you’ve properly entered during the relevant Promotion Period. Alternatively, you may submit your answer during the respective Promotion Period via email to [email protected]; please include “MPQ CAPTION CONTEST GIVEAWAY ANSWER” in the subject line and the caption in the body of the email. Online entry or email entry is the only method of entry. Limit 1 entry per person per Promotion Period.

Incomplete, false or deceptive entries are void. Winner(s) will be picked and announced by Facebook via the comments of the original post on @MarvelPuzzleQuest within 2 days following the end of the applicable Promotion Period from all entries received during the corresponding Promotion Period. D3Publisher of America, Inc.’s (“D3 Go!”) computer will serve as the official time keeping device for this Promotion. All entries submitted may be re-posted by D3 Go! on any D3 Go! owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.

2. ELIGIBILITY: The Promotion is open to residents of the 50 United States and the District of Columbia, and 18 or older as of April 2, 2021. Employees of D3 Go!, Marvel Entertainment LLC (“Marvel”), and the Walt Disney Company (“Disney”) and their respective parent companies, subsidiaries, affiliates, employees, officers, directors, vendors, clients (collectively, “Promotion Entities”), and each of their immediate families and members of their households are ineligible to participate in this Promotion. Void where prohibited.

3. SELECTING THE WINNER AND NOTIFICATION: 3 potential prize winners will be selected by at random drawing after compiling all eligible entrants for each Promotion Period (each an “Entrant” and collectively the “Entrants”). All obscene or inappropriate submissions will be discounted for the purposes of choosing a winner. D3 Go!, whose decision is final and binding in all respects, will contact the selected Entrant through Facebook message or email (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the applicable Promotion Period. Failure of Potential Prize Winner to respond to such notification within 72 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”). Alternate Potential Winner shall be contacted via DM as soon as practicable and shall also have 72 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Promotion, Entrant accepts and agrees to these Official Rules and the decisions of D3 Go!, which shall be final in all matters. Except where prohibited by law, Entrant’s entry and/or acceptance of the Prize constitutes permission for the Promotion Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for promotional or advertising purposes in connection with this Promotion on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration. All winners must currently have valid player ID upon conclusion of contest.

4. PRIZES AND TAXES: The 3 Winners for each Promotion Period will receive 400 shards for Winter Soldier (Bucky Barnes) and 400 shards for Sam Wilson (Falcon) in the Marvel Puzzle Quest game (each and collectively a “Prize”). The average retail value (“ARV”) of each Prize is approximately $20 USD. The estimated ARV of all Prizes awarded is $60 USD. Each Winner understands that a current valid Player ID upon conclusion of contest is necessary to redeem prize. Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household per Promotion Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

Any applicable federal, state and local taxes and liabilities arising from this Promotion, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Winner. Winner shall provide, upon D3 Go!’s request, all available information that D3 Go! may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that D3 Go! will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.

5. RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of D3 Go! and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless D3 Go!, Marvel, The Walt Disney Company and their affiliates (and each of their officers, directors, and employees), the Promotion Entities, Facebook, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement in connection with this Promotion, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. D3 Go! may rescind any Promotion found to contain such errors without liability at its sole discretion.

D3 GO! AND THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

6. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion 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 Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If for any reason this Promotion 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 D3 Go! which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then D3 Go! reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by D3 Go! up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Promotion you are giving your permission to receive emails from D3 Go!

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, 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 PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

8. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.

9. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS PROMOTION, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO D3 GO!’S TERMS OF USE AND PRIVACY POLICY, AVAILABLE HERE: https://d3go.com/legals/#terms_of_use AND https://d3go.com/legals/#privacy_policy; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO THE FOREGOING. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER’S LIST.

10. NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by, prize providers, or otherwise associated with Marvel, The Walt Disney Company (or their affiliates), Facebook, or any third party brands featured in each Prize.

11. RULES/WINNERS LIST: For the name of the Prize Winner please watch Facebook via the comments of the original post on the date it’s announced pursuant to the schedule set forth above or send an email to [email protected]. In the subject of the email, type “MPQ WINNER’S LIST- 2021.”


OFFICIAL CONTEST RULES – MARVEL PUZZLE QUEST SUPER HERO CONTEST GIVEAWAY

1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Marvel Puzzle Quest Super Hero Contest Giveaway (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins on April 28, 2021 and ends April 30, 2021. Throughout this period, you may enter the Promotion by following the instructions of each Facebook post on https://www.facebook.com/MarvelPuzzleQuest/ (each a “Post”), which may consist of following specified accounts, double tapping/liking and adding a comment featuring the answer to the corresponding static, in-feed Post within 48 hours of the Post (each and collectively, a “Promotion Period”). Make sure your settings are public so we can confirm you’ve properly entered during the relevant Promotion Period. Alternatively, you may submit your answer during the respective Promotion Period via email to [email protected]; please include “MPQ SUPER HERO CONTEST GIVEAWAY ANSWER” in the subject line and the name of the Super Hero in your life in the body of the email. Online entry or email entry is the only method of entry. Limit 1 entry per person per Promotion Period.

Incomplete, false or deceptive entries are void. Winner(s) will be picked and announced by Facebook via the comments of the original post on @MarvelPuzzleQuest within 2 days following the end of the applicable Promotion Period from all entries received during the corresponding Promotion Period. D3Publisher of America, Inc.’s (“D3 Go!”) computer will serve as the official time keeping device for this Promotion. All entries submitted may be re-posted by D3 Go! on any D3 Go! owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.

2. ELIGIBILITY: The Promotion is open to residents of the 50 United States and the District of Columbia, and 18 or older as of April 28, 2021. Employees of D3 Go!, Marvel Entertainment LLC (“Marvel”), and the Walt Disney Company (“Disney”) and their respective parent companies, subsidiaries, affiliates, employees, officers, directors, vendors, clients (collectively, “Promotion Entities”), and each of their immediate families and members of their households are ineligible to participate in this Promotion. Void where prohibited.

3. SELECTING THE WINNER AND NOTIFICATION: 2 potential prize winners will be selected by at random drawing after compiling all eligible entrants for each Promotion Period (each an “Entrant” and collectively the “Entrants”). These 2 potential prize winners and the 1 qualified recipient each of them selects via Facebook tag will be contacted by D3 Go! to confirm Player ID to receive 400 shards for their selected character in Marvel Puzzle Quest.  All recipients tagged must verify acceptance of these Official rules to qualify. Failure to provide acceptance or qualification of contest rules may result in disqualification of entry. All obscene or inappropriate submissions will be discounted for the purposes of choosing a winner. D3 Go!, whose decision is final and binding in all respects, will contact the selected Entrant through Facebook message or email (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the applicable Promotion Period.  Failure of Potential Prize Winner to respond to such notification within 72 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”).  Alternate Potential Winner shall be contacted via DM as soon as practicable and shall also have 72 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Promotion, Entrant accepts and agrees to these Official Rules and the decisions of D3 Go!, which shall be final in all matters. Except where prohibited by law, Entrant’s entry and/or acceptance of the Prize constitutes permission for the Promotion Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for promotional or advertising purposes in connection with this Promotion on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration.  All winners must currently have valid player ID upon conclusion of contest.

4. PRIZES AND TAXES: The 2 Winners for each Promotion Period will receive 400 shards for their favorite character and can provide the PLAYER ID for another Marvel Puzzle Quest player to also receive 400 shards for their favorite character in the Marvel Puzzle Quest game (each and collectively a “Prize”). The average retail value (“ARV”) of each Prize is approximately $20 USD. The estimated ARV of all Prizes awarded is $40 USD. Each Winner understands that a current valid Player ID upon conclusion of contest is necessary to redeem prize. Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household per Promotion Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

Any applicable federal, state and local taxes and liabilities arising from this Promotion, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Winner. Winner shall provide, upon D3 Go!’s request, all available information that D3 Go! may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that D3 Go! will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.

5. RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of D3 Go! and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless D3 Go!, Marvel, The Walt Disney Company and their affiliates (and each of their officers, directors, and employees), the Promotion Entities, Facebook, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement in connection with this Promotion, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. D3 Go! may rescind any Promotion found to contain such errors without liability at its sole discretion.

D3 GO! AND THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived.  Said section reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

6. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion 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 Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If for any reason this Promotion 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 D3 Go! which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then D3 Go! reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by D3 Go! up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Promotion you are giving your permission to receive emails from D3 Go! 

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, 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 PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

8. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations.  Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws.  All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA.  Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.

9. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS PROMOTION, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO D3 GO!’S TERMS OF USE AND PRIVACY POLICY, AVAILABLE HERE: https://d3go.com/legals/#terms_of_use AND https://d3go.com/legals/#privacy_policy; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO THE FOREGOING. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER’S LIST.

10. NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by, prize providers, or otherwise associated with Marvel, The Walt Disney Company (or their affiliates), Facebook, or any third party brands featured in each Prize.

11. RULES/WINNERS LIST: For the name of the Prize Winner please watch Facebook via the comments of the original post on the date it’s announced pursuant to the schedule set forth above or send an email to [email protected]. In the subject of the email, type “MPQ WINNER’S LIST- 2021.”


The MARVEL PUZZLE QUEST – THE PUZZLE QUEST CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY.
VOID WHERE PROHIBITED BY LAW.

OFFICIAL CONTEST RULES – MARVEL PUZZLE QUEST – THE PUZZLE QUEST CONTEST

1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or qualify for prize in the Marvel Puzzle Quest The Puzzle Quest Contest (the “Contest”). Any purchase or payment will not increase your chance of winning the Contest. The Contest begins on July 14, 2021 and ends July 24, 2021. Throughout this period, you may enter the Contest by following the instructions found here https://d3go.helpshift.com/a/marvel-puzzle-quest/?s=news&f=the-puzzle-quest-challenge-is-live-find-clues-win-prizes, which may consist of answering a series of trivia questions correctly via the official online form within the timeline set with each instruction (each and collectively, a “Contest Period”). Alternatively, you may submit your answer during the respective Contest Period via email to [email protected]; please include “MPQ THE PUZZLE QUEST ANSWER” in the subject line and the caption in the body of the email. Online entry or email entry is the only method of entry. Limit 1 entry per person per Contest Period.

Incomplete, false or deceptive entries are void. Winner(s) will be picked and verified by D3Publisher of America, Inc. (“D3 Go!”) and winners will be contacted via email with access to a digital prize within 14 days following the end of the applicable Contest Period from all entries received during the corresponding Contest Period. D3 Go’s! computer will serve as the official time keeping device for this Contest. All entries submitted may be re-posted by D3 Go! on any D3 Go! owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.

2. ELIGIBILITY: The Contest is open to any qualified Marvel Puzzle Quest account holder and 18 or older as of July 14, 2021. A minor is defined as 18 years of age or older or the age of majority in your state as of July 14, 2021. Employees of D3 Go!, Marvel Entertainment LLC (“Marvel”), and the Walt Disney Company (“Disney”) and their respective parent companies, subsidiaries, affiliates, employees, officers, directors, vendors, clients (collectively, “Contest Entities”), and each of their immediate families and members of their households are ineligible to participate in this Contest. Void where prohibited.

3. SELECTING THE WINNER AND NOTIFICATION: All potential participants can qualify for prize by completing official form and providing the correct answer to trivia question by closure of each trivia challenge for each Contest Period (each an “Entrant” and collectively the “Entrants”). All obscene or inappropriate submissions will be discounted. D3 Go!, whose decision is final and binding in all respects, will contact each selected Entrant through email on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Contest, Entrant accepts and agrees to these Official Rules and the decisions of D3 Go!, which shall be final in all matters. Except where prohibited by law, Entrant’s entry and/or acceptance of the Prize constitutes permission for the Contest Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for Contestal or advertising purposes in connection with this Contest on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration. All winners must currently have valid player ID upon conclusion of contest.

4. PRIZES AND TAXES: All qualified participants for each Contest Period will receive a pre-determined reward in the Marvel Puzzle Quest game that will be displayed at each stage of the Contest. The average retail value (“ARV”) of each Prize is approximately $10 USD. The estimated ARV of all Prizes awarded is $50 USD per qualified winner. A MAX 250,000 winners will be rewarded per each stage of the Contest. Each Winner understands that a current valid Player ID upon conclusion of contest is necessary to redeem prize. Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per stage per Marvel Puzzle Quest player account per Contest Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

Any applicable federal, state and local taxes and liabilities arising from this Contest, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Winner. Winner shall provide, upon D3 Go!’s request, all available information that D3 Go! may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that D3 Go! will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.

5. RELEASE: This Contest is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of D3 Go! and waive any and all right to claim ambiguity in the Contest or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless D3 Go!, Marvel, The Walt Disney Company and their affiliates (and each of their officers, directors, and employees), the Contest Entities, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement in connection with this Contest, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. D3 Go! may rescind any Contest found to contain such errors without liability at its sole discretion.

D3 GO! AND THE CONTEST ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

6. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Contest; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (5) technical or human error which may occur in the administration of the Contest 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 Contest or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Contest. If for any reason this Contest 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 D3 Go! which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then D3 Go! reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Contest. By entering this Contest you are giving your permission to receive emails from D3 Go!

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages.

7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS CONTEST, 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 CONTEST, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

8. APPLICABLE LAWS AND JURISDICTION. This Contest is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Contest shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.

9. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS CONTEST, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO D3 GO!’S TERMS OF USE AND PRIVACY POLICY, AVAILABLE HERE: https://d3go.com/legals/#terms_of_use AND https://d3go.com/legals/#privacy_policy; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO THE FOREGOING. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER’S LIST.

10. NO ASSOCIATION: This Contest is in no way sponsored, endorsed or administered by, prize providers, or otherwise associated with Marvel, The Walt Disney Company (or their affiliates), or any third party brands featured in each Prize.

11. RULES/WINNERS LIST: All qualified participants will be deemed a prize winner. For confirmation of prize, please send an email to [email protected]. In the subject of the email, type “MPQ WINNER’S LIST- 2021.”


The MARVEL PUZZLE QUEST LIVESTREAM TRIVIA – JULY 23 OFFICIAL RULES

NO PURCHASE NECESSARY.

VOID WHERE PROHIBITED BY LAW.

OFFICIAL CONTEST RULES – MARVEL PUZZLE QUEST LIVESTREAM TRIVIA-JULY 23

1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Marvel Puzzle Quest Livestream Trivia-July 23 Giveaway (the “Contest”). Any purchase or payment will not increase your chance of winning the Contest. The Contest begins on July 23, 2021 and ends July 23, 2021. Throughout this period, you may enter the Contest by following the instructions provided by host and/or YouTube chat feature from the Marvel Puzzle Quest Livestream on July 23, 2021 on YouTube https://www.youtube.com/c/JamesWillemsStuff which may consist of answering a series of trivia questions correctly via the YouTube chat feature within the time the video is streaming live on YouTube (each and collectively, a “Contest Period”). Make sure your settings are public so we can confirm you’ve properly entered during the relevant Contest Period. Limit 1 reward per person and Marvel Puzzle Quest account during YouTube Livestream Contest Period.

Incomplete, false or deceptive entries are void. Winner(s) will be picked and announced during YouTube livestream in the comments of the stream by chat feature moderator from all entries received during the corresponding Contest Period. D3Publisher of America, Inc.’s (“D3 Go!”) computer will serve as the official time keeping device for this Contest. All entries submitted may be re-posted by D3 Go! on any D3 Go! owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.

2. ELIGIBILITY: The Contest is open to any qualified Marvel Puzzle Quest account holder and 18 or older as of July 23, 2021. A minor is defined as 18 years of age or older or the age of majority in your state as of July 14, 2021.Employees of D3 Go!, Marvel Entertainment LLC (“Marvel”), and the Walt Disney Company (“Disney”) and their respective parent companies, subsidiaries, affiliates, employees, officers, directors, vendors, clients (collectively, “Contest Entities”), and each of their immediate families and members of their households are ineligible to participate in this Contest. Void where prohibited.

3. SELECTING THE WINNER AND NOTIFICATION: 1 potential prize winners will be selected for each trivia question answered via the chat feature with the correct answer to question for each Contest Period (each an “Entrant” and collectively the “Entrants”). All obscene or inappropriate submissions will be discounted for the purposes of choosing a winner. D3 Go!, whose decision is final and binding in all respects, will contact the selected Entrant through YouTube chat feature or email during the actual livestream set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the applicable Contest Period. Failure of Potential Prize Winner to respond to such notification during livestream will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”).  Alternate Potential Winner shall be contacted via YouTube chat feature as soon as practicable and shall also respond during livestream run. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Contest, Entrant accepts and agrees to these Official Rules and the decisions of D3 Go!, which shall be final in all matters. Except where prohibited by law, Entrant’s entry and/or acceptance of the Prize constitutes permission for the Contest Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for Contestal or advertising purposes in connection with this Contest on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration.  All winners must currently have valid player ID upon conclusion of contest.

4. PRIZES AND TAXES: Each (1) winner for each (1) trivia question will receive an in-game prize in the Marvel Puzzle Quest game (each and collectively a “Prize”). The average retail value (“ARV”) of each Prize is approximately $10 USD. The estimated ARV of all Prizes awarded is $150 USD. Each Winner understands that a current valid Player ID upon conclusion of contest is necessary to redeem prize. Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household per Contest Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

Any applicable federal, state and local taxes and liabilities arising from this Contest, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Winner. Winner shall provide, upon D3 Go!’s request, all available information that D3 Go! may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that D3 Go! will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.

5. RELEASE: This Contest is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of D3 Go! and waive any and all right to claim ambiguity in the Contest or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless D3 Go!, Marvel, The Walt Disney Company and their affiliates (and each of their officers, directors, and employees), the Contest Entities, YouTube, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement in connection with this Contest, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. D3 Go! may rescind any Contest found to contain such errors without liability at its sole discretion.

D3 GO! AND THE CONTEST ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived.  Said section reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

6. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Contest; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (5) technical or human error which may occur in the administration of the Contest 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 Contest or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Contest. If for any reason this Contest 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 D3 Go! which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then D3 Go! reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Contest and to select potential winners from among all eligible entries received by D3 Go! up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Contest you are giving your permission to receive emails from D3 Go! 

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages.

7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS CONTEST, 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 CONTEST, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

8. APPLICABLE LAWS AND JURISDICTION. This Contest is subject to all applicable federal, state, and local laws and regulations.  Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Contest shall be governed by the laws of the State of California, without regard to any principles of conflict of laws.  All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA.  Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.

9. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS CONTEST, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO D3 GO!’S TERMS OF USE AND PRIVACY POLICY, AVAILABLE HERE: https://d3go.com/legals/#terms_of_use AND https://d3go.com/legals/#privacy_policy; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO THE FOREGOING. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER’S LIST.

10. NO ASSOCIATION: This Contest is in no way sponsored, endorsed or administered by, prize providers, or otherwise associated with Marvel, The Walt Disney Company (or their affiliates), YouTube, or any third party brands featured in each Prize.

11. RULES/WINNERS LIST: For the name of the Prize Winner please watch YouTube via the chat feature during the date of the livestream or send an email to [email protected]. In the subject of the email, type “MPQ WINNER’S LIST- 2021.”


OFFICIAL CONTEST RULES – MARVEL PUZZLE QUEST FRIEND’S DAY CONTEST GIVEAWAY

1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Marvel Puzzle Quest Friend’s Day Contest Giveaway (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins on July 30, 2021 and ends August 1, 2021. Throughout this period, you may enter the Promotion by following the instructions of each Instagram post on https://www.instagram.com/marvelpuzzlequest (each a “Post”), which may consist of following specified accounts, double tapping/liking and adding a comment featuring the answer to the corresponding static, in-feed Post within 48 hours of the Post (each and collectively, a “Promotion Period”). Make sure your settings are public so we can confirm you’ve properly entered during the relevant Promotion Period. Alternatively, you may submit your answer during the respective Promotion Period via email to [email protected]; please include “MPQ FRIEND’S DAY CONTEST GIVEAWAY ANSWER” in the subject line and the name of the friend in your life in the body of the email. Online entry or email entry is the only method of entry. Limit 1 entry per person per Promotion Period.

Incomplete, false or deceptive entries are void. Winner(s) will be picked and announced by Instagram via the comments of the original post on @MarvelPuzzleQuest within 2 days following the end of the applicable Promotion Period from all entries received during the corresponding Promotion Period. D3Publisher of America, Inc.’s (“D3 Go!”) computer will serve as the official time keeping device for this Promotion. All entries submitted may be re-posted by D3 Go! on any D3 Go! owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.

2. ELIGIBILITY: The Promotion is open to residents of the 50 United States and the District of Columbia, and 18 or older as of July 30, 2021. Employees of D3 Go!, Marvel Entertainment LLC (“Marvel”), and the Walt Disney Company (“Disney”) and their respective parent companies, subsidiaries, affiliates, employees, officers, directors, vendors, clients (collectively, “Promotion Entities”), and each of their immediate families and members of their households are ineligible to participate in this Promotion. Void where prohibited.

3. SELECTING THE WINNER AND NOTIFICATION: 2 potential prize winners will be selected by at random drawing after compiling all eligible entrants for each Promotion Period (each an “Entrant” and collectively the “Entrants”). These 2 potential prize winners and the 1 qualified recipient each of them selects via Instagram tag will be contacted by D3 Go! to confirm Player ID to receive 500 shards for their selected character in Marvel Puzzle Quest.  All recipients tagged must verify acceptance of these Official rules to qualify. Failure to provide acceptance or qualification of contest rules may result in disqualification of entry. All obscene or inappropriate submissions will be discounted for the purposes of choosing a winner. D3 Go!, whose decision is final and binding in all respects, will contact the selected Entrant through Instagram message or email (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the applicable Promotion Period.  Failure of Potential Prize Winner to respond to such notification within 72 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”).  Alternate Potential Winner shall be contacted via DM as soon as practicable and shall also have 72 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Promotion, Entrant accepts and agrees to these Official Rules and the decisions of D3 Go!, which shall be final in all matters. Except where prohibited by law, Entrant’s entry and/or acceptance of the Prize constitutes permission for the Promotion Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for promotional or advertising purposes in connection with this Promotion on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration.  All winners must currently have valid player ID upon conclusion of contest.

4. PRIZES AND TAXES: The 2 Winners for each Promotion Period will receive 500 shards for their favorite character and can provide the PLAYER ID for another Marvel Puzzle Quest player to also receive 500 shards for their favorite character in the Marvel Puzzle Quest game (each and collectively a “Prize”). The average retail value (“ARV”) of each Prize is approximately $25 USD. The estimated ARV of all Prizes awarded is $50 USD. Each Winner understands that a current valid Player ID upon conclusion of contest is necessary to redeem prize. Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household per Promotion Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

Any applicable federal, state and local taxes and liabilities arising from this Promotion, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Winner. Winner shall provide, upon D3 Go!’s request, all available information that D3 Go! may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that D3 Go! will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.

5. RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of D3 Go! and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless D3 Go!, Marvel, The Walt Disney Company and their affiliates (and each of their officers, directors, and employees), the Promotion Entities, Instagram, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement in connection with this Promotion, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. D3 Go! may rescind any Promotion found to contain such errors without liability at its sole discretion.

D3 GO! AND THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived.  Said section reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

6. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion 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 Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If for any reason this Promotion 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 D3 Go! which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then D3 Go! reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by D3 Go! up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Promotion you are giving your permission to receive emails from D3 Go! 

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, 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 PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

8. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations.  Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws.  All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA.  Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.

9. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS PROMOTION, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO D3 GO!’S TERMS OF USE AND PRIVACY POLICY, AVAILABLE HERE: https://d3go.com/legals/#terms_of_use AND https://d3go.com/legals/#privacy_policy; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO THE FOREGOING. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER’S LIST.

10. NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by, prize providers, or otherwise associated with Marvel, The Walt Disney Company (or their affiliates), Instagram, or any third party brands featured in each Prize.

11. RULES/WINNERS LIST: For the name of the Prize Winner please watch Instagram via the comments of the original post on the date it’s announced pursuant to the schedule set forth above or send an email to [email protected]. In the subject of the email, type “MPQ WINNER’S LIST- 2021.”


OFFICIAL CONTEST RULES – MARVEL PUZZLE QUEST WHO WOULD YOU CHOOSE CONTEST GIVEAWAY

1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Marvel Puzzle Quest Who Would You Choose Contest Giveaway (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins on August 13, 2021 and ends August 15, 2021. Throughout this period, you may enter the Promotion by following the instructions of each Instagram post on https://www.instagram.com/marvelpuzzlequest, each Facebook post on https://www.facebook.com/MarvelPuzzleQuest, each Twitter post on https://twitter.com/MarvelPuzzle (each a “Post”), which may consist of following specified accounts, double tapping/liking and adding a comment featuring the answer to the corresponding static, in-feed Post within 48 hours of the Post (each and collectively, a “Promotion Period”). Make sure your settings are public so we can confirm you’ve properly entered during the relevant Promotion Period. Alternatively, you may submit your answer during the respective Promotion Period via email to [email protected]; please include “MPQ WHO WOULD YOU CHOOSE GIVEAWAY ANSWER” in the subject line . Online entry or email entry is the only method of entry. Limit 1 entry per person per Promotion Period.

Incomplete, false or deceptive entries are void. Winner(s) will be picked and announced by Instagram, Facebook, Twitter via the comments of the original post on @MarvelPuzzleQuest and @MarvelPuzzle within 2 days following the end of the applicable Promotion Period from all entries received during the corresponding Promotion Period. D3Publisher of America, Inc.’s (“D3 Go!”) computer will serve as the official time keeping device for this Promotion. All entries submitted may be re-posted by D3 Go! on any D3 Go! owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.

2. ELIGIBILITY: The Promotion is open to residents of the 50 United States and the District of Columbia, and 18 or older as of August 13, 2021. Employees of D3 Go!, Marvel Entertainment LLC (“Marvel”), and the Walt Disney Company (“Disney”) and their respective parent companies, subsidiaries, affiliates, employees, officers, directors, vendors, clients (collectively, “Promotion Entities”), and each of their immediate families and members of their households are ineligible to participate in this Promotion. Void where prohibited.

3. SELECTING THE WINNER AND NOTIFICATION: 2 potential prize winners will be selected by at random drawing after compiling all eligible entrants for each Promotion Period (each an “Entrant” and collectively the “Entrants”). These 2 potential prize winners from Instagram, Facebook, and Twitter will be contacted by D3 Go! to confirm Player ID to receive 400 shards for their selected character in Marvel Puzzle Quest.  Failure to provide acceptance or qualification of contest rules may result in disqualification of entry. All obscene or inappropriate submissions will be discounted for the purposes of choosing a winner. D3 Go!, whose decision is final and binding in all respects, will contact the selected Entrant through Instagram message or email (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the applicable Promotion Period.  Failure of Potential Prize Winner to respond to such notification within 72 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”).  Alternate Potential Winner shall be contacted via DM as soon as practicable and shall also have 72 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Promotion, Entrant accepts and agrees to these Official Rules and the decisions of D3 Go!, which shall be final in all matters. Except where prohibited by law, Entrant’s entry and/or acceptance of the Prize constitutes permission for the Promotion Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for promotional or advertising purposes in connection with this Promotion on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration.  All winners must currently have valid player ID upon conclusion of contest.

4. PRIZES AND TAXES: The 2 Winners for each Promotion Period will receive 400 shards for their favorite character in the Marvel Puzzle Quest game (each and collectively a “Prize”). The average retail value (“ARV”) of each Prize is approximately $25 USD. The estimated ARV of all Prizes awarded is $50 USD. Each Winner understands that a current valid Player ID upon conclusion of contest is necessary to redeem prize. Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household per Promotion Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

Any applicable federal, state and local taxes and liabilities arising from this Promotion, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Winner. Winner shall provide, upon D3 Go!’s request, all available information that D3 Go! may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that D3 Go! will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.

5. RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of D3 Go! and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless D3 Go!, Marvel, The Walt Disney Company and their affiliates (and each of their officers, directors, and employees), the Promotion Entities, Instagram, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement in connection with this Promotion, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. D3 Go! may rescind any Promotion found to contain such errors without liability at its sole discretion.

D3 GO! AND THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived.  Said section reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

6. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion 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 Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If for any reason this Promotion 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 D3 Go! which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then D3 Go! reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by D3 Go! up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Promotion you are giving your permission to receive emails from D3 Go! 

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, 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 PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

8. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations.  Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws.  All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA.  Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.

9. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS PROMOTION, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO D3 GO!’S TERMS OF USE AND PRIVACY POLICY, AVAILABLE HERE: https://d3go.com/legals/#terms_of_use AND https://d3go.com/legals/#privacy_policy; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO THE FOREGOING. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER’S LIST.

10. NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by, prize providers, or otherwise associated with Marvel, The Walt Disney Company (or their affiliates), Instagram, Facebook, Twitter or any third party brands featured in each Prize.

11. RULES/WINNERS LIST: For the name of the Prize Winner please watch Instagram, Facebook, and Twitter via the comments of the original post on the date it’s announced pursuant to the schedule set forth above or send an email to [email protected]. In the subject of the email, type “MPQ WINNER’S LIST- 2021.”


OFFICIAL CONTEST RULES – MARVEL PUZZLE QUEST NATIONAL VIDEO GAMES DAY CONTEST GIVEAWAY

1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Marvel Puzzle Quest National Video Games Day Contest Giveaway (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins on September 12, 2021 and ends September 14, 2021. Throughout this period, you may enter the Promotion by following the instructions of each Facebook post on https://www.facebook.com/MarvelPuzzleQuest/ (each a “Post”), which may consist of following specified accounts, double tapping/liking and adding a comment featuring the answer to the corresponding static, in-feed Post within 48 hours of the Post (each and collectively, a “Promotion Period”). Make sure your settings are public so we can confirm you’ve properly entered during the relevant Promotion Period. Alternatively, you may submit your answer during the respective Promotion Period via email to [email protected]; please include “MPQ NATIONAL VIDEO GAMES DAY GIVEAWAY ANSWER” in the subject line and your favorite Marvel Puzzle Quest character in the body of the email. Online entry or email entry is the only method of entry. Limit 1 entry per person per Promotion Period.

Incomplete, false or deceptive entries are void. Winner(s) will be picked and announced by Facebook via the comments of the original post on @MarvelPuzzleQuest within 2 days following the end of the applicable Promotion Period from all entries received during the corresponding Promotion Period. D3Publisher of America, Inc.’s (“D3 Go!”) computer will serve as the official time keeping device for this Promotion. All entries submitted may be re-posted by D3 Go! on any D3 Go! owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.

2. ELIGIBILITY: The Promotion is open to residents of the 50 United States and the District of Columbia, and 18 or older as of September 12, 2021. Employees of D3 Go!, Marvel Entertainment LLC (“Marvel”), and the Walt Disney Company (“Disney”) and their respective parent companies, subsidiaries, affiliates, employees, officers, directors, vendors, clients (collectively, “Promotion Entities”), and each of their immediate families and members of their households are ineligible to participate in this Promotion. Void where prohibited.

3. SELECTING THE WINNER AND NOTIFICATION: 2 potential prize winners will be selected by at random drawing after compiling all eligible entrants for each Promotion Period (each an “Entrant” and collectively the “Entrants”). All obscene or inappropriate submissions will be discounted for the purposes of choosing a winner. D3 Go!, whose decision is final and binding in all respects, will contact the selected Entrant through Facebook message or email (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the applicable Promotion Period. Failure of Potential Prize Winner to respond to such notification within 72 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”).  Alternate Potential Winner shall be contacted via DM as soon as practicable and shall also have 72 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Promotion, Entrant accepts and agrees to these Official Rules and the decisions of D3 Go!, which shall be final in all matters. Except where prohibited by law, Entrant’s entry and/or acceptance of the Prize constitutes permission for the Promotion Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for promotional or advertising purposes in connection with this Promotion on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration.  All winners must currently have valid player ID upon conclusion of contest.

4. PRIZES AND TAXES: The 2 Winners for each Promotion Period will receive 400 shards for your favorite character in the Marvel Puzzle Quest game (each and collectively a “Prize”). The average retail value (“ARV”) of each Prize is approximately $10 USD. The estimated ARV of all Prizes awarded is $20 USD. Each Winner understands that a current valid Player ID upon conclusion of contest is necessary to redeem prize. Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household per Promotion Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

Any applicable federal, state and local taxes and liabilities arising from this Promotion, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Winner. Winner shall provide, upon D3 Go!’s request, all available information that D3 Go! may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that D3 Go! will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.

5. RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of D3 Go! and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless D3 Go!, Marvel, The Walt Disney Company and their affiliates (and each of their officers, directors, and employees), the Promotion Entities, Facebook, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement in connection with this Promotion, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. D3 Go! may rescind any Promotion found to contain such errors without liability at its sole discretion.

D3 GO! AND THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived.  Said section reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

6. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion 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 Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If for any reason this Promotion 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 D3 Go! which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then D3 Go! reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by D3 Go! up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Promotion you are giving your permission to receive emails from D3 Go! 

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, 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 PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

8. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations.  Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws.  All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA.  Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.

9. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS PROMOTION, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO D3 GO!’S TERMS OF USE AND PRIVACY POLICY, AVAILABLE HERE: https://d3go.com/legals/#terms_of_use AND https://d3go.com/legals/#privacy_policy; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO THE FOREGOING. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER’S LIST.

10. NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by, prize providers, or otherwise associated with Marvel, The Walt Disney Company (or their affiliates), Facebook, or any third party brands featured in each Prize.

11. RULES/WINNERS LIST: For the name of the Prize Winner please watch Facebook via the comments of the original post on the date it’s announced pursuant to the schedule set forth above or send an email to [email protected]. In the subject of the email, type “MPQ WINNER’S LIST- 2021.”


OFFICIAL CONTEST RULES – MARVEL PUZZLE QUEST TAG A MARVEL FAN CONTEST GIVEAWAY

1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Marvel Puzzle Quest Tag a Marvel Fan Contest Giveaway (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins on September 22, 2021 and ends September 24, 2021. Throughout this period, you may enter the Promotion by following the instructions of each Facebook post on https://www.facebook.com/MarvelPuzzleQuest (each a “Post”), which may consist of following specified accounts, double tapping/liking and adding a comment featuring the answer to the corresponding static, in-feed Post within 48 hours of the Post (each and collectively, a “Promotion Period”). Make sure your settings are public so we can confirm you’ve properly entered during the relevant Promotion Period. Alternatively, you may submit your answer during the respective Promotion Period via email to [email protected]; please include “MPQ TAG A MARVEL FAN CONTEST GIVEAWAY ANSWER” in the subject line and the name of the friend in your life in the body of the email. Online entry or email entry is the only method of entry. Limit 1 entry per person per Promotion Period.

Incomplete, false or deceptive entries are void. Winner(s) will be picked and announced by Facebook via the comments of the original post on @MarvelPuzzleQuest within 2 days following the end of the applicable Promotion Period from all entries received during the corresponding Promotion Period. D3Publisher of America, Inc.’s (“D3 Go!”) computer will serve as the official time keeping device for this Promotion. All entries submitted may be re-posted by D3 Go! on any D3 Go! owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.

2. ELIGIBILITY: The Promotion is open to residents of the 50 United States and the District of Columbia, and 18 or older as of September 22, 2021. Employees of D3 Go!, Marvel Entertainment LLC (“Marvel”), and the Walt Disney Company (“Disney”) and their respective parent companies, subsidiaries, affiliates, employees, officers, directors, vendors, clients (collectively, “Promotion Entities”), and each of their immediate families and members of their households are ineligible to participate in this Promotion. Void where prohibited.

3. SELECTING THE WINNER AND NOTIFICATION: 2 potential prize winners will be selected by at random drawing after compiling all eligible entrants for each Promotion Period (each an “Entrant” and collectively the “Entrants”). These 2 potential prize winners and the 1 qualified recipient each of them selects via Facebook tag will be contacted by D3 Go! to confirm Player ID to receive 400 shards for their selected character in Marvel Puzzle Quest.  All recipients tagged must verify acceptance of these Official rules to qualify. Failure to provide acceptance or qualification of contest rules may result in disqualification of entry. All obscene or inappropriate submissions will be discounted for the purposes of choosing a winner. D3 Go!, whose decision is final and binding in all respects, will contact the selected Entrant through Facebook message or email (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the applicable Promotion Period.  Failure of Potential Prize Winner to respond to such notification within 72 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”).  Alternate Potential Winner shall be contacted via DM as soon as practicable and shall also have 72 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Promotion, Entrant accepts and agrees to these Official Rules and the decisions of D3 Go!, which shall be final in all matters. Except where prohibited by law, Entrant’s entry and/or acceptance of the Prize constitutes permission for the Promotion Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for promotional or advertising purposes in connection with this Promotion on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration.  All winners must currently have valid player ID upon conclusion of contest.

4. PRIZES AND TAXES: The 2 Winners for each Promotion Period will receive 400 shards for their favorite character and can provide the PLAYER ID for another Marvel Puzzle Quest player to also receive 400 shards for their favorite character in the Marvel Puzzle Quest game (each and collectively a “Prize”). The average retail value (“ARV”) of each Prize is approximately $10 USD. The estimated ARV of all Prizes awarded is $40 USD. Each Winner understands that a current valid Player ID upon conclusion of contest is necessary to redeem prize. Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household per Promotion Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

Any applicable federal, state and local taxes and liabilities arising from this Promotion, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Winner. Winner shall provide, upon D3 Go!’s request, all available information that D3 Go! may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that D3 Go! will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.

5. RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of D3 Go! and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless D3 Go!, Marvel, The Walt Disney Company and their affiliates (and each of their officers, directors, and employees), the Promotion Entities, Instagram, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement in connection with this Promotion, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. D3 Go! may rescind any Promotion found to contain such errors without liability at its sole discretion.

D3 GO! AND THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived.  Said section reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

6. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion 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 Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If for any reason this Promotion 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 D3 Go! which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then D3 Go! reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by D3 Go! up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Promotion you are giving your permission to receive emails from D3 Go! 

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, 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 PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

8. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations.  Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws.  All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA.  Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.

9. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS PROMOTION, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO D3 GO!’S TERMS OF USE AND PRIVACY POLICY, AVAILABLE HERE: https://d3go.com/legals/#terms_of_use AND https://d3go.com/legals/#privacy_policy; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO THE FOREGOING. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER’S LIST.

10. NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by, prize providers, or otherwise associated with Marvel, The Walt Disney Company (or their affiliates), Facebook, or any third party brands featured in each Prize.

11. RULES/WINNERS LIST: For the name of the Prize Winner please watch Facebook via the comments of the original post on the date it’s announced pursuant to the schedule set forth above or send an email to [email protected]. In the subject of the email, type “MPQ WINNER’S LIST- 2021.”


OFFICIAL CONTEST RULES – MARVEL PUZZLE QUEST NAME THE ANNIVERSARY CHARACTER CONTEST GIVEAWAY

1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Marvel Puzzle Quest Name the Anniversary Character Contest Giveaway (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins on October 5, 2021 and ends October 7, 2021. Throughout this period, you may enter the Promotion by following the instructions of each Facebook post on https://www.facebook.com/MarvelPuzzleQuest/ (each a “Post”), which may consist of following specified accounts, double tapping/liking and adding a comment featuring the answer to the corresponding static, in-feed Post within 48 hours of the Post (each and collectively, a “Promotion Period”). Make sure your settings are public so we can confirm you’ve properly entered during the relevant Promotion Period. Alternatively, you may submit your answer during the respective Promotion Period via email to [email protected]; please include “MPQ NAME THE ANNIVERSARY CHARACTER GIVEAWAY ANSWER” in the subject line and your favorite Marvel Puzzle Quest character in the body of the email. Online entry or email entry is the only method of entry. Limit 1 entry per person per Promotion Period.

Incomplete, false or deceptive entries are void. Winner(s) will be picked and announced by Facebook via the comments of the original post on @MarvelPuzzleQuest within 2 days following the end of the applicable Promotion Period from all entries received during the corresponding Promotion Period. D3Publisher of America, Inc.’s (“D3 Go!”) computer will serve as the official time keeping device for this Promotion. All entries submitted may be re-posted by D3 Go! on any D3 Go! owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.

2. ELIGIBILITY: The Promotion is open to residents of the 50 United States and the District of Columbia, and 18 or older as of October 5, 2021. Employees of D3 Go!, Marvel Entertainment LLC (“Marvel”), and the Walt Disney Company (“Disney”) and their respective parent companies, subsidiaries, affiliates, employees, officers, directors, vendors, clients (collectively, “Promotion Entities”), and each of their immediate families and members of their households are ineligible to participate in this Promotion. Void where prohibited.

3. SELECTING THE WINNER AND NOTIFICATION: 5 potential prize winners will be selected by at random drawing after compiling all eligible entrants for each Promotion Period (each an “Entrant” and collectively the “Entrants”). All obscene or inappropriate submissions will be discounted for the purposes of choosing a winner. D3 Go!, whose decision is final and binding in all respects, will contact the selected Entrant through Facebook message or email (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the applicable Promotion Period. Failure of Potential Prize Winner to respond to such notification within 72 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”).  Alternate Potential Winner shall be contacted via DM as soon as practicable and shall also have 72 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Promotion, Entrant accepts and agrees to these Official Rules and the decisions of D3 Go!, which shall be final in all matters. Except where prohibited by law, Entrant’s entry and/or acceptance of the Prize constitutes permission for the Promotion Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for promotional or advertising purposes in connection with this Promotion on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration.  All winners must currently have valid player ID upon conclusion of contest.

4. PRIZES AND TAXES: The 5 Winners for each Promotion Period will receive 400 shards for your favorite character in the Marvel Puzzle Quest game (each and collectively a “Prize”). The average retail value (“ARV”) of each Prize is approximately $10 USD. The estimated ARV of all Prizes awarded is $50 USD. Each Winner understands that a current valid Player ID upon conclusion of contest is necessary to redeem prize. Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household per Promotion Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

Any applicable federal, state and local taxes and liabilities arising from this Promotion, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Winner. Winner shall provide, upon D3 Go!’s request, all available information that D3 Go! may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that D3 Go! will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.

5. RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of D3 Go! and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless D3 Go!, Marvel, The Walt Disney Company and their affiliates (and each of their officers, directors, and employees), the Promotion Entities, Facebook, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement in connection with this Promotion, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. D3 Go! may rescind any Promotion found to contain such errors without liability at its sole discretion.

D3 GO! AND THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived.  Said section reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

6. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion 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 Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If for any reason this Promotion 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 D3 Go! which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then D3 Go! reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by D3 Go! up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Promotion you are giving your permission to receive emails from D3 Go! 

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, 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 PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

8. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations.  Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws.  All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA.  Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.

9. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS PROMOTION, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO D3 GO!’S TERMS OF USE AND PRIVACY POLICY, AVAILABLE HERE: https://d3go.com/legals/#terms_of_use AND https://d3go.com/legals/#privacy_policy; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO THE FOREGOING. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER’S LIST.

10. NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by, prize providers, or otherwise associated with Marvel, The Walt Disney Company (or their affiliates), Facebook, or any third party brands featured in each Prize.

11. RULES/WINNERS LIST: For the name of the Prize Winner please watch Facebook via the comments of the original post on the date it’s announced pursuant to the schedule set forth above or send an email to [email protected]. In the subject of the email, type “MPQ WINNER’S LIST- 2021.”


THE MARVEL PUZZLE QUEST LIVESTREAM TRIVIA – OCTOBER 7 OFFICIAL RULES

NO PURCHASE NECESSARY.

VOID WHERE PROHIBITED BY LAW.

OFFICIAL CONTEST RULES – MARVEL PUZZLE QUEST LIVESTREAM TRIVIA-OCTOBER 7

1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Marvel Puzzle Quest Livestream Trivia-October 7 Giveaway (the “Contest”). Any purchase or payment will not increase your chance of winning the Contest. The Contest begins on October 7, 2021 and ends October 7, 2021. Throughout this period, you may enter the Contest by following the instructions provided by host and/or Twitch chat feature from the Marvel Puzzle Quest Livestream on October 7, 2021 on Twitch https://www.twitch.tv/marvel which may consist of answering a series of trivia questions correctly via the Twitch chat feature within the time the video is streaming live on Twitch (each and collectively, a “Contest Period”). Make sure your settings are public so we can confirm you’ve properly entered during the relevant Contest Period. Limit 1 reward per person and Marvel Puzzle Quest account during Twitch Livestream Contest Period.

Incomplete, false or deceptive entries are void. Winner(s) will be picked and announced during Twitch livestream in the comments of the stream by chat feature moderator from all entries received during the corresponding Contest Period. D3Publisher of America, Inc.’s (“D3 Go!”) computer will serve as the official time keeping device for this Contest. All entries submitted may be re-posted by D3 Go! on any D3 Go! owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.

2. ELIGIBILITY: The Contest is open to any qualified Marvel Puzzle Quest account holder and 18 or older as of October 7, 2021. A minor is defined as 18 years of age or older or the age of majority in your state as of October 7, 2021.Employees of D3 Go!, Marvel Entertainment LLC (“Marvel”), and the Walt Disney Company (“Disney”) and their respective parent companies, subsidiaries, affiliates, employees, officers, directors, vendors, clients (collectively, “Contest Entities”), and each of their immediate families and members of their households are ineligible to participate in this Contest. Void where prohibited.

3. SELECTING THE WINNER AND NOTIFICATION: 1 potential prize winners will be selected by a Marvel Puzzle Quest moderator for each trivia question answered first via the chat feature with the correct answer to question for each Contest Period (each an “Entrant” and collectively the “Entrants”). All obscene or inappropriate submissions will be discounted for the purposes of choosing a winner. D3 Go!, whose decision is final and binding in all respects, will contact the selected Entrant through Twitch chat feature or email during the actual livestream set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the applicable Contest Period. Failure of Potential Prize Winner to respond to such notification during livestream will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”).  Alternate Potential Winner shall be contacted via Twitch chat feature as soon as practicable and shall also respond during livestream run. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, ANDENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Contest, Entrant accepts and agrees to these Official Rules and the decisions of D3 Go!, which shall be final in all matters. Except where prohibited by law, Entrant’s entry and/or acceptance of the Prize constitutes permission for the Contest Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for Contestal or advertising purposes in connection with this Contest on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration.  All winners must currently have valid player ID upon conclusion of contest.

4. PRIZES AND TAXES: Each (1) winner for each (1) trivia question will receive an in-game prize in the Marvel Puzzle Quest game or a physical item prize (each and collectively a “Prize”) described during the livestream. The average retail value (“ARV”) of each Prize is approximately $10 USD. The estimated ARV of all Prizes awarded is $150 USD. Each Winner understands that a current valid Player ID upon conclusion of contest is necessary to redeem prize. Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household per Contest Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

Any applicable federal, state and local taxes and liabilities arising from this Contest, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Winner. Winner shall provide, upon D3 Go!’s request, all available information that D3 Go! may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that D3 Go! will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.

5. RELEASE: This Contest is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of D3 Go! and waive any and all right to claim ambiguity in the Contest or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless D3 Go!, Marvel, The Walt Disney Company and their affiliates (and each of their officers, directors, and employees), the Contest Entities, Twitch, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement in connection with this Contest, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. D3 Go! may rescind any Contest found to contain such errors without liability at its sole discretion.

D3 GO! AND THE CONTEST ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived.  Said section reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

6. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Contest; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (5) technical or human error which may occur in the administration of the Contest 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 Contest or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Contest. If for any reason this Contest 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 D3 Go! which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then D3 Go! reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Contest and to select potential winners from among all eligible entries received by D3 Go! up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Contest you are giving your permission to receive emails from D3 Go! 

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages.

7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS CONTEST, 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 CONTEST, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

8. APPLICABLE LAWS AND JURISDICTION. This Contest is subject to all applicable federal, state, and local laws and regulations.  Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Contest shall be governed by the laws of the State of California, without regard to any principles of conflict of laws.  All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA.  Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.

9. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS CONTEST, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO D3 GO!’S TERMS OF USE AND PRIVACY POLICY, AVAILABLE HERE: https://d3go.com/legals/#terms_of_useAND https://d3go.com/legals/#privacy_policy; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO THE FOREGOING. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER’S LIST.

10. NO ASSOCIATION:This Contest is in no way sponsored, endorsed or administered by, prize providers, or otherwise associated with Marvel, The Walt Disney Company (or their affiliates), Twitch, or any third party brands featured in each Prize.

11. RULES/WINNERS LIST: For the name of the Prize Winner please watch Twitch via the chat feature during the date of the livestream or send an email to [email protected]. In the subject of the email, type “MPQ WINNER’S LIST- 2021.”

 


OFFICIAL CONTEST RULES – MARVEL PUZZLE QUEST ROSTER CHALLENGE CONTEST GIVEAWAY

1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win this Marvel Puzzle Quest Roster Challenge Contest Giveaway (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotion begins on October 15, 2021 and ends October 17, 2021. Throughout this period, you may enter the Promotion by following the instructions of each Facebook post on https://www.facebook.com/MarvelPuzzleQuest (each a “Post”), which may consist of following specified accounts, double tapping/liking and adding a comment featuring the answer to the corresponding static, in-feed Post within 48 hours of the Post (each and collectively, a “Promotion Period”). Make sure your settings are public so we can confirm you’ve properly entered during the relevant Promotion Period. Alternatively, you may submit your answer during the respective Promotion Period via email to [email protected]; please include “MPQ ROSTER CHALLENGE GIVEAWAY ANSWER” in the subject line . Online entry or email entry is the only method of entry. Limit 1 entry per person per Promotion Period.

Incomplete, false or deceptive entries are void. Winner(s) will be picked and announced by Facebook via the comments of the original post on @MarvelPuzzleQuest and within 2 days following the end of the applicable Promotion Period from all entries received during the corresponding Promotion Period. D3Publisher of America, Inc.’s (“D3 Go!”) computer will serve as the official time keeping device for this Promotion. All entries submitted may be re-posted by D3 Go! on any D3 Go! owned and operated websites, blogs and social media channels and will not be acknowledged except the Winner as defined and as set forth below.

2. ELIGIBILITY: The Promotion is open to residents of the 50 United States and the District of Columbia, and 18 or older as of October 15, 2021. Employees of D3 Go!, Marvel Entertainment LLC (“Marvel”), and the Walt Disney Company (“Disney”) and their respective parent companies, subsidiaries, affiliates, employees, officers, directors, vendors, clients (collectively, “Promotion Entities”), and each of their immediate families and members of their households are ineligible to participate in this Promotion. Void where prohibited.

3. SELECTING THE WINNER AND NOTIFICATION: 3 potential prize winners will be selected by at random drawing after compiling all eligible entrants for each Promotion Period (each an “Entrant” and collectively the “Entrants”). These 3 potential prize winners from Facebook will be contacted by D3 Go! to confirm Player ID to receive 400 shards for their selected character in Marvel Puzzle Quest.  Failure to provide acceptance or qualification of contest rules may result in disqualification of entry. All obscene or inappropriate submissions will be discounted for the purposes of choosing a winner. D3 Go!, whose decision is final and binding in all respects, will contact the selected Entrant through Facebook message or email (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the applicable Promotion Period.  Failure of Potential Prize Winner to respond to such notification within 72 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”).  Alternate Potential Winner shall be contacted via DM as soon as practicable and shall also have 72 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, ANDENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (each a “Winner”). By entering this Promotion, Entrant accepts and agrees to these Official Rules and the decisions of D3 Go!, which shall be final in all matters. Except where prohibited by law, Entrant’s entry and/or acceptance of the Prize constitutes permission for the Promotion Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for promotional or advertising purposes in connection with this Promotion on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration.  All winners must currently have valid player ID upon conclusion of contest.

4. PRIZES AND TAXES: The 3 Winners for each Promotion Period will receive 400 shards for their favorite character in the Marvel Puzzle Quest game (each and collectively a “Prize”). The average retail value (“ARV”) of each Prize is approximately $10 USD. The estimated ARV of all Prizes awarded is $30 USD. Each Winner understands that a current valid Player ID upon conclusion of contest is necessary to redeem prize. Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household per Promotion Period. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.

Any applicable federal, state and local taxes and liabilities arising from this Promotion, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Winner. Winner shall provide, upon D3 Go!’s request, all available information that D3 Go! may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that D3 Go! will rely upon such information to prepare all relevant tax materials, if any, including the Internal Revenue Service form 1099.

5. RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of D3 Go! and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless D3 Go!, Marvel, The Walt Disney Company and their affiliates (and each of their officers, directors, and employees), the Promotion Entities, Facebook, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement in connection with this Promotion, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. D3 Go! may rescind any Promotion found to contain such errors without liability at its sole discretion.

D3 GO! AND THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived.  Said section reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

6. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion 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 Promotion or receipt or use of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If for any reason this Promotion 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 D3 Go! which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then D3 Go! reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by D3 Go! up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Promotion you are giving your permission to receive emails from D3 Go! 

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.

7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, 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 PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

8. APPLICABLE LAWS AND JURISDICTION.This Promotion is subject to all applicable federal, state, and local laws and regulations.  Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws.  All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA.  Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.

9. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS PROMOTION, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO D3 GO!’S TERMS OF USE AND PRIVACY POLICY, AVAILABLE HERE: https://d3go.com/legals/#terms_of_useAND https://d3go.com/legals/#privacy_policy; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO THE FOREGOING. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER’S LIST.

10. NO ASSOCIATION:This Promotion is in no way sponsored, endorsed or administered by, prize providers, or otherwise associated with Marvel, The Walt Disney Company (or their affiliates), Facebook, or any third party brands featured in each Prize.

11. RULES/WINNERS LIST: For the name of the Prize Winner please watch Facebook via the comments of the original post on the date it’s announced pursuant to the schedule set forth above or send an email to [email protected]. In the subject of the email, type “MPQ WINNER’S LIST- 2021.”

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