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.”