PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU PARTICIPATE IN THIS SWEEPSTAKES.

BY PARTICIPATING IN “MARVEL PUZZLE QUEST SWEEPSTAKES” (“Sweepstakes”) YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED HEREIN AS WELL AS THE MARVEL PUZZLE QUEST WEBSITE TERMS OF USE AND PRIVACY POLICY https://d3go.com//legals/ AND ANY OTHER RULES OR TERMS OF WHICH GIVE YOU NOTICE IN CONNECTION WITH THE MARVEL PUZZLE QUEST SWEEPSTAKES (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT AGREE TO THE TERMS, DO NOT PARTICIPATE IN THE SWEEPSTAKES.

Sweepstakes Generally. No purchase is necessary for participating in this Sweepstakes, and all entries are void where prohibited. “Prize items” includes Three (3) Spider-Man (Peter Parker) Comic Covers in Marvel Puzzle Quest, 5,000 Hero Coins, and 50,000 Iso-8 Crystals will be granted to three (3) Sweepstakes winner during the Term of the Sweepstakes.  Prize items may not be used in any other manner or form, and may not be exchanged or redeemed for any cash value.

By creating a playable player-versus-player account for Marvel Puzzle Quest (“Player Account”) and participating in this Sweepstakes, the Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the place of his/her residence) hereby accepts, acknowledges and grants the irrevocable and unrestricted right to D3Publisher of America (“Company”) and Marvel Entertainment, LLC (“Marvel”) as well as their respective affiliated companies, parents, subsidiaries, officials, employees, representatives, agents, licensees, partners, successors, assignees and sponsors, to use your name, in-game name or online handle, picture, image, likeness, actions, social media feeds, location, and other identifiable information for advertising, trade or any other lawful purposes to promote the Sweepstakes. In addition, the Entrant grants Company and Marvel, for no additional compensation other than entry into the initiative, a non-exclusive, royalty-free, worldwide, perpetual license to publish, make available to the public, reproduce, edit, modify, exploit, make derivative works from or otherwise use the Submission through any and all media available at any time during, or after, the promotion period on any related websites, in any promotional materials, whether related or un-related to the promotion, and at any other location, whether physical or online, that Marvel, in its sole discretion, deems appropriate. Entrant’s participation in the Sweepstakes constitutes Entrant’s acceptance and acknowledgement of Entrant’s waiver of all rights to privacy and compensation which Entrant may have in connection with such uses of Entrant’s name, in-game name, online handle, picture, image, likeness, actions, social media feeds, location, and other identifiable information to the maximum extent permitted by applicable law. In addition, Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the place of his/her residence) warrants that any so called “moral rights” in the Submission have been waived and Entrant acknowledges and agrees that Marvel may use any ideas from any Submission or other submitted materials, whether or not Entrant has been awarded a prize in connection with any such Submission or other materials.

Eligibility. Entrant must be over the age of majority in the state in which the Entrant resides to participate, unless otherwise prohibited by law in the jurisdiction where you reside. Individuals who are at least 18 years old who have a child between the ages of thirteen (13) and the age of majority in such individual’s state of residence, inclusive, may enter their child (as described below) (collectively, the Entrant(s)”); however, such parent or legal guardian shall be deemed the entrant (and, if applicable, winner) for the purpose of this Sweepstakes.

How to Participate. No purchase is necessary for Sweepstakes entry. Entrants may enter multiple times. However, only three winners will be selected. To participate, Entrant must (1) register or have an existing valid Player Account and a valid Twitter account in good standing by Twitter’s determination; (2) include the hashtag #MPQSweeps when retweeting post (this is how we identify your entry) from @AdamKovic on Twitter; All Submissions from Entrant(s) under the age of majority in such Entrant(s)’s state of residence must be submitted by a parent or guardian. The Submission must not (a) violate any third party rights, including, but not limited to, copyrights, trademark rights, or rights of privacy and publicity; (b) contain defamatory statements; (c) include threats to any person, place, business, or group; (d) be obscene, offensive, indecent, or created for the purpose of harassing others; (e) depict any risky behavior, as determined by Company in its sole discretion; (f) contain any third party trademarks or logos; (g) contains an actor likeness of any kind, references to the Marvel cinematic universe or any third party characters; (h) communicate messages or images inconsistent with the Company’s or Marvel’s brand and/or good will with which Marvel or Company wishes to associate, as determined by Company or Marvel, in their sole discretion, respectively; (i) contain any personal identification, such as license plate numbers, personal names, e-mail addresses, phone numbers or street addresses; (j) comply with the terms and conditions or guidelines of Instagram or (k) is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations. Participants may post as many entries as they are able to make—however, only one winner will qualify per day. Participants may only win once during the Sweepstakes Term. Three qualified participants that complies with all Sweepstakes rules and is eligible by law to receive the rewards set forth herein will be selected at random by Company within 7 days of initial tweet.

Grant of Rights.  Each Submission must be an original creation of the submitting Entrant. The Submission must be under no restriction, contractual or otherwise, that will prevent Released Entities’ (defined below) use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the place of his/her residence) acknowledges, agrees, represents and warrants that, nothing in the Submission infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which may be required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured from anyone appearing in the Submission or any person or entity with any rights in or to the Submission. Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the place of his/her residence) agrees to indemnify and hold harmless each of the Released Entities (defined below) and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting this Sweepstakes from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of the Terms or the warranties and representations made by Entrant herein. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation.

Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the place of his/her residence) agrees to release, defend, indemnify and hold harmless each of the Released Entities from all claims, demands, and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (i) any Released Entity’s exercise of any rights granted by Entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Released Entities’ use of the Submission and any portion thereof, or the likeness of any natural person therein.

Prizes. While increasing the number of entries during sweepstakes may slightly increase your chances, there is no guarantee as such, and your probability of winning will be determined by the total number of entries from all participants within the time period listed in the Sweepstakes Term. Prize items will be awarded at random to 3 winners, one per Sweepstakes entrant during the time period. Winners will be contacted via Twitter by Company’s authorized and verified Twitter account. Prize items do not constitute property, do not entitle a user to a vested right or interest and have no cash value.

Sweepstakes Term. The Sweepstakes will begin at 10:00 AM PST on July 14, 2017 and will end at 11:59PM PST on July 16 2017.

Release of Liability. By participating in the Sweepstakes, including without limitation any contest or sweepstakes and/or accepting a prize, Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the place of his/her residence) agrees that the Company and Marvel, as well as their affiliated companies, and all of their respective parents, subsidiaries promotion agents, officers, directors, shareholders, employees, representatives and contractors (the “Released Entities”) will have no liability whatsoever for, and will be held harmless by participant/winner for any liability for, injury, loss, or damages of any kind to persons (including death) and property (including damage to computers caused by bugs) due in whole or in part, directly or indirectly, from the acceptance, possession, use, or misuse of a prize or entry or participation in the Sweepstakes. Participants agree that the Released Entities and/or involved sponsors may use their entries, including but not limited to participants’ names or likenesses and the entries themselves, for advertising and publicity purposes without additional compensation (except where prohibited). Winning entries may be publicly displayed on Company’s website or websites affiliated with the Sweepstakes. The web site, promotions, contest and/or sweepstakes may use third party connections and technology to account for points, activity, feeds and more. The Released Entities will be held harmless by Entrant for any liability, injury, loss or damage of any kind to the person and property that may result from these integrations including the loss, blockage or omission of points, activities, feeds and more that occur on the third party sites such as but not limited to Facebook, Twitter, Instagram, Pinterest, Foursquare, tvtag and others. Entrant understands and acknowledges that neither Company nor Marvel is responsible for such third party sites and that you are solely responsible for ensuring that your activities in connection with the Sweepstakes comply with all terms and policies of such third party sites. Neither Company nor Marvel shall have liability for any printing, production, typographical, mechanical or other errors in the prize items summaries distributed by Company or its agents, for any delay or failure to credit prize items as outlined herein. Company reserves the right to invalidate prize items from a user’s Account without notice if it determines in its sole discretion that such points were improperly credited to such user’s Account or were obtained fraudulently or otherwise in violation of these Terms. Users, by participating in the Sweepstakes, are responsible for maintaining the confidentiality of individual user’s Accounts and password and for restricting access to user’s computer, and user agrees to accept responsibility for all activities that occur under user’s Account or password. Without limiting any other remedies, Company may suspend or terminate any Account if Company suspects in its sole discretion that any user or other person has engaged in fraudulent activity in connection with this Sweepstakes.

Sweepstakes Limitations. Prize items are not redeemable for cash, transferable or assignable for any reason. The sale, barter, transfer or assignment of any accumulated prize items, other than by Company, is strictly prohibited. Any prize items which Company deems in its sole discretion to have been transferred, sold, bartered or assigned in violation of the Sweepstakes’s Terms may be confiscated and/or canceled. Participation in the Sweepstakes is subject to the Terms, as well as policies and procedures that Company may adopt or modify from time to time. Any failure to abide by the Terms or any policies or procedures implemented by Company, any conduct detrimental to Company or Marvel, or any misrepresentation or fraudulent activities in connection with this Sweepstakes, or failure to act in a manner consistent with federal, state, or local laws, regulations or ordinances, may result, in addition to any rights or remedies available to Company in law or equity, in the termination of participation in the Sweepstakes, as well as forfeiture of any prize items accrued to date and any other benefits earned in connection therewith, in Company’s sole discretion.

Changes to prize items Structure. The prize items structure is subject to modification or limitation at any time, with or without notice, in Company’s sole discretion, including, without limitation, the right to establish additional means of accruing prize items, the right to modify and delete any or all of the recognized means of accruing prize items existing at any given time, the right to change the rewards available and their values and types and the rewards redemption terms, and the right to exclude specific types of transactions from prize items eligibility.

Redeeming prize items for Rewards. Subject to Company’s rights to add, delete, or otherwise make changes to the prize items structure and the rewards as more fully expressed in the preceding section.

Unused prize items, and any portions thereof, may not be transferred, exchanged or redeemed for cash, or other goods and services. Once prize items have been redeemed for a prize items Reward, they are no longer valid for any subsequent redemption and they may not be returned or refunded to a user’s Account for any reason. Refunds, exchanges and other issues are governed by the merchandise vendor’s terms and conditions applicable to the particular Reward redeemed and are not the responsibility of Company. The availability of any Reward or items offered in connection with prize items are subject to availability and may change at any time, without notice, in the sole discretion of Company. Rewards may be available only in limited quantities and will be distributed on a first-come, first-served basis. Users should regularly consult the Marvel Puzzle Quest website for updates about prize items Reward availability

Expiration of Reward Points. Prize items are tied to a participant’s Account and will only expire when the Account is terminated by participant or the Company.

Termination of participation. If the participant fails to comply with the Terms and Conditions, or if a participant’s Account is suspended or otherwise no longer in good standing, or if a participant cancels his or her Account, or for other reasons in the sole discretion of the Company and/or Marvel, the Company and/or Marvel may terminate the participant’s participation in the Sweepstakes, and any remaining Prize items in the participant’s Account will be forfeited and no compensation or other consideration will be provided.

GENERAL

  • This Sweepstakes is neither sponsored nor endorsed by either Twitter or Marvel.
  • The Sweepstakes is void where prohibited by law.
  • All questions or disputes regarding the Sweepstakes, including, without limitation, all questions or disputes regarding an individual’s eligibility for the Sweepstakes, the earning, use or conversion of prize items, or a person’s compliance with these Terms and Conditions will be resolved by Company in its sole discretion.
  • ENTRANT AGREES THAT PARTICIPATION IN THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, ENTRANT’S USE OF ANY REWARD, IS AT ENTRANT’S SOLE RISK. RELEASED ENTITIES, AS WELL AS THEIR PROVIDERS EXPRESSLY DISCLAIM ALL LIABILITY FOR AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL REWARDS ARE PROVIDED “AS IS” AND ARE NON-RETURNABLE AND NON-REFUNDABLE. ENTRANT ACKNOWLEDGES THAT RELEASED ENTITIES HAVE NO RESPONSIBILITY FOR OFFERING OR ADMINISTERING THE SWEEPSTAKES.
  • Released Entities are not liable for the contents of any entry or image produced as a result of this Sweepstakes. Each Entrant is liable for their own entry, and will bear all costs or penalties associated with any violation of Instagram’s terms of service or privacy policy, or any state, federal, or international law. Entrants enter this Sweepstakes at their own risk and with full awareness of such risks.
  • Company may prohibit any person from participating in this Sweepstakes or any future promotion if, at their sole discretion if such person (i) has tampered with the order process or the operation of the Sweepstakes or undermined, disrupted, hindered or interfered with the proper operation of the Sweepstakes in any manner whatsoever, (ii) acts (a) in an unsportsmanlike manner, (b) with an intent to annoy, abuse, threaten or harass the Company, Marvel or any other party, or (c) in any other disruptive manner, (iii) uses the Sweepstakes for improper, deceitful or unethical purposes or in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, territorial or local laws, statutes, by-laws, guidelines or ordinances. Discontinued participation may result in the loss of all earned rewards, benefits and privileges associated with the participant’s Account. In addition to discontinuance of Sweepstakes participation, Company reserves the right to take appropriate administrative and legal action, including, without limitation, the right to seek damages and other remedies from any person to the fullest extent permitted by law and to seek criminal prosecution, as it deems necessary in its sole discretion. Company’s failure to enforce any of these Terms and Conditions shall not constitute a waiver of its rights or provision hereof.
  • All disputes arising from this Sweepstakes will be governed under the laws of California and the Federal laws of the United States, and to the extent that any matter requires the personal jurisdiction of an Entrant, all Entrants hereby concede personal jurisdiction to the State and Federal Courts of Los Angeles, California. Each party will bear the cost of their own legal expenses in the event of a dispute, regardless of outcome. Entrants agree to follow this Agreement’s dispute resolution policy as set forth below in connection with any potential claims or disputes arising from Entrant’s interactions with Company or entry in the Sweepstakes:

 

  • Informal Negotiations. Parties to a dispute concerning this Sweepstakes will attempt to informally negotiate a potential settlement or resolution to the dispute.
  • Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
  • Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the State of New Jersey.

 

  • Entrants and Released Entities agree that any arbitration shall be limited to the claim between Released Entities and each entrant individually. ENTRANTS AND RELEASED ENTITIES AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.

 

  • These Sweepstakes rules constitute a complete and binding agreement between the parties. To the extent that any provision of these rules are deemed invalid, the remainder of the Agreement shall remain in force.