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This Skill Contest (the “Skill Contest”) is sponsored by Wargaming America, Inc. (the “Sponsor”), PO Box 8250, Emeryville, CA 94662.
ENTRIES WILL BE ACCEPTED ONLY DURING THE ENTRY PERIOD IDENTIFIED IN THE DETAILED RULES (the “Entry Period”).In these Official Rules and Detailed Rules, all times are Pacific times in the USA.
Subject to these Official Rules, the winning participant will receive the prize(s) described in the Detailed Rules (each, a “Prize”).
(a) Participation in this Skill Contest is open only to individuals who meet the eligibility criteria described in the Detailed Rules.
(b) Notwithstanding the foregoing, the following are NOT ELIGIBLE to participate in this Skill Contest: (i) employees, officers, directors and agents of Sponsor and/or Sponsor’s licensees (the “Sponsor Agents”); (ii) parents, spouses, children, brothers and sisters of Sponsor Agents; and (iii) individuals living in the same household as Sponsor Agents.
(c) Each Entrant is responsible for providing accurate information as to his/her name, age, residential mailing address, email address and phone number. Individuals that provide information reasonably determined by Sponsor (in its sole discretion) to be incomplete, false or deceptive, will be ineligible to participate or (if they have already participated) to win the Skill Contest.
To enter, an eligible individual must meet the Entry Criteria from our Detailed Rules and enter during the Entry Period.
By entering, each Entrant represents and warrants that his/her entry (and each element thereof): (i) complies with these Official Rules, and End User License Agreements applicable to Sponsor games themselves, and the Terms of Service of Sponsor’s website; and (ii) are true, accurate and correct.
Entrant acknowledges and agrees that Sponsor reserves the right to disqualify any entries that, in Sponsor’s sole discretion, (a) include trademarks, logos, or copyrighted material not owned by entrant or used without permission (such as company names, music, photographs, works of art or images published on or in websites, television, movies or other media); (b) refer to public figures; (c) contain vulgar language, profanity, sexual content, content promoting the use of tobacco, alcohol, illegal drugs, firearms or weapons, content expressing or fomenting hate of any kind (including racism or sexism), content that promotes violence or harm to other living creatures, or any other offensive, obscene or inappropriate content; (d) promote a political agenda regardless of the political affiliation and regardless of Sponsor’s treatment of other entries that may or may not promote a political agenda; (e) misrepresent, defame or contain disparaging remarks about other people or companies; or (f) contain materials embodying the names, likenesses, photographs or other identifying elements of any person, living or dead, without submitted express written permission.
Winners will be notified by the method identified in our Detailed Rules. The potential Prize winner may be required to sign the following documents (the “Prize Claim Documents”) and return them via facsimile or email (by .pdf file attachment) within five (5) days of attempted notification (and subsequently return the original, unmodified documents by mail to Sponsor’s address set forth above): (i) a W9 tax form; (ii) an Affidavit of Eligibility and Liability Waiver; and (iii) where lawful, a Personal Release. If the potential Prize winner is a USA resident under 18 years of age (if applicable) (or under the age of majority in his/her state of residence), the Prize Claim Documents must be signed by the potential Prize winner’s parent or legal guardian. If the Prize Claim Documents sent to the potential Prize winner by any means are returned as undeliverable, or if the potential Prize winner fails or refuses to properly sign and return all Prize Claim Documents within the above-stated time period, or if the potential Prize winner (and/or his/her entry content) is determined by Sponsor (in Sponsor’s sole discretion) to be ineligible or not in compliance with these Official Rules, the potential Prize winner will be disqualified.
At the end of the Skill Contest, in Sponsor’s sole discretion, all Entry-related materials may remain posted and available for viewing on Sponsor’s website. If required, Entrant hereby grants to Sponsor a perpetual, irrevocable license to use and display the contents of any entry materials for commercial or non-commercial purposes.
After the Entry Period (as such period may be extended pursuant to the Detailed Rules), all entries will be judged in accordance with the judgment criteria set forth in the Detailed Rules.
Entrant grants Sponsor, its affiliates and partners the right to use his or her name and certain personal information they communicate to Sponsor, its affiliates or its partners in Sponsor’s business and marketing efforts. Specifically, by entering this Skill Contest, each Entrant grants to Sponsor and its licensees (if any) the irrevocable, perpetual, royalty-free, non-exclusive, transferable and sublicenseable right and license to use, display, copy, edit, modify, create derivative works of, publish, distribute and otherwise exploit the content of, and elements embodied in, his/her entries in any and all media, including but not limited to digital and electronic media, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, in any broadcast outlet and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further approval or consideration.
By entering this Skill Contest, each Entrant grants Sponsor and its licensees the right to use the entrant’s name, image, likeness, voice, photograph, statements and/or Prize information, and/or any portion of any of the foregoing, for promotional, advertising and/or publicity purposes in any media, now or hereafter known, throughout the world and in perpetuity, without compensation or notice to, or further consent of, the entrant, to the extent permitted by law. By entering into the Skill Contest, each Entrant hereby consents to any and all uses and displays by Sponsor, together with Sponsor’s agents and affiliates, of Entrant’s name, voice, likeness, image, appearance, biographical information, and any information offered in response to the Skill Contest or in connection with any printed, electronic or digital materials, including any broadcasts, pictures, audio or video recordings, digital images, websites, television programs, movies, advertising, sales or marketing brochures, printed materials, computer media and any derivative works therefrom, throughout the world and at any time during or after Entrant’s participation in the Skill Contest for all legitimate business purposes of Sponsor. By entering into the Skill Contest, Entrants also agree to forever release, defend, indemnify and hold harmless Sponsor and its affiliates and agents, from any and all claims, actions, damages, losses, costs, expenses and liability of any kind arising from or relating to Sponsor’s use of Entrant’s name, voice, likeness, image, appearance, biographical information and any other information offered at any time during or after the period of participation in the Skill Contest including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement.
(a) By entering this Skill Contest, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, and without further compensation of any kind, waives and releases the Sponsor Agents, and each of their successor and assigns, from any and all claims that he/she may now or hereafter have in any jurisdiction based on “moral rights” or unfair competition with respect to Sponsor’s and/or Sponsor’s licensees’ exploitation of Entries or entry materials, and each entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against any Sponsor Agents, any of their heirs, successors, assigns, agents and representatives, or any other person, in connection with this Skill Contest, the award, acceptance, possession, use or misuse of the Prize and/or on the grounds that any use of any user-generated content, or any derivative works thereof, infringes or violates any rights of Entrant therein.
(b) None of the Sponsor Agents shall have any obligation, responsibility or liability with respect to: (i) notifications, communications or materials sent from an entrant to Sponsor or from Sponsor to an entrant, that are lost, late, misdirected, garbled, inaccurate, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, post office or technical error of any kind, (ii) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties, (iii) power-related or weather-related events of any kind, and/or to any events not under Sponsor’s direct control, (iv) entries or other communications from entrants that contain inaccurate information or do not comply with these Official Rules, (v) errors, omissions, interruptions, deletions, defects, delays in operation or transmissions, theft, destruction, unauthorized access or alterations by entrant or third parties, and/or (vi) any damage to entrant’s computer system that occurs in connection with accessing Sponsor’s website and/or submitting any entry materials.
(c) BY ENTERING THE SKILL CONTEST, EACH ENTRANT, ON BEHALF OF HIMSELF/HERSELF AND HIS/HER HEIRS, SUCCESSORS, ASSIGNS, AGENTS AND REPRESENTATIVES, RELEASES EACH SPONSOR AGENT, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM AND OF ANY AND ALL CLAIMS AND DAMAGES ARISING OUT OF THEIR PARTICIPATION AND/OR ENTRY IN THIS SKILL CONTEST AND/OR THE AWARD, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE AWARDED IN THIS SKILL CONTEST.
(d) Waiver of California Civil Code Section 1542. Further, entrants are advised that California Civil Code § 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By entering this Skill Contest, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, elects to waive the benefits of its provisions, with the intent that this release and waiver of liability in these Skill Contest Rules shall include claims known or unknown, and unknown and unsuspected.
(a) Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating any person, who Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with Sponsor’s website and/or any part of the Skill Contest; (ii) attempting to undermine the legitimate operation of the Skill Contest by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other participants or Sponsor’s Agents; and/or (iv) otherwise violating these Official Rules or the Terms of Service of Sponsor’s website.
(b) ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE OR ANY OF SPONSOR’S GAMES (OR ANY PART OF EITHER) OR UNDERMINE THE OPERATION OF THIS SKILL CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH ENTRANT’S ENTRY MATERIALS, OR THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS SKILL CONTEST.
If, in Sponsor’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Skill Contest, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs, server errors) compromise the integrity of the Skill Contest, the Sponsor reserves the right to void suspect Entry-related submissions and/or evaluations and/or terminate the Skill Contest and award the Prize in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or evaluate repeatedly is prohibited. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified subject to the Judges’ discretion.
To the extent permitted or required by law, the Prize winner(s’) name, city and state of residence may be obtained by sending a self-addressed, stamped envelope, sixty (60) days after the announcement of the Prize winner, to: PO Box 8250, Emeryville, CA 94662. Please specify “ATTN: WINNER REQUEST: [TITLE] SKILL CONTEST” on the envelope. Only one request per envelope. Such information will be available only for one (1) year after the award of the Prize.
(a) This Skill Contest is subject to these Official Rules and is governed by the laws of the State of California without reference to its rules concerning conflicts or law. By entering, each entrant agrees (and if the entrant is a United States resident who is under eighteen (or under the age of majority in his/her state of residence), his/her parent and/or legal guardian agrees) to comply with these Official Rules, the Terms of Service of Sponsor’s website http://worldofwarplanes.com and the Sponsor’s Privacy Policies. Any claims relating to this Skill Contest must be resolved in the state or federal courts of CALIFORNIA.
(b) BY ENTERING, ALL ENTRANTS AGREE TO BE BOUND BY THE DECISIONS OF SPONSOR, THE JUDGES AND PUBLIC EVALUATORS IN CONNECTION WITH THIS SKILL CONTEST.
(c) In order to validly enter and in order to claim the Prize, entrants are required to provide Sponsor with certain personally identifiable information such as name, residential address, telephone number, social security number, email address and/or other contact and/or tax information. Such information may be used for the purposes set forth in the Sponsor’s Privacy Policy in accordance with the terms set forth in that Privacy Policy or as specifically described in these Official Rules. Entrants (and, for entrants under 18 years of age, their parents or legal guardians) wishing that the Sponsor not contact them via postal mail, electronic mail and/or by telephone (except in connection with this Skill Contest and/or as otherwise set forth in the Privacy Policy) may elect to opt-out of such disclosures (i.e., they may direct Sponsor not to make those disclosures other than those as to which "opting out" is not permitted, such as a W-9 or listed waivers above) by following the procedure set forth in Sponsor’s Privacy Policy (except that contact shall be permitted in connection with this Skill Contest and as permitted or required by law).
(d) The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
(e) All taxes, fees and surcharges on the Prize are the sole responsibility of the Prize winner. In the event that the selected winner of the Prize is ineligible or refuses the Prize, the Prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the Prize to another entrant in the Skill Contest.
[1] Note that handling fees (exclusive of shipping fees) should not exceed $1.50.
