OFFICIAL SWEEPSTAKES RULES
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN ANY WARGAMING AMERICA INC. SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS VOID WHERE PROHIBITED BY LAW.
- THIS SWEEPSTAKES IS OPEN ONLY TO INDIVIDUALS (1) WHO ARE RESIDENTS OF A JURISDICTION WHICH DOES NOT PROHIBIT THE CONDUCT OF, OR THEIR PARTICIPATION IN, THIS SWEEPSTAKES, AND (2) WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE AT THE TIME OF ENTRY, EXCEPT THAT RESIDENTS OF THE UNITED STATES MUST BE 18 YEARS OF AGE OR OLDER, OR OBTAIN THE PRIOR WRITTEN CONSENT OF A PARENT OR LEGAL GUARDIAN. PARTICIPANTS MUST ALSO MEET THE OTHER ELIGIBILITY REQUIREMENTS SET FORTH IN SECTION 4 BELOW.
- BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT CERTIFIES THAT HE/SHE MEETS ALL ELIGIBILITY REQUIREMENTS AND AGREES TO ACCEPT AND BE BOUND BY ALL TERMS OF THESE OFFICIAL SWEEPSTAKES RULES (“OFFICIAL RULES”). If you do not agree to be bound by the official rules, you may not participate in this SWEEPSTAKES.
- PRIOR TO RECEIVING ANY PRIZE OR AWARD WORTH MORE THAN $500 IN THIS SWEEPSTAKES (EXCEPT A PRIZE OF IN-GAME CURRENCY), WINNERS ARE REQUIRED TO SUBMIT A COMPLETED W9 FORM AND CERTAIN OTHER PAPERWORK DETAILED BELOW. WINNERS MUST PAY SHIPPING AND HANDLING COSTS AND ANY EXPORT FEES NECESSARY TO TRANSMIT AWARDS TO RESIDENTS OUTSIDE OF THE CONTINENTAL UNITED STATES.
- YOUR PARTICIPATION IN THIS SWEEPSTAKES REQUIRES YOU TO ACCEPT THE END USER LICENSE AGREEMENT: http://legal.na.wargaming.net/en/end-user-licence-agreement/ IF YOU DO NOT AGREE TO THE TERMS OF THE END USER LICENSE AGREEMENT, YOU MAY NOT PARTICIPATE IN THE SWEEPSTAKES AND MAY NOT CONTINUE USING AND/OR PLAYING ANY WARGAMING DEVELOPED PRODUCT (AS SPECIFIED IN OUR DETAILED RULES APPLICABLE TO THE SPECIFIC SWEEPSTAKES (“DETAILED RULES”)).
This sweepstakes (the “Sweepstakes”) is sponsored by Wargaming America, Inc. (the “Sponsor”), PO Box 8250, Emeryville, CA 94662.
2. Sweepstakes Dates
ENTRIES WILL BE ACCEPTED ONLY DURING THE ENTRY PERIOD IDENTIFIED IN OUR DETAILED RULES(the “Entry Period”).In these Official Rules and Detailed Rules, all times are Pacific times in the USA.
3. Description of the Prize
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 Sweepstakes is open only to individuals who enter in accordance with Section 5 of these Rules and provide all other eligibility requirements listed in the Detailed Rules.
(b) Notwithstanding the foregoing, the following are NOT ELIGIBLE to participate in this Sweepstakes: (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 Sweepstakes.
5. How to Enter
To enter, an eligible individual must meet the Entry Criteria from Detailed Rules and enter during the Entry Period.
6. Entrant’s Certification as to His/Her Entry
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.
7. Receiving a Sweepstakes Prize
(a) Each entry received by one or more of the permissible entry methods will remain in a prize eligible pool until the end of the Sweepstakes. From this pool the Sponsor will select winners of Prizes on the dates indicated in the Detailed Rules.
(b) Winners will be notified by the method identified in the 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, executed 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. Sponsor reserves the right to substitute prizes for a less valuable prize upon the request of the participant. 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 and alternative entry will be selected as the potential Prize winner. In the event that a randomly-selected winner declines his or her prize for any reason, including to accept a prize of lesser value, the Sponsor may select any entry from the Sweepstakes in its sole discretion, (each an “Alternative Entrant”) and offer the declined prize to that Alternative Entrant, in each case in Sponsor’s sole discretion.
(c) At the end of the Sweepstakes, 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.
8. Administration of the Sweepstakes
The Sweepstakes Administration will be as set forth in the Detailed Rules.
Entrant grants Sponsor and its partners the right to use his or her names and certain personal information they communicate to Sponsor or its partners in Sponsor’s business and marketing efforts. Specifically, by entering this Sweepstakes, 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.
10. Grant of Rights with respect to Entrants
By entering this Sweepstakes, 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.
11. Waiver and Release of Liability by Entrants
(a) By entering this Sweepstakes, 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 Sweepstakes, 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 entry materials.
(c) BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES AND/OR THE AWARD, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE AWARDED IN THIS SWEEPSTAKES.
(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 Sweepstakes, 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 Sweepstakes Rules shall include claims known or unknown, and unknown and unsuspected.
(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 SWEEPSTAKES 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 SWEEPSTAKES.
13. Sponsor’s Right to Void Entry Submission and Terminate this Sweepstakes
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 Sweepstakes, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Sweepstakes, the Sponsor reserves the right to void suspect entry submissions and/or evaluations and/or terminate the Sweepstakes 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 Sponsor’s discretion.
14. Identification of Winners
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: Dunkirk Community IMAX SWEEPSTAKES” on the envelope. Only one request per envelope. Such information will be available only for one (1) year after the award of the Prize.
15. General Terms
(b) BY ENTERING, ALL ENTRANTS AGREE TO BE BOUND BY THE DECISIONS OF SPONSOR, IN CONNECTION WITH THIS SWEEPSTAKES.
(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 Sweepstakes.