OFFICIAL RULES FOR DISCORD Video Game Day Sweepstakes on Twitter!
NO PURCHASE NECESSARY TO ENTER OR TO WIN.
VOID WHERE PROHIBITED.
1. Eligibility. Subject to the additional restrictions below, the Discord Video Game Day Giveaway (“Sweepstakes”) is open to all legal residents of the United States or Canada (excluding Quebec) who are [thirteen (13) years of age or older as of the date of entry or the minimum age to enter sweepstakes under applicable law]. Employees or agents of Discord Inc. (“Discord”) and its respective affiliates, subsidiaries, advertising/promotional agencies, and the members of their immediate families (i.e. parents, children, siblings, or spouse) or those persons living in the same household of such individuals are ineligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules, any terms that apply to your use of Twitter's policies and procedures, and any other terms that apply to your use of Twitter and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling the eligibility requirements set forth above and below. If you under 18 years old at the time of the sweepstakes entry, you must have the permission of your parent or legal guardian prior to entry and such entry will be deemed submitted by the parent/legal guardian and will be treated as if the parent/legal guardian had made such entry and if chosen as a winner, the prize will be awarded in the name of your parent/legal guardian.
2. Sponsor: Discord Inc., 444 De Haro Street, Suite 200, San Francisco, CA 94107 (“Sponsor”).
3. Sweepstakes Term. The Sweepstakes begins on July 8, 2021 at 10:00 am Pacific Time (PT) Zone and ends on July 15, 2021 ], 11:59 pm Pacific Time (PT) Zone (the “Sweepstakes Term”). The Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How To Enter. You may enter the Sweepstakes by liking and retweeting the post. No other methods of delivery will be accepted, including submission by email. ALL ENTRIES MUST BE COMPLETE (AS DETERMINED BY DISCORD) AND SUBMITTED DURING THE SWEEPSTAKES TERM. LIMIT ONE (1) ENTRY PER ENTRANT PER DAY DURING THE SWEEPSTAKES PERIOD. If you submit more than one entry in a day, only the first entry for that day will be considered, and all subsequent entries for that day will be disqualified. Entries that violate the user content restrictions in the Discord Terms of Service (http://www.discord.com/terms/), as determined by Discord, may be disqualified. Winners will be selected at random and announced at or around July 25, 2021. By entering, you agree to the terms of these Official Rules. Discord is not responsible for incomplete, lost, damaged, forged, stolen, postage-due, late, undeliverable, misdirected, illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software originating with Discord. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Twitter accounts, identities, or any other methods will void that entrant’s entries and that entrant may be disqualified. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Discord in its sole and exclusive discretion, and Discord reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sweepstakes.
5. Prizes & Approximate Retail Value. A total of one (1) Grand Prize will be awarded to one (1) winner selected at random, with a total value of US$1,840 In the event there are not enough eligible entries, not all prizes will be awarded.
GRAND PRIZE: One (1) grand prize will be awarded, consisting of (i) Playstation 5 ($700USD); (ii) Xbox Series X ($800USD); (iii) Nintendo Switch Lite Blue ($300USD); and (iv) Nintendo Game Cube ($40USD)
Discord’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. The potential winners will be notified via Twitter and must respond to the notification attempt within three (3) days from the first notification attempt. Canadian residents must answer a skill-testing question before a prize will be awarded. Where permitted by law, the potential winner will be required to sign and return to Sponsor, within two (2) business days of the date the affidavit is sent, an affidavit of eligibility, and liability/publicity in order to claim their prize. If a potential winner cannot be contacted or fails to provide a copy of the original photo file or sign and return the affidavit of eligibility and liability/publicity release within the required time period, the potential winner forfeits the prize, unless prohibited by law. Receipt of a prize by a potential winner is contingent upon fulfilling all requirements described herein. The winners must continue to comply with all terms and conditions of these Official Rules after prize notification. In the event that a potential winner is disqualified for any reason, Discord will award the applicable prize to an alternate winner by random drawing held by the Sponsor from among all remaining eligible entries received during the Sweepstakes Term. Prizes may not be transferred or assigned except with Sponsor’s written consent. Winners are solely responsible for any taxes or reporting obligations resulting from the prizes.
6. Odds. The odds of winning a prize are equal to the number of Sweepstakes prizes divided by the total number of entries to the Sweepstakes.
7. IP Ownership and Usage. As between Discord and you, you retain ownership of all intellectual and industrial property rights (including moral rights) in and to the photo(s) that you submit. As a condition of entry, you grant Discord a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display your photo(s) for any purpose, without any attribution or compensation to you. Discord retains all rights in the Discord products and services and entry into this Sweepstakes will in no case serve to transfer any Discord intellectual property rights to you.
The entries may also be used for press and media purposes and you agree to waive any rights and not assert any intellectual property rights that you have or may have in your entry/ies. Discord reserves the right to publish the name and likeness of the winners for publicity purposes.
8. You warrant that your entry/ies are their own original work and, as such, you are the sole and exclusive owner and rights holder of the submitted entry/ies and that you have the right to enter the Sweepstakes and grant all required licenses. You agree not to submit any entry that: (a) infringes any third-party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law.
9. Release. By entering the Sweepstakes, you release any and all rights to bring any claim, action or proceeding against Sponsor (including Discord Inc.) and Twitter and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers and their respective parent companies and such companies’ officers, directors, employees and agents (collectively, the “Released Parties”), and further covenant not to sue any Released Parties and hereby acknowledge that none of the Released Parties have made or is in any manner responsible or liable for any third-party claims, warranty, representation or guarantee, express or implied, in fact, or in law, relative to the Sweepstakes or the prizes.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, 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 AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between you and the Released Parties. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
You agree that Discord, Twitter, and any other Released Parties shall not be responsible or liable for any losses, damages, or injuries of any kind resulting from the Sweepstakes or any Sweepstakes-related activity. Discord, Twitter, and any other Released Parties assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing or participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. In the event Discord is prevented from continuing with the Sweepstakes (or awarding any prize) as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Discord’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Discord shall have the right to modify, suspend, or terminate the Sweepstakes.
10. Indemnification. By participating in the Sweepstakes and/or accepting any prize that may be awarded, to the maximum extent permitted by law, you agree to fully indemnify each Released Party from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission by you, a breach of these Sweepstakes Official Rules, including but not limited to any warranty set forth herein, and any misrepresentation made by you in connection with the Sweepstakes.
11. Publicity. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes, in any and all media worldwide, for any purpose and without further payment or consideration, including without limitation, commercial, advertising, and promotional purposes as well as in, on or in connection with Sweepstakes or other promotions, and hereby releases Discord from any liability with respect thereto, unless prohibited by law.
12. Participation. By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Discord. If the potential winner declines the prize, fails to claim the prize, is unavailable for prize fulfillment, fails to abide by the Official Rules, or is ineligible, Discord may randomly select an alternate winner from all remaining eligible entries. Discord is not responsible for any non-intentional, incorrect, or inaccurate information associated with these Sweepstakes or for any technical or human error that may occur in the administration of these Sweepstakes. In the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering, or other causes which corrupts or impairs the administration, security, fairness, or proper operation of the Sweepstakes, Discord reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, Discord reserves the right to award prizes based on the entries received before the termination date. Discord’s failure to enforce any of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (4) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Discord, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Discord reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND DISCORD RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Disputes. Any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved in accordance with the dispute resolution procedures set forth in our Terms of Service (https://www.discord.com/terms/).
Please review carefully as those procedures require binding arbitration (in most instances) and waive any class action rights. You acknowledge and agree that those procedures provide your sole and exclusive avenue for resolving disputes related to the Sweepstakes.
15. Privacy and Personal Information. By entering this Sweepstakes, you are consenting to the provisions of Discord’s privacy policy located at http://www.discord.com/privacy/. Your information will never be sold to anyone. The personal information collected from each entrant in the course of the Sweepstakes will be used by Discord for the purposes of administration of the Sweepstakes and as otherwise permitted in accordance with Discord’s Privacy Policy. Please see Discord’s Terms of Service for more information. Discord reserves the right to alter any rules of any sweepstakes at any time. If you have any questions or complaints about a Discord Inc. sweepstakes, please contact support@discord.com. You are advised that discord.com and the Sweepstakes are hosted in the United States. If you are accessing discord.com from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, you are transferring your personal data to the United States which does not have the same data protection laws as such other regions. By providing your personal information to discord.com, you are consenting to the transfer of your information to the United States for processing and maintenance in accordance with Discord’s Privacy Policy and the Official Rules. You are also consenting to the application of United States law in all matters concerning the Sweepstakes and Discord.
16. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
17. Winner List. For a copy of the name of the winner(s), available one month after the end of the Sweepstakes Term, or a copy of these Official Rules, send a self-addressed, stamped envelope to Discord Inc., Attn: “Winner List/Official Rules” for Discord Video Game Day, 444 De Haro Street, Suite 200, San Francisco, CA 94107. (Residents of Vermont need not supply postage).
18. Twitter Disclosures. The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Twitter.
OFFICIAL RULES FOR DISCORD Video Game Day Sweepstakes for Tik-Tok!
NO PURCHASE NECESSARY TO ENTER OR TO WIN.
VOID WHERE PROHIBITED.
1. Eligibility. Subject to the additional restrictions below, the Discord Video Game Day Giveaway (“Sweepstakes”) is open to all legal residents of the United States or Canada (excluding Quebec) who are thirteen (13) years of age or older as of the date of entry or the minimum age to enter sweepstakes under applicable law. Employees or agents of Discord Inc. (“Discord”) and its respective affiliates, subsidiaries, advertising/promotional agencies, and the members of their immediate families (i.e. parents, children, siblings, or spouse) or those persons living in the same household of such individuals are ineligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules, any terms that apply to your use of Tik-Tok's policies and procedures, and any other terms that apply to your use of Tik-Tok and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling the eligibility requirements set forth above and below. If you under 18 years old at the time of the sweepstakes entry, you must have the permission of your parent or legal guardian prior to entry and such entry will be deemed submitted by the parent/legal guardian and will be treated as if the parent/legal guardian had made such entry and if chosen as a winner, the prize will be awarded in the name of your parent/legal guardian.
2. Sponsor: Discord Inc., 444 De Haro Street, Suite 200, San Francisco, CA 94107 (“Sponsor”).
3. Sweepstakes Term. The Sweepstakes begins on July 8, 2021 at 10:00 am Pacific Time (PT) Zone and ends on July 15, 2021, 11:59 pm Pacific Time (PT) Zone (the “Sweepstakes Term”). The Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How To Enter. You may enter the Sweepstakes by liking and commenting with your favorite console. No other methods of delivery will be accepted, including submission by email. ALL ENTRIES MUST BE COMPLETE (AS DETERMINED BY DISCORD) AND SUBMITTED DURING THE SWEEPSTAKES TERM. LIMIT ONE (1) ENTRY PER ENTRANT PER DAY DURING THE SWEEPSTAKES PERIOD. If you submit more than one entry in a day, only the first entry for that day will be considered, and all subsequent entries for that day will be disqualified. Entries that violate the user content restrictions in the Discord Terms of Service (http://www.discord.com/terms/), as determined by Discord, may be disqualified. Winners will be selected at random and announced at or around July 25, 2021. By entering, you agree to the terms of these Official Rules. Discord is not responsible for incomplete, lost, damaged, forged, stolen, postage-due, late, undeliverable, misdirected, illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software originating with Discord. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Tik-Tok accounts, identities, or any other methods will void that entrant’s entries and that entrant may be disqualified. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Discord in its sole and exclusive discretion, and Discord reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sweepstakes.
5. Prizes & Approximate Retail Value. A total of one (1) Grand Prize will be awarded to one (1) winner selected at random, with a total value of US$1,840 In the event there are not enough eligible entries, not all prizes will be awarded.
GRAND PRIZE: One (1) grand prize will be awarded, consisting of (i) Playstation 5 ($700USD); (ii) Xbox Series X ($800USD); (iii) Nintendo Switch Lite Blue ($300USD); and (iv) Nintendo Game Cube ($40USD
Discord’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. The potential winners will be notified via TikTok and must respond to the notification attempt within three (3) days from the first notification attempt. Canadian residents must answer a skill-testing question before a prize will be awarded. Where permitted by law, the potential winner will be required to sign and return to Sponsor, within two (2) business days of the date the affidavit is sent, an affidavit of eligibility, and liability/publicity in order to claim their prize. If a potential winner cannot be contacted or fails to provide a copy of the original photo file or sign and return the affidavit of eligibility and liability/publicity release within the required time period, the potential winner forfeits the prize, unless prohibited by law. Receipt of a prize by a potential winner is contingent upon fulfilling all requirements described herein. The winners must continue to comply with all terms and conditions of these Official Rules after prize notification. In the event that a potential winner is disqualified for any reason, Discord will award the applicable prize to an alternate winner by random drawing held by the Sponsor from among all remaining eligible entries received during the Sweepstakes Term. Prizes may not be transferred or assigned except with Sponsor’s written consent. Winners are solely responsible for any taxes or reporting obligations resulting from the prizes.
6. Odds. The odds of winning a prize are equal to the number of Sweepstakes prizes divided by the total number of entries to the Sweepstakes.
7. IP Ownership and Usage. As between Discord and you, you retain ownership of all intellectual and industrial property rights (including moral rights) in and to the photo(s) that you submit. As a condition of entry, you grant Discord a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display your photo(s) for any purpose, without any attribution or compensation to you. Discord retains all rights in the Discord products and services and entry into this Sweepstakes will in no case serve to transfer any Discord intellectual property rights to you.
The entries may also be used for press and media purposes and you agree to waive any rights and not assert any intellectual property rights that you have or may have in your entry/ies. Discord reserves the right to publish the name and likeness of the winners for publicity purposes.
8. You warrant that your entry/ies are their own original work and, as such, you are the sole and exclusive owner and rights holder of the submitted entry/ies and that you have the right to enter the Sweepstakes and grant all required licenses. You agree not to submit any entry that: (a) infringes any third-party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law.
9. Release. By entering the Sweepstakes, you release any and all rights to bring any claim, action or proceeding against Sponsor (including Discord Inc.) and TikTok and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers and their respective parent companies and such companies’ officers, directors, employees and agents (collectively, the “Released Parties”), and further covenant not to sue any Released Parties and hereby acknowledge that none of the Released Parties have made or is in any manner responsible or liable for any third-party claims, warranty, representation or guarantee, express or implied, in fact, or in law, relative to the Sweepstakes or the prizes.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, 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 AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between you and the Released Parties. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
You agree that Discord, Tik-Tok, and any other Released Parties shall not be responsible or liable for any losses, damages, or injuries of any kind resulting from the Sweepstakes or any Sweepstakes-related activity. Discord, Tik-Tok and any other Released Parties assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing or participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. In the event Discord is prevented from continuing with the Sweepstakes (or awarding any prize) as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Discord’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Discord shall have the right to modify, suspend, or terminate the Sweepstakes.
10. Indemnification. By participating in the Sweepstakes and/or accepting any prize that may be awarded, to the maximum extent permitted by law, you agree to fully indemnify each Released Party from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission by you, a breach of these Sweepstakes Official Rules, including but not limited to any warranty set forth herein, and any misrepresentation made by you in connection with the Sweepstakes.
11. Publicity. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes, in any and all media worldwide, for any purpose and without further payment or consideration, including without limitation, commercial, advertising, and promotional purposes as well as in, on or in connection with Sweepstakes or other promotions, and hereby releases Discord from any liability with respect thereto, unless prohibited by law.
12. Participation. By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Discord. If the potential winner declines the prize, fails to claim the prize, is unavailable for prize fulfillment, fails to abide by the Official Rules, or is ineligible, Discord may randomly select an alternate winner from all remaining eligible entries. Discord is not responsible for any non-intentional, incorrect, or inaccurate information associated with these Sweepstakes or for any technical or human error that may occur in the administration of these Sweepstakes. In the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering, or other causes which corrupts or impairs the administration, security, fairness, or proper operation of the Sweepstakes, Discord reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, Discord reserves the right to award prizes based on the entries received before the termination date. Discord’s failure to enforce any of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (4) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Discord, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Discord reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND DISCORD RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Disputes. Any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved in accordance with the dispute resolution procedures set forth in our Terms of Service (https://www.discord.com/terms/).
Please review carefully as those procedures require binding arbitration (in most instances) and waive any class action rights. You acknowledge and agree that those procedures provide your sole and exclusive avenue for resolving disputes related to the Sweepstakes.
15. Privacy and Personal Information. By entering this Sweepstakes, you are consenting to the provisions of Discord’s privacy policy located at http://www.discord.com/privacy/. Your information will never be sold to anyone. The personal information collected from each entrant in the course of the Sweepstakes will be used by Discord for the purposes of administration of the Sweepstakes and as otherwise permitted in accordance with Discord’s Privacy Policy. Please see Discord’s Terms of Service for more information. Discord reserves the right to alter any rules of any sweepstakes at any time. If you have any questions or complaints about a Discord Inc. sweepstakes, please contact support@discord.com. You are advised that discord.com and the Sweepstakes are hosted in the United States. If you are accessing discord.com from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, you are transferring your personal data to the United States which does not have the same data protection laws as such other regions. By providing your personal information to discord.com, you are consenting to the transfer of your information to the United States for processing and maintenance in accordance with Discord’s Privacy Policy and the Official Rules. You are also consenting to the application of United States law in all matters concerning the Sweepstakes and Discord.
16. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
17. Winner List. For a copy of the name of the winner(s), available one month after the end of the Sweepstakes Term, or a copy of these Official Rules, send a self-addressed, stamped envelope to Discord Inc., Attn: “Winner List/Official Rules” for Discord Video Game Day, 444 De Haro Street, Suite 200, San Francisco, CA 94107. (Residents of Vermont need not supply postage).
18. Tik-Tok Disclosures. The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Tik-Tok.
OFFICIAL RULES FOR DISCORD Video Game Day Sweepstakes on Instagram!
NO PURCHASE NECESSARY TO ENTER OR TO WIN.
VOID WHERE PROHIBITED.
1. Eligibility. Subject to the additional restrictions below, the Discord Video Game Day Giveaway (“Sweepstakes”) is open to all legal residents of the United States or Canada (excluding Quebec) who are [thirteen (13) years of age or older as of the date of entry or the minimum age to enter sweepstakes under applicable law]. Employees or agents of Discord Inc. (“Discord”) and its respective affiliates, subsidiaries, advertising/promotional agencies, and the members of their immediate families (i.e. parents, children, siblings, or spouse) or those persons living in the same household of such individuals are ineligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules, any terms that apply to your use of Instagram’s policies and procedures, and any other terms that apply to your use of Instagram and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling the eligibility requirements set forth above and below. If you under 18 years old at the time of the sweepstakes entry, you must have the permission of your parent or legal guardian prior to entry and such entry will be deemed submitted by the parent/legal guardian and will be treated as if the parent/legal guardian had made such entry and if chosen as a winner, the prize will be awarded in the name of your parent/legal guardian.
2. Sponsor: Discord Inc., 444 De Haro Street, Suite 200, San Francisco, CA 94107 (“Sponsor”).
3. Sweepstakes Term. The Sweepstakes begins on July 8, 2021 at 10:00 am Pacific Time (PT) Zone and ends on July 15, 2021 ], 11:59 pm Pacific Time (PT) Zone (the “Sweepstakes Term”). The Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How To Enter. You may enter the Sweepstakes by liking and commenting with your favorite console on the Discord Instagram announcement post. No other methods of delivery will be accepted, including submission by email. ALL ENTRIES MUST BE COMPLETE (AS DETERMINED BY DISCORD) AND SUBMITTED DURING THE SWEEPSTAKES TERM. LIMIT ONE (1) ENTRY PER ENTRANT PER DAY DURING THE SWEEPSTAKES PERIOD. If you submit more than one entry in a day, only the first entry for that day will be considered, and all subsequent entries for that day will be disqualified. Entries that violate the user content restrictions in the Discord Terms of Service (http://www.discord.com/terms/), as determined by Discord, may be disqualified. Winners will be selected at random and announced at or around July 25, 2021. By entering, you agree to the terms of these Official Rules. Discord is not responsible for incomplete, lost, damaged, forged, stolen, postage-due, late, undeliverable, misdirected, illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software originating with Discord. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, or any other methods will void that entrant’s entries and that entrant may be disqualified. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Discord in its sole and exclusive discretion, and Discord reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sweepstakes.
5. Prizes & Approximate Retail Value. A total of one (1) Grand Prize will be awarded to one (1) winner selected at random, with a total value of US$1,840 In the event there are not enough eligible entries, not all prizes will be awarded.
GRAND PRIZE: One (1) grand prize will be awarded, consisting of (i) Playstation 5 ($700USD); (ii) Xbox Series X ($800USD); (iii) Nintendo Switch Lite Blue ($300USD); and (iv) Nintendo Game Cube ($40USD
Discord’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. The potential winners will be notified via Instagram , and must respond to the notification attempt within three (3) days from the first notification attempt. Canadian residents must answer a skill-testing question before a prize will be awarded. Where permitted by law, the potential winner will be required to sign and return to Sponsor, within two (2) business days of the date the affidavit is sent, an affidavit of eligibility, and liability/publicity in order to claim their prize. If a potential winner cannot be contacted or fails to provide a copy of the original photo file or sign and return the affidavit of eligibility and liability/publicity release within the required time period, the potential winner forfeits the prize, unless prohibited by law. Receipt of a prize by a potential winner is contingent upon fulfilling all requirements described herein. The winners must continue to comply with all terms and conditions of these Official Rules after prize notification. In the event that a potential winner is disqualified for any reason, Discord will award the applicable prize to an alternate winner by random drawing held by the Sponsor from among all remaining eligible entries received during the Sweepstakes Term. Prizes may not be transferred or assigned except with Sponsor’s written consent. Winners are solely responsible for any taxes or reporting obligations resulting from the prizes.
6. Odds. The odds of winning a prize are equal to the number of Sweepstakes prizes divided by the total number of entries to the Sweepstakes.
7. IP Ownership and Usage. As between Discord and you, you retain ownership of all intellectual and industrial property rights (including moral rights) in and to the photo(s) that you submit. As a condition of entry, you grant Discord a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display your photo(s) for any purpose, without any attribution or compensation to you. Discord retains all rights in the Discord products and services and entry into this Sweepstakes will in no case serve to transfer any Discord intellectual property rights to you.
The entries may also be used for press and media purposes and you agree to waive any rights and not assert any intellectual property rights that you have or may have in your entry/ies. Discord reserves the right to publish the name and likeness of the winners for publicity purposes.
8. You warrant that your entry/ies are their own original work and, as such, you are the sole and exclusive owner and rights holder of the submitted entry/ies and that you have the right to enter the Sweepstakes and grant all required licenses. You agree not to submit any entry that: (a) infringes any third-party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law.
9. Release. By entering the Sweepstakes, you release any and all rights to bring any claim, action or proceeding against Sponsor (including Discord Inc.) and Instagram and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers and their respective parent companies and such companies’ officers, directors, employees and agents (collectively, the “Released Parties”), and further covenant not to sue any Released Parties and hereby acknowledge that none of the Released Parties have made or is in any manner responsible or liable for any third-party claims, warranty, representation or guarantee, express or implied, in fact, or in law, relative to the Sweepstakes or the prizes.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, 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 AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between you and the Released Parties. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
You agree that Discord, Instagram , and any other Released Parties shall not be responsible or liable for any losses, damages, or injuries of any kind resulting from the Sweepstakes or any Sweepstakes-related activity. Discord, Instagram, and any other Released Parties assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing or participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. In the event Discord is prevented from continuing with the Sweepstakes (or awarding any prize) as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Discord’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Discord shall have the right to modify, suspend, or terminate the Sweepstakes.
10. Indemnification. By participating in the Sweepstakes and/or accepting any prize that may be awarded, to the maximum extent permitted by law, you agree to fully indemnify each Released Party from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission by you, a breach of these Sweepstakes Official Rules, including but not limited to any warranty set forth herein, and any misrepresentation made by you in connection with the Sweepstakes.
11. Publicity. Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes, in any and all media worldwide, for any purpose and without further payment or consideration, including without limitation, commercial, advertising, and promotional purposes as well as in, on or in connection with Sweepstakes or other promotions, and hereby releases Discord from any liability with respect thereto, unless prohibited by law.
12. Participation. By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Discord. If the potential winner declines the prize, fails to claim the prize, is unavailable for prize fulfillment, fails to abide by the Official Rules, or is ineligible, Discord may randomly select an alternate winner from all remaining eligible entries. Discord is not responsible for any non-intentional, incorrect, or inaccurate information associated with these Sweepstakes or for any technical or human error that may occur in the administration of these Sweepstakes. In the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering, or other causes which corrupts or impairs the administration, security, fairness, or proper operation of the Sweepstakes, Discord reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, Discord reserves the right to award prizes based on the entries received before the termination date. Discord’s failure to enforce any of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (4) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Discord, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Discord reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND DISCORD RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Disputes. Any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved in accordance with the dispute resolution procedures set forth in our Terms of Service (https://www.discord.com/terms/).
Please review carefully as those procedures require binding arbitration (in most instances) and waive any class action rights. You acknowledge and agree that those procedures provide your sole and exclusive avenue for resolving disputes related to the Sweepstakes.
15. Privacy and Personal Information. By entering this Sweepstakes, you are consenting to the provisions of Discord’s privacy policy located at http://www.discord.com/privacy/. Your information will never be sold to anyone. The personal information collected from each entrant in the course of the Sweepstakes will be used by Discord for the purposes of administration of the Sweepstakes and as otherwise permitted in accordance with Discord’s Privacy Policy. Please see Discord’s Terms of Service for more information. Discord reserves the right to alter any rules of any sweepstakes at any time. If you have any questions or complaints about a Discord Inc. sweepstakes, please contact support@discord.com. You are advised that discord.com and the Sweepstakes are hosted in the United States. If you are accessing discord.com from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, you are transferring your personal data to the United States which does not have the same data protection laws as such other regions. By providing your personal information to discord.com, you are consenting to the transfer of your information to the United States for processing and maintenance in accordance with Discord’s Privacy Policy and the Official Rules. You are also consenting to the application of United States law in all matters concerning the Sweepstakes and Discord.
16. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
17. Winner List. For a copy of the name of the winner(s), available one month after the end of the Sweepstakes Term, or a copy of these Official Rules, send a self-addressed, stamped envelope to Discord Inc., Attn: “Winner List/Official Rules” for Discord Video Game Day, 444 De Haro Street, Suite 200, San Francisco, CA 94107. (Residents of Vermont need not supply postage).
18. Instagram Disclosures. The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Instagram .
