Guild Wars 2 “Rock These Rytlocks” Official Sweepstakes Rules
Guild Wars 2 “Rock These Rytlocks” Sweepstakes
Official Sweepstakes Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING. THIS IS A SINGLE SWEEPSTAKES WITH OFFICIAL RULES BASED ON RESIDENCY OF THE PARTICIPANT. THE SELECTION OF THE WINNERS WILL BE MADE AMONG ALL ELIGIBLE ENTRANTS WORLDWIDE WITH WINNERS SPLIT EVENLY BETWEEN ELIGIBLE PARTICIPANTS FROM NORTH AMERICA AND EUROPE (AS DEFINED BELOW).
These rules (“Official Rules”) apply to the Guild Wars 2 “Rock These Rytlocks” Sweepstakes (“Sweepstakes”) organized by ArenaNet, LLC, the business address of which is 3180 139th Ave. SE, Ste. 500, Bellevue, WA 98005 USA (“Sponsor”).
1. Eligibility. Except where prohibited or restricted by law, the Sweepstakes is open only to legal residents of a member state of the European Union, the United Kingdom, Iceland, Montenegro, Serbia, Switzerland, or Turkey, the 50 United States of America, the District of Columbia, of all provinces and territories in Canada (excluding residents of Quebec), and of the United States of Mexico who are the age of majority or older (eighteen (18) years of age in most jurisdictions) as of the date of entry. RESIDENTS OF BELGIUM, ITALY, SPAIN, AND SWEDEN ARE NOT ELIGIBLE TO ENTER OR WIN. Employees, contractors, directors, and officers of Sponsor, and its subsidiary and affiliated companies, distributors and licensees, advertising or promotion agencies, and their immediate family members (parent, child, sibling, and spouse of each), and those living in the same household of each are NOT ELIGIBLE TO ENTER OR WIN. All federal, state, provincial, municipal, and local laws and regulations apply. Void where prohibited by law. Other eligibility requirements and conditions of participation are set forth below in these Official Rules and are available at www.guildwars2.com, the official website of Guild Wars 2.
For purposes of this Sweepstakes, North America includes Canada, Mexico, and the United States; Europe includes member states of the European Union, the United Kingdom, Iceland, Montenegro, Serbia, Switzerland, and Turkey.
2. Entry Period. The Sweepstakes begins 12:00 p.m. Pacific Daylight Time on September 20, 2019, and ends at 12:00 p.m. Pacific Daylight Time on October 11, 2019 (“Entry Period”). Only entries submitted during the Entry Period are valid and eligible. Sponsor’s database clock will be the official timekeeper for the Sweepstakes.
3. Entry Method. To enter the Sweepstakes, you must post a photo of yourself on your Instagram account wearing an outfit inspired by Guild Wars 2. Your post must explain how Guild Wars 2 inspired your outfit and include the following hashtags: #GuildWars2, #RockTheseRytlocks.
4. Additional Entry Conditions.
(i) Limit of one entry per person. Subsequent entries by the same person are invalid and will be disqualified. Any attempts made by the same person to submit multiple entries during the Entry Period are void. In the event of a dispute over the identity of the Entrant, the entry will be deemed submitted by the authorized account holder of the Instagram account on which the entry was posted. Sponsor reserves the right, at its sole discretion to void any entries from entrants whom Sponsor believes to have tampered or attempted to tamper with the administration, security, or fairness of this Sweepstakes.
(ii) Any entry that is deemed by Sponsor, in its sole discretion, to be infringing, offensive, immoral, obscene, pornographic, overtly sexual, profane, defamatory, inconsistent with Sponsor’s image, or in violation of these Official Rules will be void. Any entry that includes trademark, copyright-protected, or other proprietary materials for which the entrant lacks appropriate assignment of rights will be void.
(iii) By entering, each entrant warrants and represents that (i) the entry is the original work of the entrant and does not infringe the intellectual property, privacy, confidentiality, or publicity rights or any other legal rights of any third party; (ii) the entrant owns or otherwise controls all rights to the entry; (iii) the entry has not been entered into or won any previous contests or awards and has not been published or distributed previously in any form of media. By entering the Sweepstakes, each entrant unconditionally and irrevocably grants a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable license to Sponsor and its successors or assigns to use, reproduce, distribute, display, and create derivative works of their entry for any purpose now and hereafter as they so desire. By submitting an entry, entrant grants Sponsor the right to use, publish, adapt, edit, and/or modify such entry in any way, in whole or in part, and to use such entry as solely determined by Sponsor in commerce and trade in any and all media now known or hereafter discovered without limitation or compensation to the entrant and without right of notice, review, or approval thereof.
5. Random Selection of the Winners. Winners will be selected at random on or before November 8, 2019 from among all eligible and valid entries. Odds of winning depend on the total number of eligible and valid entries received during the Entry Period. The drawing will be conducted by Sponsor or its representatives, whose decisions are final and binding in all matters relating to this Sweepstakes. Sponsor’s determination of the Winners is binding and not subject to review or appeal.
6. Notification of Winners. Winners will be notified by direct message on Instagram from the official Sponsor Instagram account (@arenanet). Winners may be required to furnish additional information, which will be used by Sponsor solely to administer the Sweepstakes. For winners residing in Canada, before being confirmed as a winner, the entrant must correctly answer, unaided, a time limited mathematical skill-testing question administered by email or telephone. An entrant is not a winner and is not entitled to any Prize until (i) the entrant’s eligibility has been verified, (ii) the entrant has fulfilled all requirements to claim the Prize; and (iii) the entrant has been notified that the acceptance and verification process is complete. Any potential winner who fails to respond to the notification in a timely manner or provide information requested by Sponsor will be disqualified. Any potential winner who fails to comply with these Official Rules will be disqualified. If a potential winner is disqualified, that potential winner will forfeit the Prize, Sponsor will have no further obligation to that potential winner, and Sponsor may, in its sole discretion, award the forfeited Prize to another potential winner or decline to award it altogether. Sponsor is not liable for any failure by a potential winner to accept a Prize for any reason.
7. Prizes. Six grand prize winners (three in North America and three in Europe) will each win a pair of Guild Wars 2 “Rytlock” themed custom Nike Air Force One sneakers (men’s US size 12) in a custom, laser cut Guild Wars 2 themed box (“Prize”). The approximate retail value of each Prize is $1,160.
8. Prize Conditions. All prizes will be awarded to the individual who is the authorized account holder of the winning account. If there is any restriction to receiving a prize in the country of a winner, an alternate prize may be provided. All federal, state, local and other tax liabilities (including income and withholding taxes) and any other costs and expenses associated with prize acceptance and use are the sole responsibility of the winner. Winners may waive their right to receive a prize. All prizes are non-transferable, non-exchangeable, non-refundable, and have no cash value. A prize may not be upgraded, and no substitutions by the winner will be allowed, except that Sponsor reserves the right in its sole discretion to substitute a Prize for one of equal or greater value if the designated prize should be unavailable for any reason. Sponsor will not be responsible for any portion of a prize that may not be available due to any event beyond Sponsor’s control. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied, outside of manufacturer’s limited warranty, if any, and consist of only the item specifically listed. Warranties regarding prizes (if any) are subject to the manufacturer’s terms, and prizewinners agree to look solely to such manufacturer for any such warranty. The ARV of prizes is based on the fair market value or cost of goods at the time the Official Rules were printed. Winners are not entitled to any difference between the ARV stated herein and the actual value of the prize at the time the prize is awarded.
9. Prize Delivery. Prizes will be mailed to the winner’s physical mailing address provided by the winner to Sponsor. Prizes will be mailed within 6-8 weeks unless otherwise noted.
10. General Conditions and Disclaimers.
(i) Neither Sponsor nor any of Sponsor’s affiliated companies or the advertising and promotional agencies affiliated with Sponsor or those affiliated companies, or any of their officers, directors, employees, agents or representatives (collectively, Sponsor’s “Affiliates”) are responsible for claims, injuries, death, losses or damages of any kind resulting from participation or inability to participate in a Sweepstakes, or the awarding, acceptance, use, misuse, possession, loss or misdirection of a prize.
(ii) Sponsor has the sole right to decide all matters relating to any given Sweepstakes, including fact, interpretation, eligibility, procedure, fulfillment, and disputes. Sponsor may assign, delegate, subcontract, or transfer any of its rights or obligations hereunder and may authorize any direct or indirect affiliate of Sponsor to act as Sponsor’s agent for purposes of these Official Rules, including fulfillment of prizes.
(iii) Neither Sponsor nor its Affiliates are responsible for (a) any typographical or other errors in the printing of Sweepstakes materials or the offering or announcement of the Prizes, (b) for incorrect or inaccurate entry information, human error or technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any computer equipment or software, or any combination thereof, (c) failure of any Entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (d) communications line, hardware and/or software failures, or (e) damage to any computer (software or hardware) resulting from participation in a Sweepstakes. Entrant understands and acknowledges that such circumstances may cause delay of or changes to a Sweepstakes, including Entry Period dates or prize delivery.
(iv) Although Sponsor attempts to ensure the integrity of each Sweepstakes, neither Sponsor nor any of the Affiliates are responsible for the actions of Entrants or other individuals in connection with the Sweepstakes, including attempts by Entrants or other individuals to circumvent these Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to modify these Official Rules, and/or to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and in the event of cancellation or termination, to select a winner from among all eligible non-suspect entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. If the Sweepstakes is terminated by Sponsor as set forth above, Sponsor will post notice of such termination on the Game Website and/or the Game Twitter accounts. Inclusion in such drawing will be each entrant’s sole and exclusive remedy under such circumstances. Proof of submitting an entry will not be deemed receipt of such entry by Sponsor.
(vi) The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram.
12. Limitations of Liability. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of any prize. Sponsor and its Affiliates will have no liability for any claim arising in connection with participation in this Sweepstakes, or the acceptance or use of any prize. Sponsor, its affiliates, subsidiaries, vendors, advertising and promotion agencies will have no responsibility for promotional materials that may be illegible, mutilated, altered, forged, duplicated or tampered with in any way, or for printing, typographical, mechanical or other errors or for any error in the notification or announcement of the prize. In no event will Sponsor be obligated to award more prizes than the number of available prizes stated in these Official Rules. By participating, entrant releases Sponsor and its Affiliates from any claims arising out of any use or disclosure of an entry consistent with these Official Rules. Nothing in these Official Rules should be construed to limit or exclude liability for fraudulent misrepresentation.
BY ENTERING A SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH A SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED USD ONE THOUSAND DOLLARS ($1,000.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED USD ONE THOUSAND DOLLARS ($1,000.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY.
For EU Residents only:
Sponsor shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health caused by Sponsor.
In an event of slight negligence, Sponsor shall be liable only for breaches of a material contractual obligation (“cardinal duty”). A cardinal duty in the meaning of this provision is an obligation whose fulfillment makes the implementation of this contract possible in the first place and on the fulfillment of which the contractual partner may therefore generally rely.
In a case according to above clause (ii), Sponsor shall not be liable for any lack of commercial success, lost profits, non-foreseeable damages and indirect damages.
Liability in accordance with the above clauses (ii) and (iii) shall be limited to the typical and foreseeable damages; however, the liability amount shall not exceed €10,000.
The limitation of liability shall apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of Sponsor.
Any potential liability on the part of Sponsor for any warranties and for claims based on the applicable Product Liability Act shall not be affected.
13. English Version Prevails. In the event of any conflict between the English version of these Official Rules and any translation, the English version shall prevail. The invalidity or unenforceability of any provision herein shall not affect in any way the validity and enforceability of any other provision in these Official Rules.
14. Governing Law and Jurisdiction. Unless the laws relevant for the domicile of the entrant provide otherwise, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with a Sweepstakes shall be governed by and construed in accordance with the laws of the state of Washington, United States. Claims may not be resolved through any form of class action. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Sweepstakes shall be resolved by arbitration, pursuant to this provision, at Bellevue, Washington in accordance with the commercial arbitration rules of the American Arbitration Association. Said arbitration shall be conducted by a panel of arbitrators and all proceedings shall be conducted in the English language. In any such arbitration proceedings the arbitrators shall adopt and apply the provisions of the Federal Rules of Civil Procedure relating to discovery so that each party shall allow and may obtain discovery of any matter not privileged which is relevant to the subject matter involved in the arbitration to the same extent as if such arbitration were a civil action pending in a United States District Court. Judgment upon any arbitration award may be entered and enforced in any court of competent jurisdiction. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
15. Country Specific Notices. If any provision of these rules is invalid under the law, rules, or regulations of a particular country, it will only apply to the extent permitted.
16. Sponsor. The Sweepstakes is sponsored by ArenaNet, LLC, 3180 139th Avenue SE, Suite 500, Bellevue, WA 98005, USA.
17. Contact Information. For any feedback or questions regarding the Sweepstakes, you can contact Sponsor by sending an email to email@example.com. A list of winners can be obtained from Sponsor by emailing firstname.lastname@example.org after November 8, 2019.