PURCHASE OF SPYRO™ REIGNITED TRILOGY (PUBLISHED BY ACTIVISION), INTERNET ACCESS, ACCEPTANCE OF PRODUCT AND END USER LICENSE AGREEMENTS, AN INSTAGRAM ACCOUNT (FREE SERVICE, REGISTRATION REQUIRED), OR FACEBOOK ACCOUNT (FREE SERVICE, REGISTRATION REQUIRED), OR TWITTER ACCOUNT (FREE SERVICE, REGISTRATION REQUIRED), AND SONY ENTERTAINMENT NETWORK ACCOUNT (FREE SERVICE, REGISTRATION REQUIRED), OR XBOX LIVE ACCOUNT (FREE SERVICE, REGISTRATION REQUIRED), OR NINTENDO ACCOUNT (FREE SERVICE, REGISTRATION REQUIRED) ARE REQUIRED TO PARTICIPATE IN THE CONTEST. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS. OTHER THAN THE ABOVE, NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
RULES
1. CONTEST TERM AND DEADLINES: The “Spyro Launch Community Challenge Contest" (the "Contest") begins September 3, 2019 10 AM Pacific Daylight Time (“PDT”) and ends September 15, 2019, 11:59 PM PDT ("Contest Period"). All entries received after the end of the Contest Period will be ineligible to win a prize. Sponsor reserves the right to extend the Contest Period without notice to entrants in its sole discretion. It is the responsibility of each entrant to ascertain the applicable times in their local time zone.
2. ELIGIBILITY: The Contest is open and offered only to legal residents of the following countries: the 50 United States and the District of Columbia (including Puerto Rico and other U.S. territories and possessions), Canada (excluding Quebec), the United Kingdom, France, Germany, Spain, Belgium, the Netherlands, Luxembourg, Sweden, Norway, Finland, Denmark, and Iceland who are 18 years of age or older at the time of entry. Void in Quebec and where prohibited by law. Employees, officers and directors of Activision Publishing, Inc. ("Sponsor") and each of their respective parents, affiliated companies and subsidiary companies, and their advertising, promotion, or production agencies, prize providers, Web masters and Web suppliers, and each of their respective officers, directors, employees, representatives and agents (collectively, with Sponsor, the "Contest Entities"), and their IRS dependents, immediate families (spouse and parent, child, sibling and their respective spouses, regardless of where they reside) and/or members of their households, whether or not related, are ineligible to participate in this Contest. By participating, entrants agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to this Contest.
3. HOW TO ENTER: To enter the Contest, during the Contest Period, entrants must: (a) play the Sunny Flight level of Spyro™ Reignited Trilogy (“Level”) on Xbox One, PlayStation 4, and/or Nintendo Switch; (b) take a photograph of their fastest Level completion time that includes their gaming platform account username (“Photo”); and (c) post the Photo to their personal Facebook, Instagram, and/or Twitter account (individually and collectively, the “Social Media Account”) using the hashtag #SpyroFlightChallenge (each an “Entry” and collectively, “Entries”). Proof of submission is not proof of receipt. Sponsor is not responsible for any charges wireless service provider may charge entrant, or any other costs an entrant may occur in order to participate in the Contest. Any attempt at any other method of Entry is void. Any attempt by any person or household to use any other methods of Entry including, without limitation, script, macro or any automated or other means which subverts the Entry process, will void all of that person’s entries and that person will be disqualified. Entries must comply with Facebook’s, Instagram’s, and/or Twitter’s (as applicable) terms of use. Entries must comply with the not contain content that is unlawful or inconsistent with Sponsor or its brand image. Entries cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially-dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group; (d) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (e) contain copyrighted materials owned by others (including music, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; (f) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; and (g) depict, and cannot itself, be in violation of any law. By submitting an Entry you warrant and represent that: (a) the Level completion time submitted in the Entry is yours; (b) the Photo does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) that you have obtained permission from any third party whose name or likeness or other proprietary right captured in the Photo, if any; and (d) that publication of the Entry (including, without limitation the Photo, your name, and social media handle(s)) via various media including Web posting, will not infringe on the rights of any third party. Sponsor may disqualify any such Entry at its sole discretion. By entering, you acknowledge that your Entry (including, without limitation the Photo and your username) may be posted on the Sponsor's web site and social media accounts with no compensation to you, in the sole discretion of Sponsor. Sponsor does not have any obligation to use or post any Entry (including, without limitation the Photo or your username) you submit. Sponsor shall have full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Entries in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose. You hereby grant to Sponsor a fully paid up, irrevocable, royalty free, worldwide, perpetual license in any and all media for such use of you Entry (including, without limitation the Photo and your username). Sponsor reserves the right to amend and/or modify these Official Rules in its sole discretion without notice to entrant.
4. CONTEST JUDGING: Entries will be judged by Sponsor; whose decisions are final and binding in all matters relating to the judging of this Contest. Entries will be judged on the following criteria:
5. WINNER NOTIFICATION: On or about September 16, 2019, Sponsor shall endeavor to notify the potential winner (“Winner”) via the Social Media Account used to enter the Contest. Potential winners will be subject to compliance with these Official Rules and will be subject to verification of the Entrant’s eligibility in addition to signing a liability/publicity release (where legal). Noncompliance with any of these requirements, or winner notification not acknowledged by Winner within forty-eight (48) hours after outreach from Sponsor, or returned as non-deliverable may result in prize being forfeited at Sponsor’s discretion and awarded to an alternate winner selected by Sponsor based on the above criteria. Any prizes not claimed by alternates within forty-eight (48) hours after outreach from Sponsor shall be considered forfeited.
6. PRIZES: One (1) Winner will be chosen from all eligible Entries received during the Contest Period. The Winner will receive: one (1) Spyro-themed Nintendo Switch (Approximate Retail Value (“AVR”) U.S. $800.00), one (1) copy of Spyro Reignited Trilogy (ARV U.S. $70.00), one (1) electric scooter (ARV U.S. $3,000.00) (“Scooter”), one (1) helmet (ARV U.S. $100.00), one (1) Sypro floaty (ARV U.S. $ 100.00), and Spyro swag (i.e. t-shirt, socks, sunglasses) (ARV U.S. $30.00). Actual value of all items is subject to market fluctuation. Total approximate retail value of all prizes = U.S. $4,100.00. No transfer, assignment, cash redemption or substitution of prize is permitted except that Sponsor reserves the right, in its sole discretion to substitute the prizes (or a portion thereof) with other prizes of comparable or greater value. All details of the prize are at Sponsor’s sole discretion. Prizes will be delivered within eight (8) to ten (10) weeks after Winner notification unless otherwise notified to Winner in writing by Sponsor. Costs and expenses associated with the acceptance and use of a prize not specified herein as being awarded, including, but not limited to all federal, state and local taxes, are the Winner’s sole responsibility provided that if the Winner is a legal resident of a territory in the European Union or EEA, cost of postage and customs will be covered by Sponsor. Other than the details of the prizes outlined above, Contest Entities have no additional obligations or commitments to any winner in connection with this Contest. Award of the Scooter or similar prize does not constitute any confirmation by Sponsor that Scooter is legal for use in any territory and it shall be the sole responsibility of the Winner to ensure that he or she uses the Scooter in compliance with applicable local law.
7. CONDITIONS OF PARTICIPATION: Entrants agree (a) that the Contest Entities will have no liability whatsoever for, and shall be held harmless against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Prize, or participation in this Contest or any Contest related activity, or for any printing, production, typographical, human or other error in the printing, offering or announcement of any prizes; and (b) except where legally prohibited, each Winner grants (and agrees to confirm such grant in writing) permission for Sponsor and those acting under its authority to use Winner's name, city and state of residence, photograph, voice and/or likeness, and Entry for advertising, trade and/or publicity purposes without additional compensation in any and all media now known or hereafter discovered, worldwide and on the World Wide Web, in perpetuity, in any manner, without notice, review or approval.
By participating in this competition, entrants hereby acknowledge that Sponsor may collect and use their personal information in compliance with applicable laws and regulations and its Privacy Policy accessible at https://www.activision.com/legal/privacy-policy in order to organize, run and monitor the contest as well as for carrying out publicity activities on it. Entrants confirm that they have acknowledged the Activision Privacy Policy. Entrants’ personal data may be transferred to the United States of America for the purpose of this Contest, in adequation with Activision’s Privacy Policy. Entrants have the right to access, ask for erasure, and correction of their personal data and can request such action by sending a request to privacy@activision.com or write to ‘Spyro Launch Community Challenge Contest, Activision Publishing, 3100 Ocean Park Blvd., Santa Monica, CA 90405. Please note that if you withdraw your personal data upon request you will be disqualified as an entrant in the Contest if you withdraw your personal data prior to the determination and fulfilment of the prizes listed in Section 4 and 5 herein.
8. LIMITATIONS ON LIABILITY: Contest Entities are not responsible for illegible, lost, late, stolen, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-delivered, misdirected, garbled, or stolen Entries, code requests, codes or mail; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries or codes; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors or problems of any kind, whether typographical, printing, human, technical, mechanical, electronic, network or otherwise, including, without limitation, any errors or problems which may occur in connection with the administration of the Contest, , the announcement of the prizes or in any Contest-related materials; or for the incorrect or inaccurate capture of Entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Contest or web site, as solely determined by the Sponsor, will be disqualified (and all associated Entries will be void), and Sponsor reserves the right to terminate such entrant's eligibility to participate in this or any other promotion offered by Sponsor. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified. Entrant agrees that Contest Entities are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from the web site. Should any portion of the Contest be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend or terminate the Contest, and if terminated, randomly select winners via a verifiably random method from all non-suspect, eligible Entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute regarding Entries received from multiple users having the same Social Media Account, the registered account holder of the Social Media Account at the time of entry will be deemed to be the entrant and must comply with these rules. Contest Entities are not liable for printer errors or issuance of any void, misprinted, or irregular code resulting from production or packaging problems or errors. Liability for an irregular code is limited to providing another code, while supplies last, subject to verification of original code irregularity.
9. IN NO EVENT WILL THE CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF ANY WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE ASSOCIATED WITH THIS CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. General Release: for Entrants validly participating from Finland, Denmark, Norway, Sweden, Germany, and Belgium: Sponsor is liable in accordance with statutory law (a) for damages arising as a result of personal injury; (b) in case of intent; (c) in case of gross negligence; and/or (d) in case Sponsor is in breach of the requirements of the Belgian or German Product Liability Acts (applicable to Entrants validly participating from Belgium and Germany only). Without limiting the aforementioned, Sponsor may only be liable for modest levels of negligence in cases of a breach of a “material” contractual obligation hereunder. “Material” obligations in this sense are obligations that are necessary for the fulfilment of the Agreement, the breach of which would jeopardise the purpose of the contract and the compliance with which you may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages; in other cases, Sponsor shall not be liable for acts of modest negligence.
11. CHOICE OF LAW:
US Participants Only: Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction in Los Angeles, CA. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrant be permitted to obtain attorneys' fees or other legal costs; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California law, without reference to California choice of law rules, governs the Contest and all aspects related thereto.
Non-US Participants Only: This Agreement will be governed by and interpreted in accordance with the laws of the eligible participant’s country of residence any dispute in relation to this contest will be resolved in courts of the participant’s country of residence.
12. WINNERS' LIST: Surname and country of the Winner will be published after 9/16/19. To obtain a Winners' List, send a self-addressed stamped envelope in a separate, first class stamped envelope to: Spyro Launch Community Challenge Contest, c/o Activision Publishing, 3100 Ocean Park Blvd., Santa Monica, CA 90405, or email a Winners’ List request to: Spyro@activision.com. Requests must be received no later than sixty (60) days following the conclusion of the Contest. Please contact Spyro@activision.com if you object to your name being disclosed in this manner. Even where not disclosed, Sponsor reserves the right to retain a full list of winners in accordance with applicable law.
13. SPONSOR: Activision Publishing, Inc. 3100 Ocean Park Blvd., Santa Monica, CA 90405.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc., Instagram, Inc., or Twitter, Inc. Facebook, Instagram, and Twitter are not affiliated with the Sponsor in any way.