Official Rules for SypherPK LLC Sprite Wars Giveaway

Official Rules for SypherPK LLC Sprite Wars Giveaway
NO PURCHASE OR GAMEPLAY NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OR GAMEPLAY OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. AN ALTERNATE METHOD OF ENTRY IS AVAILABLE FOR THOSE WHO DO NOT WISH TO ENTER THROUGH GAMEPLAY. LIMIT ONE (1) ENTRY PER PERSON, REGARDLESS OF METHOD OF ENTRY. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST THIRTEEN (13) YEARS OR OLDER AT THE TIME OF ENTRY. IF ENTRANT IS BELOW THE AGE OF EIGHTEEN (18), THEY MUST HAVE PARENTAL OR LEGAL GUARDIAN CONSENT TO ENTER INTO THIS GIVEAWAY AND TO AGREE TO THESE OFFICIAL RULES. ENTRANTS MUST BE EIGHTEEN (18) YEARS OR OLDER TO ENTER WITHOUT PARENTAL OR LEGAL GUARDIAN CONSENT. VOID WHERE PROHIBITED. SUPPLIES ARE LIMITED, WHILE SUPPLIES LAST. ALL FEDERAL, STATE, AND LOCAL REGULATIONS APPLY. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, THAT YOU MEET THE ELIGIBILITY REQUIREMENTS FOR THIS PROMOTION, AND THAT IF YOU WIN YOUR NAME, LIKENESS, AND ENTRY MAY BE USED TO PROMOTE PKHOOD, SYPHERPK, AND SUPERJOY STUDIOS.
Introduction
These rules (the “Official Rules”) govern the Sprite Wars giveaway (the “Giveaway”) being administered by Oni Studios LLC (“Company” or “Administrator”) on behalf of SypherPK LLC (“SypherPK”), in connection with Sprite Wars (Island Code: 0436-0519-0151) (the “Map”), a creative map developed by SuperJoy Studios (“SuperJoy”). SypherPK is a client of Company, and Company is acting as the administrator of the Giveaway on SypherPK’s behalf. The Giveaway will be hosted at https://onistudios.gg/ in conjunction with the PKHOOD Discord server (https://discord.gg/sypherpk) (the “Website(s)”, each as indicated below the Entry Method heading). Promotion may be placed on Company Instagram, Twitter, YouTube, TikTok, and Twitch, but Instagram, Twitter, YouTube, TikTok, and Twitch shall not be a valid entry method. Company is the administrator of the Giveaway, it will conduct the Giveaway substantially as described in these Official Rules, and it is solely responsible for resolving any disputes that arise regarding the application of these Official Rules. Company’s address is 1220 Toro Grande Blvd, Cedar Park, TX 78613. The Giveaway is in no way endorsed or administered by or associated with YouTube, Twitch, Discord, Epic Games, Inc., Instagram, Twitter, Facebook, TikTok, or any other entity other than the Company. The Giveaway is administered entirely outside of the Map and is not endorsed or administered by Epic Games, Inc.
Giveaway Period
Participants may enter to win starting on Friday, August 28, 2026 at 12:00 AM Eastern Time (ET) (the “Start Time”), which will also be communicated via the #news channel in the PKHOOD Discord server (https://discord.gg/sypherpk). The Giveaway will end on Sunday, August 30, 2026, 11:59 PM Eastern Time (ET) (the “Giveaway Period”). All entries must be received no later than the end of the Giveaway Period, Sunday, August 30, 2026, 11:59 PM Eastern Time (ET).
Eligibility
This Giveaway is open to all natural persons who: (i) enter the Giveaway by following the Entry Method described below; (ii) are legal residents of the fifty United States and the District of Columbia, and are living in a location the laws of which allow a sweepstakes like the Giveaway, without a required permit fee, bonding fee, or registration requirement (the “Territory”); (iii) are at least thirteen (13) years of age or older as of the start of the Giveaway Period; and (iv) if under the age of eighteen (18), have parental or legal guardian consent to participate in the Giveaway and to agree to these Official Rules. Entrants who are eighteen (18) years of age or older do not require parental or legal guardian consent (the “Entrants”). By entering the Giveaway, the Entrant certifies that Entrant lives in the fifty United States or the District of Columbia, and that the Entrant’s home state does not prohibit participating in the Giveaway. Where an Entrant’s entry into the Giveaway is prohibited by law, such Entrant’s entry shall be null and void. Entrants shall not include persons residing in other territories, such as Puerto Rico, Guam, or the U.S. Virgin Islands, or any other jurisdiction where the Giveaway is prohibited, or jurisdictions in which the Giveaway would be subject to a registration or bonding requirement. The Giveaway is subject to federal, state, and local laws and regulations. Offer is void where prohibited by law.
Furthermore, the following individuals are ineligible to enter or win a prize: employees, directors, and officers of Company, Sponsor, SuperJoy, SypherPK, Company and Sponsor subsidiaries and affiliates, and any advertising or promotional agencies involved in the administration or sponsorship of this Giveaway (collectively with the Company and Sponsor, the “Giveaway Entities”); and the immediate family members and those living in the same household of such persons (whether related or not). Immediate family members include spouses, children, stepchildren, parents, stepparents, siblings, and stepsiblings.
Proof of age, identity, residence, and eligibility must be furnished upon request. All entry information must be complete and accurate. For purposes of the Giveaway, address will be the physical address where Entrant lives at the time of the Entrant’s entry into the Giveaway. The Entrant’s e-mail address will be the e-mail address submitted at the time of entry into the Giveaway. Entrants will not be allowed to change their physical address or e-mail address after Entrant’s entry into the Giveaway.
Entry Method
There are two (2) ways to enter the Giveaway during the Giveaway Period. Entrants may enter by either method but may submit only one (1) total entry, regardless of method used. Both methods provide an equal chance of being selected as a Winner.
Method 1 – In-Game Entry. Entrants may play the Map Sprite Wars, Island Code: 0436-0519-0151 and, based purely on skill, play 10 rounds of Sprite Wars to unlock the Dark Knight Sprite. To enter using this method, Entrants must post a video or screenshot clearly showing themselves unlocking the Dark Knight Sprite in-map and posting proof in the #giveaway channel of the Sprite Wars Discord Server (https://discord.gg/spritewars). All submissions must adhere to the rules of the PKHOOD Discord server and may not contain explicit, obscene, or otherwise inappropriate material. To verify authenticity, Entrants must verify their Epic Games account through the Yunite Verification Bot in the #verification channel of the PKHOOD Discord server. Company may request additional proof of authenticity at its sole discretion, including without limitation a Fortnite replay file, improved video quality, or other supporting evidence.
Method 2 – Alternative Method of Entry (AMOE). Entrants who do not wish to participate through gameplay may enter the Giveaway by completing the Alternative Method of Entry (AMOE) form located at https://forms.gle/yGGv8KyhrcdZaKvm6 during the Giveaway Period. The AMOE provides an equal opportunity to enter without requiring gameplay or any purchase. To submit a valid AMOE entry, Entrants must complete all required fields in the AMOE form, including the Entrant’s legible handwritten name, date of birth, mailing address, e-mail address, and Discord username (if applicable), and submit the form in full prior to the end of the Giveaway Period.
The total maximum number of entries via any method into the Giveaway is one (1) per person. If an Entrant’s total number of entries surpasses the maximum number of entries (1), then all of that Entrant’s entries shall be null and void at Company’s sole discretion. Any attempt by any Entrant to obtain more than the stated maximum number of entries by using multiple/different e-mail addresses, identities, registrations and logins, multiple Discord or Epic Games accounts, proxy servers, or any other methods will void that Entrant’s entries and that Entrant may be disqualified.
Each Entrant represents and warrants that their submission (including any video, screenshot, or other content submitted in connection with the in-game entry method) is the Entrant’s original work, is authentic, and does not infringe upon any third party’s proprietary or intellectual property rights. The use of artificial intelligence, photo-editing software (including but not limited to Photoshop), unauthorized assets, or infringing material to fabricate, alter, or misrepresent any submission will result in immediate disqualification. Any use of robotic, automatic, macro, programmed, third-party, or like methods to participate in the Giveaway will void any attempted participation effected by such methods, and persons using any such methods may be disqualified from the Giveaway. Company and Sponsor reserve the right to disqualify any Entrant found, in Company’s sole discretion, to be tampering with the entry process, violating these Official Rules, or violating the Fortnite End User License Agreement.
Company and Entrant agree that in no event shall either Entry Method be construed as consideration on the part of the Entrant for entry into the Giveaway. Furthermore, Company and Entrant agree that in no event shall the requirement to possess a computer, gaming console, or an active Internet service to enter the Giveaway be construed as consideration of the Entrant for entry into the Giveaway. Entries submitted will not be acknowledged or returned. Proof of submission of an entry will not be deemed proof of Company’s receipt. By entering the Giveaway, Entrant certifies that Entrant meets the eligibility criteria of the Giveaway, including that the Entrant resides in a location which does not prohibit this type of Giveaway.
This promotion is not sponsored, endorsed, or administered by Epic Games, Inc. or by any platform on which the Map is hosted. THE INFORMATION PARTICIPANTS PROVIDE IN CONNECTION WITH THIS PROMOTION IS BEING PROVIDED TO THE ADMINISTRATOR AND NOT TO EPIC GAMES, INC.
Random Giveaway Drawing
On or about 8/30/2026, (20) twenty potential winners will be randomly selected from the pool of all eligible entries received during the Giveaway Period (regardless of entry method). Company will use the service provider Giveaway Boat (the “Selection Compliance Provider”) as the host for the Giveaway drawing. Each eligible entry will be entered into the Selection Compliance Provider’s database. The drawing will use Giveaway Boat’s software to randomly select 20 winners from the Entrant pool (the “Winners”). The selection will be completely random. In no way will the quality or content of the entries impact the random selection of the potential Winners. Winners will be contacted upon selection at the handle for the Discord account or e-mail address Winner used to enter the Giveaway. Any Winner is considered a potential Winner pending verification of his/her eligibility and compliance with these Official Rules. If a potential Winner is unable to provide proof of eligibility and/or compliance with these Official Rules, that Winner’s winning entry may be deemed void in the Company’s sole discretion. In the case of a Winner or multiple Winners not responding within the times outlined in these Official Rules, the same Giveaway Boat software may then randomly select replacement Winners, in which case the prior selected Winner’s entries shall be declared null and void. The Selection Compliance Provider is merely a facilitator for the competition and has no claims to Entrant’s or Company’s rights or obligations under these Official Rules.
Prize, Odds of Winning, and Approximate Retail Value
Prize: After confirmation of eligibility and compliance with these Official Rules, (20) twenty Winners will each receive one (1) $15 Fortnite Gift Card $15.00 USD each, excluding any taxes or fees. Each Winner will not receive more than one (1) $15 Fortnite Gift Card each. All dollar amounts refer to and will be paid in United States currency. If a Winner is found to be the winner of a subsequent drawing, Company may invalidate Winner’s later win at its sole discretion.
Odds of Winning: The odds of winning depend on the total number of eligible entries received during the Giveaway Period.
General Prize Conditions: In no event will more than one (1) Prize be awarded per Winner. If, for any reason, more than one (1) Prize notifications are sent (or more claims are received), Company reserves the right to award the Prize through a random drawing using a similar process as detailed in this Giveaway from among all of the eligible Prize claims received. The Winner shall be solely responsible for the payment of all applicable federal, state, and local taxes for any Prize won. Company reserves the right to require any Winner to complete and submit any tax-related documentation as may be required by applicable law. The Giveaway Entities will not be held responsible for any delays in awarding the Prize for any reason. If, after a good-faith attempt, Company is unable to award or deliver the Prize, the Prize may not be re-awarded.
All other costs and expenses not expressly set forth herein are the Winner’s sole responsibility, including but not limited to any shipping and handling fees. Winner must take delivery of the Prize within seven (7) days from receiving notice of the availability of a Prize from Company. The Prize a digital gift card code will be delivered via direct message on the platform through which the Winner entered the Giveaway, or via e-mail, at Company’s sole discretion.
The Approximate Retail Value (“ARV”) of the Prize is $15.00 excluding fees for one (1) $15 Fortnite Gift Card. The total Approximate Retail Value (“ARV”) for all (20) twenty prizes is $300 USD excluding fees. The actual appraised value may differ at the time of the award.
How to Claim the Prize
The potential Winners will be notified via a PKHOOD Support Ticket on the PKHOOD Discord server at the handle used by the Entrant to join the Giveaway, or via the e-mail address provided in the AMOE form, within five (5) business days of the random drawing. Before being declared the Winner, he/she may be required to execute and return an Affidavit of Eligibility/Liability & Public Release, copy of the potential Winner’s driver’s license or government-issued identification, and/or tax acknowledgment form no later than five (5) calendar days from being contacted, or the Prize may be forfeited at Company’s sole discretion. If a potential Winner is between the ages of thirteen (13) and seventeen (17), Company will provide a Parental/Guardian Consent Form that must be completed and signed by the potential Winner’s parent or legal guardian. The Parental/Guardian Consent Form will require the parent or legal guardian to acknowledge and agree to these Official Rules on behalf of the minor Winner. Failure to return a completed and signed Parental/Guardian Consent Form within five (5) calendar days of receipt will result in forfeiture of the Prize at Company’s sole discretion. Upon verification of eligibility and submission of any required documentation, Winner will coordinate with Company to arrange for delivery of the Prize. Public announcement of the Winners may take place and may be posted on social media platforms of Company’s choice.
Company will attempt to notify the potential Winners as set forth above, but Company is not responsible for any undelivered direct messages or e-mails, including without limitation messages or e-mails that are not received because of the Winner’s privacy or spam filter settings which may divert any Giveaway message, including a Winner notification or Prize delivery, to a spam or junk folder. If the potential Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept the Prize, Company is unable to contact a potential Winner, or any Prize notification is returned undeliverable, the Prize will be forfeited. If the Company wishes to select an alternative potential Winner, Company may select the alternative potential Winner at random from the pool of remaining eligible Entrants. The potential replacement Winner will be subject to the same requirements and obligations as set forth for potential Winners in these Official Rules. The right to receive a Prize is non-assignable, non-transferable, and no prize substitution or exchange will be allowed, except by Company, who reserves the right to substitute a Prize of equal or greater value in case of unavailability of a Prize or force majeure, at Company’s sole and absolute discretion. Giveaway Entities will not be held responsible for any delays in awarding the Prize for any reason. The Prize will only be awarded to a verified Winner.
Privacy Disclosures
To the extent Company collects or possesses personal identifying information from Entrants, such personal information will solely be used or shared with third parties in connection with Company’s performance of its obligations concerning the Giveaway hereunder. If an Entrant provides personal information in connection with Company’s eligibility verification procedures or such Entrant’s attempts to claim the Prize described herein, Company will use or share such information with third parties solely to complete such eligibility verification procedures and, if applicable, to (i) provision the Prize to the verified Winner, and (ii) to perform any tax-related obligations that follow the provision of the Prize, such as issuing a 1099-MISC to the verified Winner, if applicable. In any event, the Company will treat all personal information collected hereunder in accordance with any applicable data protection laws.
This promotion is not sponsored, endorsed, or administered by Epic Games, Inc. THE INFORMATION PARTICIPANTS PROVIDE IN CONNECTION WITH THIS PROMOTION IS BEING PROVIDED TO THE ADMINISTRATOR AND NOT TO EPIC GAMES, INC.
Limitation of Liability
By participating in this Giveaway, Entrants agree that the Giveaway Entities, Company, SuperJoy, Discord, Instagram, Twitter, YouTube, Facebook, TikTok, Epic Games, Inc., and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, webmasters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, or undeliverable direct messages, e-mail notifications, postal mail, or AMOE form submissions; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration or eligibility-defining information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking; or by any of the equipment or programming associated with or utilized in the Giveaway and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website, the Map, or any Giveaway-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer or gaming console related to or resulting from participating in the Giveaway, gameplay of the Map, and/or accepting or using the Prize. The Released Parties will not be responsible or liable for entries that are entered by any automated computer, program, mechanism, or device, for any entries in excess of the stated limit, or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such entries may, in Company’s sole discretion, be disqualified.
If for any reason the Giveaway is not capable of running as planned, Company reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Giveaway and/or proceed with the Giveaway, including the selection of the Winner in a manner it deems fair and reasonable, including the selection of the Winner from among eligible entries received before such cancellation, termination, modification, or suspension.
By entering the Giveaway, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable state and federal laws and by the decisions of Company, which will be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Giveaway; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Giveaway, including but not limited to any Giveaway-related activity or element thereof, the Map, and the Entrant’s entries, participation or inability to participate in the Giveaway, (b) violation of Entrant’s privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Giveaway materials, (d) acceptance, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Company’s control, including but not limited to by reason of any acts of God, any action, regulation, order, or request by any governmental or quasi-governmental entity (whether or not such action, regulation, order or request proves to be invalid), equipment failure, or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Giveaway or the Map, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the Website, the Map, or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, gaming console, or Internet service provider utilized by any of the Released Parties or by an Entrant, (j) interruption or inability to access the Giveaway, the Website, the Map, or any other Giveaway-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant’s (or any third person’s) equipment used to access the Giveaway and/or its contents related to or resulting from any part of the Giveaway, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable, or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged, or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by Entrant.
Without limiting the foregoing, everything regarding this Giveaway, including the Website, the Map, and the Prize, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement, except for any express manufacturer’s warranty as may be included with the Prize. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ENTRANTS AGREE TO RELEASE AND HOLD HARMLESS ONI STUDIOS LLC, SYPHERPK LLC, SUPERJOY STUDIOS, EPIC GAMES, INC., AND THEIR RESPECTIVE LICENSORS, AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, AND OTHER REPRESENTATIVES FROM ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, LIABILITIES, AND EXPENSES RELATED TO THIS GIVEAWAY.
Indemnification
Each Entrant agrees, to the maximum extent permitted by law, to indemnify, defend, and hold harmless the Released Parties from and against any and all tax liability that may be imposed or associated with his/her receipt or use of any Giveaway prize and any and all cost, loss, damage, penalty, or expenses (including, without limitation, reasonable attorneys’ fees) arising from third-party claims, lawsuits, judgments, causes of action, proceedings, or demands brought or asserted against Released Parties that may arise in connection with (a) the Entrant’s receipt, ownership, or use of any Giveaway prize, (b) the Entrant’s participation in any Giveaway-related or prize-related activity, including any gameplay of the Map, (c) the Entrant’s violation or alleged violation of any third-party privacy, personal, publicity, intellectual property, or proprietary rights (including without limitation through the use of artificial intelligence, photo-editing software, or unauthorized assets in any submission), (d) the Entrant’s negligence or willful misconduct, or (e) any conduct of the Entrant associated with Entrant’s participation or attempted participation in the Giveaway.
Miscellaneous
THIS GIVEAWAY IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES, AND THE FORUM AND VENUE FOR ANY DISPUTE WILL BE IN TRAVIS COUNTY, TEXAS. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS GIVEAWAY THAT IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”), AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE AAA RULES FOR SELECTION OF AN ARBITRATOR WILL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR WILL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN TRAVIS COUNTY, TEXAS IN THE ENGLISH LANGUAGE. THE REMEDY FOR ANY CLAIM WILL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT WILL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR GIVEAWAY ENTITIES AND/OR ANY OTHER PARTY WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION. ANY DEMAND FOR ARBITRATION OR ANY OTHER CLAIM OR ACTION ARISING OUT OF OR RELATING TO THE GIVEAWAY MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION WILL BE FOREVER BARRED.
Further, Entrants hereby waive all rights to (i) claim punitive, exemplary, special, incidental, indirect, and consequential damages, and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any Entrant and/or Giveaway Entities and/or Released Parties and/or any other party will be resolved individually, without resort to any form of class action.
Any attempted form of participation in this Giveaway other than as described herein is void. If it is discovered or suspected, in Company’s sole and absolute discretion, that an Entrant has registered or attempted to register more than once using multiple e-mail addresses, accounts, multiple identities, proxy servers, or like methods, all of that Entrant’s entries will be declared null and void, and that Entrant will be ineligible to win the Prize. Also, if it is discovered that any Entrant attempts to receive additional entries in excess of the stated limitation, that Entrant may, in Company’s sole discretion, be disqualified from the Giveaway. In the event of a dispute as to the identity of a Winner, the winning entry will be declared made by the authorized account holder of the account used to enter via the Entry Method. “Authorized Account Holder” is defined as a natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the respective account or e-mail address. Company and the Selection Compliance Provider reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Giveaway, to be acting in violation of these Official Rules, to be acting in an unsportsmanlike manner, or with the intent to disrupt the normal operation of a Giveaway. Any use of robotic, automatic, macro, programmed, third-party, or like methods to participate in the Giveaway will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof will be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Company’s and/or Selection Compliance Provider’s interpretation and application of these Official Rules are final and binding in all matters related to the Giveaway. Company’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision and such provision will remain in full force and effect. All entries and/or materials submitted become the property of Company and will not be returned. In the event of any conflict with any Giveaway details contained in these Official Rules and Giveaway details contained in any promotional materials (including but not limited to point of sale, television and print and internet advertising, promotional packaging, and other promotional media), the details of the Giveaway as outlined in these Official Rules will prevail.
Publicity Rights
By participating in this Giveaway and/or accepting the Prize, each Entrant agrees to allow the Company and its affiliates and designees the perpetual right to use his or her name (including social media account handle and Discord username), biographical information, photos, videos, gameplay clips, screenshots, and/or likeness, and statements for promotion, trade, commercial, advertising, and publicity purposes, at any time or times, in whole or in part, edited or original, in all media now known or hereafter discovered or created including but not limited to live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
Entrants hereby irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons”), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use the Entrant’s name, image, likeness, and all materials submitted by Entrant in connection with the Giveaway (including without limitation any video, screenshot, or other gameplay content) and all materials created by or on behalf of Company that incorporate any of the foregoing (“Materials”) in perpetuity, throughout the universe, in any medium or format whatsoever now existing or hereafter created on any platform and for any purpose, including, but not limited to: advertising, public relations, publicity, packaging, and promotion of Company and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to Entrant except as otherwise expressly provided in this Agreement.
Company shall be the exclusive owner of all rights, including copyright, in the Materials. Entrant hereby irrevocably transfers, assigns, and otherwise conveys to Company their entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. Entrant acknowledges and agrees that they have no right to review or approve Materials before they are used by Company and that Company has no liability to Entrant for any editing or alteration of the Materials or for any distortion or other effects resulting from Company’s editing, alteration, or use of the Materials, or Company’s presentation of Entrant. Any credit or other acknowledgment of Entrant, if any, shall be determined by Company in Company’s sole discretion. Company has no obligation to create or use the Materials or to exercise any rights given by this Agreement.
To the fullest extent permitted by applicable law, Entrant hereby irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”), arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part from the negligence of Company or any other person, and Entrant hereby covenants not to make or bring any such Claim against any Authorized Persons and forever release and discharge the Authorized Persons from liability under such Claims.
Entrant agrees that the property of Company is and shall always remain the property of the Company. Entrants shall not use the content produced under these rules to promote their own material on their own social media and network channels.
If Entrant is a resident of Tennessee, Entrant waives any rights of publicity as outlined by Title 46, Chapter 25, Part 11 – Protection of Personal Rights and claims that may reside therein for the purposes of these Official Rules and as an official Entrant in this Giveaway. Tennessee Entrant further waives any claims under the aforementioned statute for eternity and all-time for any usage and participation as a potential Winner of the Giveaway.
Official Rules and Winner List
To obtain a copy of these Official Rules or the identity of the Winners of the Giveaway, mail a self-addressed, stamped (although Vermont residents may omit return postage), business-sized envelope specifying “Official Rules” or “Winner Identification” to 1220 Toro Grande Blvd, Cedar Park, TX 78613. Requests pursuant to this heading must be received within twelve (12) months of the end of the Giveaway Period.