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  1. iPad Giveaway Sweepstakes Rules
  2. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES. PLEASE READ THESE RULES CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
  3. Eligibility: These rules (the “Official Rules”) apply to all Facebook (collectively, the “Sweepstakes”). The Sweepstakes are open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old and of the age of majority in their state of residence at the time of entry (age of majority is nineteen (19) years in Alabama and Nebraska and twenty-one (21) years in Mississippi). Officers, directors, and employees of Space Ape Games and its parent and affiliated companies, as well as the immediate family (spouse, parents, siblings and children, regardless of where they reside) and household members of each such employee (whether or not related thereto) are not eligible to enter the Sweepstakes. The Sweepstakes are subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Space Ape Games decisions, which are final and binding in all matters related to the applicable Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
  4. By participating in any Sweepstakes you agree to these Official Rules, which are a contract, so read them carefully before participating. Without limitation, these Official Rules includes indemnities in favor of the Released Parties (defined below) from you and a limitation of your rights and remedies. The details and requirements for entry or participation in any Sweepstakes shall be provided by the official Transformers: Earth Wars social media channels from time to time, at the discretion of Space Ape Games. You must follow the directions provided by Transformers: Earth Wars social channels and otherwise be bound by and follow these Official Rules to be eligible to receive a prize in connection with any Sweepstakes.
  5. The Sweepstakes are in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter. Entrants are providing information to Space Ape Games and not to Facebook, Twitter.
  6. Sponsor: Space Ape Games, London WC1A1 HB
  7. Timing: Space Ape shall accept Sweepstakes entries only during the Sweepstakes entry period as provided for in the applicable Transformers: Earth Wars] (the “Entry Period”). If the applicable Sweepstakes announcement does not indicate an Entry Period, then the Entry Period shall begin on the date of the announcement and end on the following day. Unless otherwise indicated, the Entry Period shall remain open until 11:59 p.m. EST on the final day of the applicable Entry Period.
  8. How to Enter: Your method of entry shall be as provided for in the Sweepstakes announcement, or if no method is described in such announcement, based upon the default instructions for each applicable social media channel as outlined below. No other method of entry will be accepted. Limit one (1) entry per person per Sweepstakes, regardless of method of entry. Additional entries beyond the specified limit will be void.
  9. [NTD: Will need to be revised based on actual method of entry for each contest]
  10. [Twitter: To enter any Sweepstakes via Twitter, you must have a valid, public (i.e. not “protected”) Twitter account. The official [TBD] account is located at the following address: [TBD]. If you do not have a Twitter account, visit www.Twitter.com and register in accordance with the account sign­up instructions to obtain a free Twitter account. To enter any Sweepstakes via Twitter, follow the instructions provided by the applicable [TBD] account in the manner and time period set forth by the Transformers: Earth Wars Twitter account to receive one (1) entry in the applicable Sweepstakes. The default Twitter entry [TBD] shall be to comment the applicable Sweepstakes announcement tweet. If the applicable Sweepstakes announcement provides for retweeting (abbreviated “RT”) as a form of entry, you may not modify/amend or supplement the content of the announcement. If a retweet is not exact, it is ineligible for the drawing. Failure to follow any instructions provided by the Space Ape Games Twitter account or to submit your entry within the applicable Entry Period may result in disqualification. The time of receipt of any valid Twitter entry shall be the time such valid entry becomes available to Space Ape on Twitter.com.
  11. Facebook: To enter any Sweepstakes via Facebook, you must have a valid, public (i.e. not “protected”) Facebook account. The official [TBD] Facebook accounts are located at the following addresses: [TBD]. If you do not have a Facebook account, visit www.Facebook.com and register in accordance with the sign up instructions for a free Facebook account. To enter any Sweepstakes via Facebook, follow the instructions provided by the Transformers: Earth Wars Facebook account in the manner and time period set forth by the Transformers: Earth Wars Facebook account to receive one (1) entry in the applicable Sweepstakes. The default Facebook entry method shall be to comment the applicable Sweepstakes announcement post. Failure to follow any instructions provided by the Space Ape Games Facebook account or to submit your entry within the applicable Entry Period may result in disqualification. The time of receipt of any valid Facebook entry shall be the time such valid entry becomes available to Space Ape on Facebook.com.]
  12. Entry and Timing: Space Ape Games computer is the official time­keeping device for all Sweepstakes. Space Ape Games reserves the right to remove and/or disqualify any post/comment that is offensive, inappropriate, obscene, slanderous, or otherwise in conflict with the applicable social media platform terms and conditions or Space Ape Games. Multiple entrants are not permitted to share the same email account or social media account. Entries from social media accounts associated with businesses, organizations or groups, as well as bulk or listserv accounts are not permitted. Any attempt by any entrant to obtain more than a single entry by using multiple/different social media accounts, email accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Entries that are generated by a script, macro, or use of any other automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email account used to register will be deemed to be the registrant or player. For entries via Facebook, Twitter. The “authorized account holder” is defined as the natural person who is assigned to each account by Facebook.com, Twitter.com. For entries via email, the “authorized account holder” is the natural person assigned to the email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Space Ape Games reserves the right to deem that the entry was made by the registered subscriber of the account at the time of entry. The potential winner may be required to show proof of being the authorized account holder.
  13. Random Drawing: The potential winner(s) of the applicable giveaway will be selected by random drawing from among all eligible entries received for the applicable Sweepstakes promptly following the end of the applicable Entry Period. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner(s) will be declared the official winner(s) of the applicable Sweepstakes (each, a “Winner” and collectively, the “Winners”). The decisions of Space Ape Games are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received for the applicable Sweepstakes. Limit one (1) Prize per person, family or household per Sweepstakes. The potential winners will be notified via private message on the applicable social channel. Potential winners are responsible for ensuring that their social media accounts are configured to receive private messages from each applicable Space Ape Games social channel. Potential winners may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within three (3) days of such notification. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification at Space Ape Games discretion. In the event that a potential winner is disqualified for any reason, or if winner cannot be reached, or prize notification is returned as undeliverable, Space Ape Games will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only one (1) alternate drawing will be held after which the prize(s) will remain un­awarded. Limit one (1) prize per family or household.
  14. Grant of Rights and Submission Guidelines: For Sweepstakes with a photo submission entry method, professional photographs or photographs containing watermarks will not be eligible. By entering the Sweepstakes and submitting a Photo, you grant Space Ape Games the non-exclusive, royalty­free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, edit (including for length) and otherwise exploit the Photo, and to incorporate the Photo in other works in any and all markets and media worldwide in perpetuity. You warrant that you have the sole and exclusive right to grant such rights to Space Ape Games and that the Space Ape Games reproduction, publishing, displaying, and/or other use of the Photo will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Photo contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive, or if any Photo does not comply with these Official Rules, or meet Space Ape Games standards for any reason, as determined by Space Ape Games in its sole discretion, such Photo (and the related Entry) may be rejected as ineligible for consideration and removed from the Sweepstakes. Entries must comply with all applicable laws, rules, and regulations. You also warrant that you have obtained: (a) permission to upload the Photo from (i) all individuals appearing in the Photo, and (ii) the parents or legal guardians of all persons under the age of eighteen (18) who appear in the Photo; and (b) written permission to upload the Photo: (i) when photographing and/or videotaping on property not owned or controlled by you, where such permission is required, and (ii) from the parents or legal guardians of any persons who appear in the Photo who are under the age of thirteen (13) years. You acknowledge and agree that intellectual property depicted within Space Ape Games may be owned and/or licensed by third parties who confer no rights on guests who may post and/or enter an applicable Sweepstakes. Space Ape Games shall have no obligation to copy, publish, display, or otherwise exploit any Photo.
  15. Prizes: The prize(s) and quantity of such prize(s) to be offered in each Sweepstakes (each, a “Prize” and collectively, the “Prizes”) shall be identified by the Official Transformers: Earth Wars Facebook, Twitter account. The approximate retail value of each Prize shall be [$450.00]. Exact Prize details shall be determined in the sole and absolute discretion of Space Ape Games. Prizes are non-transferable and non-assignable, with no cash redemptions except at Space Ape Games sole and absolute discretion. Space Ape Games reserves the right to substitute any Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion. Each Winner is fully responsible for any and all applicable federal, provincial, state and local taxes (including income and withholding taxes). All costs and expenses associated with the Prize acceptance and use not specified by the Official social accounts as being provided, including but not limited to lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the Prize are the sole responsibility of the Winner.
  16. All details of all Prizes will be determined by Space Ape Games in its sole discretion. All expenses and incidental costs not expressly stated in the description above, including but not limited to, taxes or other expenses are the sole responsibility of the Winner. Restrictions, conditions and limitations may apply. Winner will not receive difference between actual and approximate retail value. Prize is non-transferable and no substitution will be made except as provided herein at the Space Ape Games sole discretion. Space Ape Games reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the applicable Entry Period.
  17. Release: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Facebook, Twitter Space Ape Games, Backflip Studios, LLC, and their respective parents, subsidiaries, affiliated and related companies of each of the foregoing, the successors and assigns of each of the foregoing, and the respective directors, officers, constituent general and limited partners, employees and agents of each of the foregoing (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the or Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Facebook and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of Space Ape Games, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Space Ape Games sole discretion.
  18. Publicity: Except where prohibited, participation in the Sweepstakes constitutes Winner’s consent to Space Ape Games and its agents’ use of winner’s name, likeness, photograph, voice, opinions, posts and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Each Winner and their applicable guest(s) will be required to sign a publicity general release form.
  19. General Conditions: Space Ape Games reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Space Ape Games reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Space Ape Games in its sole discretion. Space Ape Games and all 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) technical failures of any kind, including, but not limited to Facebook, Twitter network issues, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, corrupted or misdirected messages or emails; or (6) 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. 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, Space Ape Games reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un­awarded, eligible prize claims. Space Ape Games reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Space Ape Games reserves the right to seek damages from any such person to the fullest extent permitted by law. Space Ape Games failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  20. Limitations of Liability: THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES. IN NO EVENT SHALL ANY PARTY SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. You hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses in any dispute related to or arising from these Official Rules or the Prize.
  21. Disputes: These Official Rules and the Sweepstakes shall be subject to and governed by the laws of the State of Florida, excluding its conflicts of law rules. You agree to ARBITRATE ANY DISPUTES WITH Space Ape Games and to WAIVE JURY TRIAL and CLASS ACTIONS as more fully set forth at which terms govern the Sweepstakes as if fully incorporated into these Official Rules (except that if there is a conflict between these Official Rules and those terms, these Official Rules will govern such conflict). Your participation in the Sweepstakes may also be subject to other local, state or national laws.
  22. Entrant’s Personal Information: Information collected from entrants is subject to Space Ape Games’ privacy policy available at: [INSERT].
  23. Winner Announcement: Winners will not be announced. Winners shall be individually notified by email or private message on the applicable social media channel.
  24. Winners’ List: For a list of prize winners, write your name and address on a 3"x 5" card and mail it in an envelope to: Winners List, Space Ape, _________________. Winner List requests will only be accepted after the applicable Sweepstakes’ end date (listed on the applicable Sweepstakes Notification) and requests must be received no later than thirty days after such end date.
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