Show Us Your Squad Contest
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
The following promotion is intended for participants in the United States and Canada only and shall be construed and evaluated according to the laws of the United States or to your country of residence. Do not proceed in this promotion if you are not a legal resident of the above countries or not currently located in the above countries. Void in Guam, the U.S. Virgin Islands and Puerto Rico. Void where prohibited by law. Further eligibility restrictions are contained in the Official Rules below.
- DESCRIPTION: The “Show Us Your Squad Contest” (the “Contest“) is a contest in which entrants will post a screenshot of their in-game team with a description in the comments on the contest announcement post. The winners will be selected by the Sponsor’s judges (the “Judges”) The Judges will score each entry based on content, clarity of expression, and creativity. The sponsor of this Contest is Ellation, Inc. 835 Market St. Suite 700, San Francisco USA 94103 (“Sponsor”).
The Contest will take place as follows:
Entry Period: The Contest Period begins on Thursday, September 27, 2018 (“Start Date”) at 12:01 am Pacific Time (“PT”) and ends on Thursday, October 4, 2018 at 11:59 pm PT (the “Entry Period”). Potential Winner Notification: The potential winners will be contacted between October 15, 2018 and October 24, 2018, per the description in Section Six (6) of the Official Rules.
- ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States, Washington, D.C. (i.e., excluding Guam, Puerto Rico and all other U.S. territories and possessions) and Canada who are physically located and residing therein and who are at least eighteen (18) years of age and have reached the age of legal majority in their jurisdiction of primary residence at time of Entry (“Entrant”). This Contest is not intended to solicit purchase of any materials required for play. Each Entrant must be the rightful owner of the Facebook or Twitter account identified in the Entrant’s Entry. In the event of a dispute as to the identity of a winner, the Judges will decide the identity of the winner based on the natural person in whose name the Twitter or email account associated with the provided Twitter or email address was opened, or other evidence presented to the Judges in a timely fashion. Employees, shareholders, officers, directors, agents, contractors and representatives of Sponsor and each of its respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies, together with the Immediate Family Members and/or Household Members (both as defined below) of such persons, are not eligible to participate in the Contest. For purposes of the Contest, “Household Members” shall mean those people who share the same residence at least three months a year, whether or not related; “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Contest void where prohibited.
- HOW TO ENTER: NO PURCHASE NECESSARY. Internet access required. During the Entry Period, Entrants must post a screenshot of their DanMachi: MEMORIA FREESE team for a chance to win (“Entry”). Limited to one (1) Entry per person for the duration of the Entry Period. Entrants must provide all information requested to be eligible to win.
All Entrants must post their team by 11:59 pm PT on Thursday, October 4, 2018. Entrants who provide Entries which violate any of these requirements may be deemed ineligible to participate in the Contest or receive the prize and their Entry may be void at the Sponsor’s sole discretion. Sponsor reserves the right to disqualify, in their sole and absolute discretion, any Entries deemed inappropriate or that do not comply with the Contest Official Rules. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED.
- WINNER SELECTION: All valid entries submitted on or before 11:59 pm PT, on Thursday October 4, 2018 (the “Cutoff Date”) will be eligible for Judges’ selection to take place October 15, 2018 and October 23, 2018. Entries will be deemed “submitted” when an Entrant sends a comment with their team on the post. Any Entry submitted after the Entry Period will not be eligible. The prizes will be awarded to the entrants who are selected by the Judges as selected by Sponsor. The Judges will score each entry based on content, clarity of expression, and creativity. The top 3 will be eligible to receive a prize, with the top scoring Entrant eligible to receive the Grand Prize. If any chosen winner does not complete the Prize Claim Documents, or is otherwise ruled ineligible at Sponsor’s sole discretion, then an alternate winner may be chosen. Odds of winning will be determined by the number of valid entries received and the quality of such Entry. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest nor the odds of winning. The winners will be notified by Facebook Direct Message from the DanMachi: Memoria Freese account.
Grand Prize: one winner will receive a Hestia wall scroll.
Approximate Retail Value (“ARV”) for each grand prize to be awarded in the Contest: $30.
2nd place through 3rd place will each be awarded the following prize:
One “Is it Wrong to Try to Pick Up Girls in a Dungeon?” Clear file (ARV $10)
All prize details are at the sole discretion of the Sponsor. Each winner cannot assign or transfer the prize to another person. Cash alternative is allowed only at the sole discretion of Sponsor. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize may be awarded. If a winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited or offered to another entrant at the sole discretion of Sponsor. The value of the prize represents Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. Only a maximum of one Grand Prize will be awarded. Each winner will be solely responsible for all federal, state and/or local taxes, as applicable, and for any other fees or costs associated with the prize they receive. The stated ARV of the prizes is based on available information provided to Sponsor and the actual value of the prize awarded will be reported for tax purposes as required by law. Winners must provide Sponsor with a valid social security number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name(s) of the Winner(s) for the actual value of the Prize received. Other restrictions may apply. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sponsor’s sole discretion.
- POTENTIAL WINNER NOTIFICATION: Each potential winner will be contacted via Facebook message between October 25, 2018 and October 28, 2018. Each potential winner will be required to respond as directed to the notification WITHIN 24 HOURS or the Entrant may be disqualified and a new potential winner will be selected according to the Official Rules, who will be subject to disqualification in the same manner. Sponsor reserve the right to disqualify anyone not fully complying with the Official Rules. Potential winner will be required to verify address and complete, sign, and return within seventy-two (72) hours an affidavit of eligibility or declaration of eligibility/compliance (as applicable), a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in their sole discretion (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of the individual who submitted the Entry that received the next highest number of points as a new potential winner (and who will be subject to disqualification in the same manner).
- DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest nor the odds of winning.
- MATERIALS/RIGHTS IN ENTRIES: In consideration of the Entry being reviewed and evaluated for this Contest, each Entrant irrevocably grants royalty-free, unlimited license to Sponsor, their successors and assigns, to the Story and in and to the Entry and/or any portion thereof for use and exploitation in any form, format or order alone or in conjunction with any other material for broadcast, duplication, and advertising, by means of any and all media and devices whether now known or hereafter developed or devised worldwide and in perpetuity, including to the extent applicable (a) any information, biographical data, and material (e.g., the “creative” file or Entry) submitted by Entrant in connection with the Contest; and (b) the Story, all graphics, statements, and quotations of or by Entrant and furnished by Entrant as part of this Contest (the “Material”). Material may be posted on the Contest Website, on social media sites or elsewhere in connection with Contest and other marketing and promotions of the Sponsor. Entrant agrees that the Sponsor has no obligation to use an Entry or any Material. The Sponsor shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter any part of the Material for any purpose which the Sponsor deems necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Entry to Sponsor for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Sponsor and Entrant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Entry, and that the only contracts, express or implied, between the Sponsor and Entrant is as set forth in these Official Rules and any release forms signed by the Entrant. In addition, by participating in the Contest and providing an Entry, each Entrant hereby grants permission (except where prohibited by law) for the Sponsor to use Entrant’s Entry, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further notice, compensation or consideration in any and all media now known or hereafter developed throughout the universe.
- NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that the Sponsor has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Entry and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Sponsor’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Sponsor’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Entry or any other production based on or allegedly based on the Entry, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- RIGHTS OF SPONSOR/ DISCLAIMER OF LIABILITY: By entering or participating in this Contest, Entrants waive the right to claim any ambiguity or error in the Official Rules or in the Contest itself. Sponsor reserves the right to modify these Official Rules, in whole or in part, at any time and without notice or obligation for clarification purposes without materially affecting the terms and conditions of the Contest, if, in Sponsor’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Rules. If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
Sponsor, shall have the right and sole discretion to edit, to refuse to publish or cease to publish any Entry whatsoever which it finds to be in violation of these Official Rules, does not fully comply with all of Sponsor requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. Sponsor also reserves the right to replace the winning Entry with the Entry of an alternate eligible Entrant in accordance with these Official Rules if such Entry and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant’s failure to have documents executed as directed by the Sponsor. Sponsor also reserves the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to terminate the Contest for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Contest or the Sponsor and, in such situation, to select the winner(s) from the eligible Entries received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor. The Sponsor is not responsible for any materials provided by Entrants that are deemed harmful or offensive to others or for any harm incurred as a result of the Entry creation. The Sponsor is not responsible in any way for any injury, loss or damage that occurs as a result of an opinion expressed or information provided in connection with the Contest. The Sponsor makes no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in any Entry. All statements and opinions made by Entrants are those of such Entrants only, and the Sponsor neither endorse nor shall be held responsible for the reliability or accuracy of the same. Sponsor is not responsible for the content or practices of third party Web sites that may be linked to the Contest Website. This site may also be linked to Web sites operated by companies affiliated with Sponsor. Visitors to those sites should refer to each site’s separate privacy policies and practices.
- WARRANTY: It is an express condition of Entry and eligibility that each Entrant warrants and represents that Entrant’s Entry is solely owned by Entrant and solely created by Entrant for the purpose of entering this Contest, and that no other party has any rights or interest in the Entry. Entrant further represents and warrants that the Entry and any use thereof by the Sponsor, and each of its parent companies, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law copyright and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.
- RELEASE: By participating, each Entrant agrees that the Sponsor and each of their agents, representatives, parent companies, affiliates, subsidiaries, units and Sponsor’s divisions and advertising and promotional agencies and prize suppliers and all entities involved in the production, sponsorship and/or promotion of the prize, or any part thereof, including, without limitation, each of their respective employees, shareholders, officers, legal advisors and directors; and each of these companies and individuals’ respective successors, representatives and assigns (“collectively, the “Released Parties”) are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, email, or tweets, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Released Parties that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Sponsor reserves the right, subject to any governmental approval which may be required, to modify, suspend, or terminate the Contest, to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, alien invasions, zombie apocalypse, artificial intelligence take-over or robot ascension, technical difficulties, and other events not within the reasonable control of Sponsor. Sponsor reserves the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual they find, in their sole determination, to be tampering with the Entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST.
- INDEMNITY: Entrant shall indemnify, defend and hold harmless the Released Parties from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising out of or in connection with any third party action arising out of or in connection with (i) Entrant’s participation in the Contest, (ii) a breach or allegation which if true would constitute a breach, of any of Entrant’s representations, warranties or obligations herein, and/or (iii) acceptance, possession, or use of any prize or travel related to such prize, including without limitation, personal injury, death and property damage arising there from.
- DISPUTES: This Contest is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this Contest, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
- ARBITRATION PROVISION: By participating in this Contest, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Contest. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the participant or Released Parties. For more information on the Forum and/or the Forum’s Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
- WINNERS/OFFICIAL RULES: To obtain a copy of the Winner list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to “Show Us Your Squad Contest” Winners/Rules, 835 Market Street, Suite 700, San Francisco, CA 94103. Requests for the names of the winners must be received no later July 31, 2018. Residents of Vermont and Canada may omit return postage.