WildStar Jack Shade’s House of Haunts Contest
Official Contest Rules - EU
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE ONE’S CHANCES OF WINNING. THIS IS A SINGLE CONTEST WITH OFFICIAL RULES BASED ON RESIDENCY OF THE PARTICIPANT. THE SELECTION OF THE WINNERS WILL BE MADE AMONG ALL ELIGIBLE PARTICIPANTS WORLDWIDE, WITH WINNERS SPLIT EVENLY BETWEEN PARTICIPANTS FROM NORTH AMERICA AND EUROPE.
OFFICIAL RULES FOR RESIDENTS OF THE EUROPEAN UNION, ICELAND, MONTENEGRO, NORWAY, SERBIA, SWITZERLAND AND TURKEY ONLY
1. Eligibility: The WildStar Jack Shade’s House of Haunts Contest (“Contest”) is open only to residents of a member state of the European Union, Iceland, Montenegro, Norway, Serbia, Switzerland, Turkey (for the purposes of this Contest, residents of these countries will be deemed part of the European Union) who are the age of majority or older (18 years of age in most jurisdictions) as of the date of entry. The sponsor of this Contest is Carbine, LLC (“Sponsor”). Employees of the Sponsor and its respective distributors, affiliates, subsidiaries, and advertising and promotional agencies, and their immediate family members (parent, child, sibling, and spouse of each), and those living in the same household of each are NOT ELIGIBLE TO ENTER OR WIN. Other eligibility requirements and conditions of participation are set forth below in these official rules for the Contest (“Official Contest Rules”) available at www.wildstar-online.com (“Contest Website”). All federal, state, provincial, municipal, and local laws and regulations apply.
2. Entry Period: Entries will only be considered “Valid” if the submission email is received by the Sponsor between 2:00 AM Central European Summer Time (“CEST”) on October 19, 2016 and 07:59 AM Central European Time (“CET”) on October 31, 2016 (“Entry Period”). Emailing an Artwork (defined below) to the submission email, WildStarContests@ncsoft.com, constitutes Entry into the Contest and Entrant’s consent to, and agreement with, these Official Contest Rules.
3. How to Enter: To enter, participants must email to WildStarContests@ncsoft.com 5 screenshots of a digitally- drawn haunted house designed using Shade’s Eve housing décor (“Artwork”). Upon submission of a Artwork in accordance with these Official Contest Rules, the participant will be entered into the Contest (“Entrant”). The subject line for the submission email must state “Jack Shade’s House of Haunts Contest.” In addition, the Entrant should also include the following information: ( a ) the Entrant’s name (real name, not character name); ( b ) Entrant’s chosen display name; ( c ) Entrant’s chosen region (i.e., either North America or Europe); and ( d ) account email.
The following requirements apply for each email submission of an Artwork:
- The email submission must be in English. The Artwork must feature Shade’s Eve housing decor in theme with WildStar. The email submission must include the following statement in the body: “This email is submitted as an entry in the WildStar Jack Shade’s House of Haunts Contest.” Any email submission that does not include this statement in its body will be void.
4. Entry Limit: Limit of One Entry per Entrant. Subsequent Entries by the same Entrant are invalid and will be disqualified. Any attempts made by the same person to submit multiple Entries during the Entry Period are void. In the event of a dispute over the identity of the Entrant, the Entry will be deemed submitted by the authorized account holder of the email account submitted at the time of entry into the Contest. All Entries must be received during the Entry Period in order to be eligible for any Prize offered in this Contest. Any Entries submitted before or after the Entry Period are void and will not be eligible for a Prize.
5. Conditions of Submission: Any Artwork that is deemed by the Sponsor, in its reasonable discretion, to be infringing intellectual property rights, offensive, immoral, obscene, profane, defamatory, violent, infringing criminal laws, breaching reasonable security, health and safety rules, not keeping the image of the Sponsor, or in violation of these Official Contest Rules will be void. Further, any Artwork that contains trademarks, copyright-protected or other proprietary materials for which the Entrant has not obtained appropriate assignment of rights will be void. Sponsor reserves the right, at its reasonable discretion, to void any Entries from Entrants whom Sponsor believes have attempted to tamper or have tampered with the administration, security, or fairness of this Contest. Entries or Artworks submitted by automatic, programmed, or like methods will be disqualified.
By entering, each Entrant warrants and represents that (i) the Artwork is the original work of the Entrant and does not infringe the intellectual property, privacy, confidentiality or publicity rights or any other legal rights of any third party (including the right of image); (ii) the Entrant owns or otherwise controls all rights to the Artwork submitted by the Entrant; and (iii) the Artwork has not been entered into or won any previous contests or awards and has not been published or distributed previously in any form of media. By entering this Contest, each Entrant unconditionally and irrevocably grants a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable license to Sponsor and its successors or assigns to use, reproduce, distribute, display, and create derivative works of the Artwork for any purpose now and hereafter as they so desire. By submitting a Artwork, Entrant grants Sponsor the right to use, publish, adapt, edit and/or modify such Artwork in any way, in whole or in part, and to use such Artwork alone or in combination with other works, as solely determined by Sponsor, in commerce and trade and in any and all media now known or hereafter discovered, without limitation or compensation to the Entrant and without right of notice, review, or approval of any such use of the Artwork.
6. Selection of the Winners: The winners (“Winners”) of the Contest will be determined by a panel of judges (“Judges”) appointed by the Sponsor. The Judges will review each of the eligible posted Artwork and rank the Artwork based upon the following criteria (i) Creativity (40%); (ii) Originality – Spookiness (30%); and (iii) Quality of screenshots (30%). The top three ranked from each region (North America and Europe), as determined by the Judges in their sole discretion, will be the six Winners of the Contest. The Sponsor’s determination of the Winners is final and binding and not subject to review or appeal.
7. Prizes (each a “Prize” and collectively, the “Prizes”) and Approximate Retail Value (“ARV”) in US Dollars:
Prize for the First Place Winner in North America and Europe (total ARV of $38.00):
- Panda Snarfelynx (ARV of $20 USD)
- Sandcastle Décor Pack (ARV of $3 USD)
- Complete Set (5) Funny Hats (ARV of $15 USD)
Prize for the Second Place Winner in North America and Europe (total ARV of $26.00):
- Panda Snarfelynx (ARV of $20 USD)
- Sandcastle Décor Pack (ARV of $3 USD)
- Jack o’Lantern Hat (ARV of $3 USD)
Prize for the Third Place Winner in North America and Europe (total ARV of $23.00):
- Panda Snarfelynx (ARV of $20 USD)
- Sandcastle Décor Pack (ARV of $3 USD)
The total ARV of all Prizes is $87.00
8. Odds of Winning the Contest: Odds of winning the Contest depend on the total number of eligible Entries received during the Entry Period, the quality of the Artwork, and the number of votes based on the Judging Criteria.
9. How to Claim Your Prize: Winners will be contacted by a representative from the Sponsor on or about November 1, 2016 at 12:00 AM CET, the date when the Winners are announced. Winners will be notified using the email that the Entrant used for the Artwork submission. The list of Winners will be announced via Livestream and posted on the Contest Website and Sponsor’s Facebook page. In the event of a dispute as to the identity of a Winner based on an email address, the winning Entry will be deemed to be made by the authorized account holder of the email address at time of entry. “Authorized account holder” is the natural person who is assigned an email address by an internet service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. In the event a Winner cannot be contacted within 15 days after the Winners announcement on November 1, 2016, as determined in the sole discretion of Sponsor or its representatives, or a Winner rejects a Prize, an alternative winner may be identified. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) potential Winner’s failure to timely respond to the notification; (2) the return of the notification as undeliverable; or (3) any other non-compliance with the Official Contest Rules. In the event of a Prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate winner. The Sponsor shall not be responsible or liable for any failure by a potential Winner to accept the Prize for any reason.
10. Prize Delivery: Prizes will be delivered to each Winner within 30 days after Sponsor verifies a Winner’s eligibility to enter and to win this Sweepstakes. The Prizes will be in-game mailed to the character of each Winner’s choosing on the Winner’s account.
11. Prize Conditions: All costs associated with acceptance or use of the Prize are the sole responsibility of the Winner. A Winner may waive his/her right to receive a Prize. A Prize is non-transferable, non-exchangeable, and non-refundable, has no cash value, and must be accepted by the Winner as awarded unless the Winner waives his/her right to receive a Prize. A Prize may not be upgraded, and non substitutions by the Winner will be allowed, except that Sponsor reserves the right, in its sole discretion, to substitute a Prize for one of equal or greater value if the designated Prize should be unavailable without Sponsor’s fault, even though Sponsor ordered the Prizes from its suppliers.
12. Conditions, Disclaimers and License: By entering the Contest, each Entrant agrees that: ( a ) he or she will abide by and be bound by these Official Contest Rules; ( b ) the Entry, including the Artwork, will not be acknowledged by the Sponsor; ( c ) except where prohibited by law, neither Sponsor nor any of its affiliated companies or the advertising and promotional agencies affiliated with Sponsor or those affiliated companies, nor any of their officers, directors, employees, agents or representatives (collectively, Sponsor’s “Affiliates”) are responsible for claims, losses or damages of any kind resulting from participation or inability to participate in the Contest, or the awarding, acceptance, use, misuse, possession, loss or misdirection of the Prize except where it is caused by the negligence of the Sponsor; ( d ) Sponsor is not responsible for any inability of a Winner to accept the Prize for any reason unless caused by the fault of the Sponsor; and ( e ) except where prohibited by law, by entering the Contest, all Entrants further agree that Sponsor has the sole right to decide all matters relating to the Contest, including fact, interpretation, eligibility, procedure, fulfillment, and disputes from the Contest. Section ( c ) and ( e ) are not applicable if the Entrant is a resident of Germany. Neither Sponsor nor its Affiliates are responsible for (i) any typographical or other errors in the printing of the promotion materials or the offering or announcement of the Prizes, (ii) any error, omission, interruption, defect or delay in operation or transmission at any website, (iii) failure of any Entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iv) communications line, hardware and/or software failures, or (v) damage to any computer (software or hardware) resulting from participation in the Contest. If the Entrant is a resident of Germany, numbers (i) through (v) do not apply if the event is caused by fault of Sponsor.
Although Sponsor attempts to ensure the integrity of the Contest, neither Sponsor nor its Affiliates are responsible for the actions of Entrants or other individuals in connection with the Contest, including attempts by Entrants or other individuals to circumvent these Official Contest Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. If, for any reason other than fault of Sponsor, the Contest is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, Acts of God or any other causes which could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, Sponsor reserves the right to modify these Official Contest Rules and to cancel, terminate, modify or suspend all or any part of the Contest, and in the event of cancellation or termination, to select Winners from among all eligible non-suspect Entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. If the Contest is terminated by Sponsor as set forth above, Sponsor will post notice of such termination on the Contest Website and Sponsor’s Facebook webpage. Inclusion in such drawing will be each Entrant’s sole and exclusive remedy under such circumstances. Proof of submitting an Entry will not be deemed receipt of such Entry by Sponsor.
For any feedback or questions regarding the Contest, Prizes, or Winners, you can contact Sponsor by sending an email to: firstname.lastname@example.org.
13. Release and Indemnification: EXCEPT WHERE PROHIBITED BY LAW, BY ENTERING THE CONTEST, ENTRANTS RELEASE AND HOLD THE SPONSOR, ITS AFFILIATES AND FACEBOOK HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHT, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, ACCESS TO ANY MATERIALS, OR RESULTING DIRECTLY OR INDIRECTLY FROM THE CREATION OR SUBMISSION OF A ARTWORK INCLUDING, WITHOUT LIMITATION, ANY TRAVEL OR OTHER ACTIVITIES RELATED TO THE ENTRANT’S CREATION OR SUBMISSION OF A ARTWORK FOR THE CONTEST, OR FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. THIS CLAUSE IS NOT APPLICABLE IF THE ENTRANT IS A RESIDENT OF GERMANY.
If the Entrant is a resident of Germany, Sponsor shall only be fully liable for damages if such damages were caused by gross negligence or intentional acts of Sponsor, its employees, agents and officers; in the case of simple negligence Sponsor is only liable for personal injury and death arising out of its negligence; and for breach of contractual obligations which the Entrant could trust not to be breached and which are essential to perform under this agreement and in this case only, liability is limited to the typical foreseeable damages. The Entrant’s rights under the German Product Liability Act remain unaffected. Where liability is excluded or limited, such exclusion or limitation shall also be extended to Sponsor’s parent company, affiliates and subsidiaries and their respective employees, agents and officers.
Each Entrant agrees to defend, indemnify and hold harmless the Sponsor and its affiliates from any and all claims, liabilities, damages, expenses and costs (including legal fees) brought or asserted by or on behalf of any third party against the Sponsor or its affiliates arising from or related to the Entrant’s Artwork infringing or allegedly infringing a third party’s intellectual property rights, publicity, privacy or confidentiality rights, or defaming or otherwise causing harm to a third party.
If the Entrant is a resident of the UK and insofar as is permitted by law, the Sponsor and the Sponsor’s Affiliates will not in any circumstances be responsible or liable to compensate the Winners or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the Prize except where it is caused by the negligence of the Sponsor or the Sponsor’s Affiliates. Your statutory rights are not affected.
14. Limitations on Liability: Except where prohibited, Sponsor and its Affiliates shall not be liable to any Winner, Finalist or any other person for failure to supply a Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s or its Affiliates’ sole control.
( b ) Publicity Release: Except where prohibited by law, by accepting a Prize, each Winner and Finalist grants permission for Sponsor and its agents to use his/her name, voice and/or likeness, for advertising, merchandising, promotion and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation.
( c ) Applicable Law: The Contest, and any disputes that may arise hereunder, shall be governed in all respects by the laws of the state of Washington without regard to the conflicts of laws principles of any jurisdiction, but shall be subject to the mandatory consumer protection provisions of the country of residence of the Entrant. Unless the Entrant is a resident of Germany or France, venue with respect to any such disputes shall be had in the state and federal courts of the state of Washington. Venue with respect to any such disputes shall be had in the state and federal courts of the state of Washington. If the Entrant is a resident of France or Germany, the competent court will be determined according to French law or German law, respectively.
16. Official Contest Rules: The Contest will be run in accordance with the Official Contest Rules. Each Entrant must comply with the Official Contest Rules. The terms of the Contest, as set out in the Official Contest Rules, are not subject to amendment or counteroffer, except as set out herein. If any provisions of the Official Contest Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor’s failure to enforce any term of the Official Contest Rules will not constitute a waiver of that provision.
17. Sponsor: The Contest is sponsored by Carbine, LLC, 1 Polaris Way, Aliso Viejo, CA 92656, USA.
18. Winners List: For the winner list, send a self-addressed, stamped envelope (except residents of Vermont) to: Carbine, LLC, Attn: Winner List WildStar Jack Shade’s House of Haunts Contest, 1 Polaris Way, Aliso Viejo, CA 92656, USA, by February 28, 2017. A list of the winners also will be posted on the Contest Website and on the Sponsor’s Facebook page.
19. Disclaimer: This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. By participating in the Contest, you agree that you are providing your information to Sponsor and not to Facebook.