GUARDIANS OF THE GALAXY
SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
TIMING: GUARDIANS OF THE GALAXY: THE TELLTALE SERIES (the “Sweepstakes”) entry period begins at 12:01 AM Eastern Daylight Savings Time ("EDT") on May 2, 2017 and ends at 11:59:59 PM EDT on June 2, 2017 (hereinafter, "Sweepstakes Period").
SPONSOR: ENTERTAINMENT MARKETING GROUP (“The Sponsor”), 1750 Ocean Park Blvd, Suite 204, Santa Monica, CA 90405. The Sponsor will be solely responsible for the operation of this Sweepstakes including, but not limited to, the hosting and management of collection of Internet/Wireless entries, selection of prize winners and the fulfillment of all prizes awarded in this Sweepstakes. Telltale Games, Marvel Entertainment, LLC and its parent, subsidiary, and affiliated companies (collectively, “Marvel”), and MSI are not responsible for the collection, submission or processing of entries, the administration of the Sweepstakes, the selection of prize winners or the fulfillment of prizes. Entrants are supplying their information to Sponsor and not to Telltale Games, Marvel or MSI. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram. By submitting an entry, you understand that you are submitting your information to Sponsor. By entering the Sweepstakes, each entrant waives, discharges and releases Twitter and Instagram from any and all liability associated with the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor and not to Twitter or Instagram. ELIGIBILITY: SWEEPSTAKES ENTRANTS MUST BE U.S. CITIZENS WHO ARE LEGAL RESIDENTS OF THE FORTY-EIGHT (48) CONTIGUOUS UNITED STATES (EXCLUDING ALASKA AND HAWAII) AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AT TIME OF ENTRY TO BE ELIGIBLE. SWEEPSTAKES VOID IN ALASKA, HAWAII, AND WHERE OTHERWISE PROHIBITED BY LAW. Only natural persons may enter this Sweepstakes. Employees of Sponsor, their distributors, wholesalers and retailers, and each of their respective parent companies, affiliates, subsidiaries, agents, and advertising, promotion, fulfillment and/or judging agencies, and Marvel (collectively, the “Related Entities”), and the family members of each are not eligible to enter or win a prize in the Sweepstakes. For purposes of this paragraph, “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law and all lineal descendants, including those by adoption. Sweepstakes subject to all applicable federal, state, and local laws and regulations.
HOW TO ENTER: There are three (3) ways to enter:
Entries may not contain, as determined by Sponsor’s sole discretion, any content that:
No previously published photographs or award-winning photographs will qualify as an Entry. Sponsor reserves the right to monitor Entries prior to posting them on Sponsor’s social media platforms, including but not limited to Twitter or Instagram. By entering this Sweepstakes, each entrant acknowledges that his/her Entry may be posted at Sponsor’s website or social media platforms, including but not limited to Twitter or Instagram in Sponsor’s sole discretion. Sponsor has no obligation to use or post any Entry submitted by any entrant. The use of an Entry by Sponsor or any Related Entity does not have any effect on the winner selection process. Entries posted are the views/opinions of the individual entrant and do not reflect the views of Sponsor in any manner. By entering the Sweepstakes, each entrant grants Sponsor and the Related Entities a worldwide, irrevocable, exclusive, assignable, transferable, unqualified, unrestricted, royalty-free license and right to edit, modify, publish, use, reuse, distribute, display, copy and otherwise exploit the Entry or any part thereof (with or without the entrant’s name and city/state), and any materials based thereon or derived from, in any manner and in any media (whether now known or later developed), for any lawful purposes whatsoever (noncommercial or commercial), including, without limitation, for use in the commercial packaging and point-of-sale materials, or for promotion, marketing or advertising of Sponsor, or any Related Entity, each of their respective brands and/or products in any medium (whether now or hereafter known) throughout the world in perpetuity without further permission, notification, consideration, or payment to the entrant, except where prohibited by law. In addition, each entrant forever waives in favor of Sponsor all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that may preclude the use of the Entry (or any part thereof) as granted herein, or require entrant’s permission to use the Entry (or any part thereof) for the purposes stated herein. By submitting your Entry, you warrant and represent that your Entry is original and was created solely by you, that the Entry does not incorporate any material owned by any third party, and that use of the Entry as described herein will not violate any law or infringe upon the rights of any third party. If, in the sole discretion of Sponsor, the Entry violates any law or infringes upon the rights of any third party, is inaccurate, incomplete or irregular in any way, or otherwise does not comply with these Official Rules or is deemed inappropriate, the Sponsor may disqualify the Entry.
DIGITAL MILLENNIUM COPYRIGHT ACT: Once a Submission is entered into the Sweepstakes, any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. EACH ENTRANT REPRESENTS, UNDERSTANDS AND ACKNOWLEDGES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A PRIZE WINNER) IN EXCHANGE FOR GRANTING SPONSOR THE NON-EXCLUSIVE LICENSE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH SUBMISSION BY SPONSOR. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.
RANDOM DRAWING/WINNER SELECTION: One (1) potential Grand Prize Winner and fifty (50) potential Runner-Up Prize Winners will be selected in a Random Drawing from among all eligible Entries received. The Random Drawing will be conducted on or about June 12, 2017 and potential prize winners will be notified via Instagram and/or Twitter direct messaging, email, or text message on or about June 16, 2017. Potential prize winners will have 72 hours to respond before a secondary winner is chosen. The random drawing will be conducted by an independent judging organization whose decisions on all matters relating to this Sweepstakes are final and binding. Potential Grand Prize Winner will be required to complete and return an Affidavit of Eligibility and Liability and (where permitted) a Publicity Release within fourteen (14) days from attempted date of notification. If (i) a potential prize winner is disqualified, (ii) a prize winner notification is returned as undeliverable, (iii) a signed prize winner notification is not received by Sponsor in a timely manner, (iv) a prize winner is ineligible, or (v) a prize winner declines his/her prize, that potential prize winner will be disqualified and that prize will be awarded to an alternate prize winner in a random drawing from among all remaining eligible Entries. Sponsor is not responsible for fraudulent calls or emails made to entrants not by Sponsor, or for any change of entrant’s email, telephone or mailing address. Sponsor shall have no liability for any prize winner notification that is lost, intercepted or not received by a potential winner for any reason. Proof of identify, age and/or legal residence may be required to claim the prize. Odds of winning a prize will depend upon the number of eligible Entries received. Potential prize winners are subject to verification. Limit one (1) prize per household.
PRIZES AND THEIR APPROXIMATE RETAIL VALUE (“ARV”): ONE (1) GRAND PRIZE: Grand Prize consist of one (1) MSI Trident 3 desktop gaming PC, one (1) 55” flat screen TV (valued at no more than $600) and one (1) Steam code for Marvel’s Guardians of the Galaxy – The Telltale Series for Personal Computer (subject to any restrictions and terms and conditions of use). ARV of Grand Prize: $1,925. FIFTY (50) RUNNER-UP PRIZES: Each Runner-Up Prize consists of one (1) Steam code for Marvel’s Guardians of the Galaxy – The Telltale Series for Personal Computer. ARV of each Runner Up Prize: $30.Total ARV of all Prizes: $3,180. Any difference between stated ARV and actual value of any prize will not be awarded. The ARV of the prizes sets forth above represents Sponsor’s good faith determination of the actual value thereof, and the actual fair market value, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. Prize winners (where applicable) are solely responsible for paying all federal, state and local taxes on prizes. Grand Prize Winner will be required to provide Sponsor with his/her social security number for tax purposes. The United States Internal Revenue Service requires Form 1099MISC to be issued and filed for any U.S. resident who receives a prize if the annual aggregate value of the prize received is $600 or more. Sponsor will issue a Form 1099MISC to Grand Prize Winner for the total fair market value of the prize he/she receives. Prize winners may not choose the cash value in lieu of a prize. Sponsor will have the right if any prize or prize component cannot be awarded due to circumstances beyond Sponsor’s reasonable control or for any other reason as determined by Sponsor, to award a substitute prize or prize component of equal or greater value as determined by Sponsor in Sponsor’s sole discretion. Any prize details and restrictions not specified above will be determined by Sponsor in its sole discretion. Sponsor shall not be liable for any loss or liability for fulfillment of prizes. Prizes are awarded “as-is” and Sponsor has not made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness.
GENERAL: The Sponsor reserves the right, in its sole discretion, at any time, to reject or disqualify any Entry that is deemed ineligible or for any reason that the Sponsor feels is necessary and/or appropriate, including without limitation, if that entrant has not complied with the Official Rules or has interfered, in Sponsor’s sole opinion, with the proper conduct of the Sweepstakes. By participating, each entrant, on his/her behalf and on behalf of his/her respective heirs, executors, administrators, legal representatives, successors and assigns (collectively, the "Releasing Parties"), releases and agrees to indemnify, defend, and hold harmless Sponsor, Telltale Games, Marvel, MSI,and each of their respective distributors, wholesalers and retailers, the Related Entities, and all other persons or entities involved in the administration or advertising of this Sweepstakes or in the provision of any prize or prize component and the respective employees, officers, directors, members, shareholders, partners and agents of each (all of the foregoing, "Released Parties") from any and all actions, causes of actions, suits, claims and liability of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, that the Releasing Party ever had, now has or might in the future have arising in any way from or related to this Sweepstakes, including without limitation any claims, demands, injuries, costs, attorney fees, rights, liabilities or causes of action arising in any way from or relating to the entrant’s participation in the Sweepstakes, the acceptance or use of any prize, the use by any of the Licensees (as defined below) of any Entry or any component thereof or any other exercise by any of the Licensees of the rights granted herein (including, but not limited to, any use of an entrant’s name, likeness, voice and/or biographical information). The foregoing release includes, without limitation, a release of any and all liabilities, claims, actions, suits, proceedings or demands based upon or alleging any invasion of privacy, violation of right of publicity or infringement of any intellectual property or other personal or proprietary rights, or any personal injury or death to an entrant or any other person or any property damage or loss. Entrants assume all liability for and risk of any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or the acceptance or use of any prize or participation in any prize-related activity. Each Releasing Party releases each of the Released Parties from any and all actions, causes of actions, suits, claims and liability arising from or relating to, and the Released Parties shall not be liable for, any: (1) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible Entries, (2) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (3) data corruption, theft, destruction or loss (including, without limitation, loss of any Entry) or unauthorized access to or alteration of an Entry or other materials; (4) any injuries, losses or damages of any kind caused by the participation in the Sweepstakes; (5) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes; (6) any unauthorized use of Entries by third parties; or (7) any other human or technical error of any kind relating to the submission, collection, storage or processing of entries or the administration of the Sweepstakes. The Sponsor disclaims any liability for and will not be liable for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other cause that corrupts or impairs the administration, security, fairness or proper play of the Sweepstakes. The Sponsor may disqualify any entrant if, in its sole discretion, it determines s/he is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other entrants or the Sponsor, the judges or their respective representatives. The Sponsor shall not be responsible if the Sweepstakes or prize fulfillment cannot be implemented or does not take place for any reason including delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism, including without limitation, or for any reason outside of the Sponsor’s control. By participating, entrants acknowledge that Sponsor does not waive any rights to use similar or related ideas without any restriction whatsoever, or further obligation to entrant. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR 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. In the event of a dispute as to the identity or eligibility of any Entry based on an email address, the Entry will be declared made by the Authorized Account Holder of the email address submitted at time of Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of Sponsor, which are final and binding in all respects. The Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. In no event will more than the number of prizes stated in these Official Rules be awarded. By entering the Sweepstakes, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Each entrant’s sole and exclusive remedy with respect to any and all claims, causes of action and/or lawsuits relating to or arising out of the Sweepstakes shall be an action at law for the recovery of monetary damages only. Each entrant agrees that in no event shall the entrant have the right to enjoin or otherwise interfere with the exercise by Sponsor, Telltale Games, Marvel, MSI, or any of the Licensees of any of their rights hereunder or to terminate or rescind any of the rights granted herein. Non-compliance with these Official Rules may result in disqualification. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in Santa Monica County in the State of California, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules.
GRANT OF RIGHTS: By entering the Sweepstakes, each entrant irrevocably grants permission to Sponsor and its parent companies, subsidiaries and affiliates, each of their successors, and the respective agents and licensees of each of the foregoing and those each of them may designate from time to time (all of the foregoing, the “Licensees”) to use and authorize the use of the entrant’s name, photograph, likeness, voice and biographical information, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, for commercial purposes (including, without limitation, advertising and promotion), without further compensation, unless prohibited by law.
WINNERS LIST/OFFICIAL RULES: To obtain a list of prize winners, (available after June 16, 2017), or a copy of the Official Rules, send a self-addressed, stamped #10 envelope (to be received by August 19, 2017) to: GUARDIANS OF THE GALAXY: THE TELLTALE SERIES Sweepstakes, c/o EMG Promotions, 1750 Ocean Park Blvd, Suite 204, Santa Monica, CA 90405. Please specify “Official Rules” or “Winners List” on the outer envelope.