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Game On SWEEPSTAKES

 

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN.  PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW. 

 

1.  Eligibility: Open to legal residents of Canada or the United States including the District of Columbia who are eighteen (18) years of age or older as of date of entry and have a valid, registered member account at www.curse.com (the “Site”). Residents of Massachusetts and the province of Quebec, Canada are ineligible to enter or win. Employees and their immediate family members (parent, siblings, children and spouse, and persons residing in the same household whether related or not) of Curse Inc. (“Sponsor”) and its parent and affiliated companies, subsidiaries, and advertising and promotion agencies, and all other companies associated with the Curse Voice Beta Key (the “Sweepstakes”), and their respective agents, officers, and directors, and all individuals, including, but not limited to, consultants, independent contractors, so-called “temporary employees,” former employees and interns (and their immediate family members) who have, within the past six (6) months, performed services for Sponsor, are not eligible to enter or win.  Void in Massachusetts and Quebec, Canada.  Void where prohibited by law. Each entrant is referred to herein as “you” or “Entrant”.

 

2.  Sweepstakes Period: The Sweepstakes begins on 5/5/2014 at 12:00 a.m. CDT and ends on 5/19/2014 11:59 pm CDT (the “Sweepstakes Period”).  Sponsor, any third party appointed by Sponsor to assist with the administration of the Sweepstakes (each, a “Sweepstakes Administrator”, if any), or Sponsor’s duly authorized representative shall be the determiner of all Sweepstakes-related time periods and Sponsor’s decision as to whether an entry has been received during the Sweepstakes Period shall be final.  

 

3.  How to Enter:

 

a. (i)     Online Entries.  To enter online, go to www.curse.com.  You must be a registered member of the Site during the Sweepstakes Period described above (including a new user that registers during the Sweepstakes Period) to enter online.  No paid subscription is required to enter.  Each eligible, existing registered user of the Site that satisfies the foregoing and the other terms and conditions of these Official Rules will be entered in the Sweepstakes.  All online entry requirements must be satisfied by the close of the Sweepstakes Period.  Canadian residents must correctly answer the following question:  “What is 4+4+8?”  Failure to submit the correct answer at time of online entry shall render the entry null and void. 

 

(ii)        Mail-in Entries.  To enter by U.S. or Canadian mail, without a subscription required, hand print your full name, complete home address including zip code, home telephone number with area code, date of birth, and email address, on either a standard size post card or a 3"x5" card and mail to: Curse, Inc. [SWEEPSTAKES NAME], 351 California Street, Suite 1450, San Francisco, CA 94104.  Canadian residents must correctly answer the following question:  “What is 4+4+8?”  Failure to submit the correct answer with the mail-in entry shall render the entry null and void.  The entry must be postmarked no later than the last day of the Sweepstakes Period, and received by Sponsor within ten (10) business days following the end of the Sweepstakes Period.  Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible, incomplete or postage-due mail or entries.  No photocopied, digitally created, or mechanically reproduced entries allowed. 

 

(iii)       Social Media Entries.  You will be able to utilize social media to achieve additional entries to the Sweepstakes.  Some these actions may require you to “Like” something on Facebook, follow something on Twitter, share something with your followers on Facebook, Twitter or another social media interface, or subscribe to something on YouTube or another social media interface.  The number of entries that you are entitled to submit will be as set forth on the entry page or other presentation of the Sweepstakes. You may only use one applicable account on each of Facebook, Twitter, YouTube or other social media interface to participate in the Sweepstakes.  Entering via multiple accounts on the same social media interface will disqualify you from the Sweepstakes (and may cause your accounts to be suspended on certain of the social media interfaces). If an entry is permitted by including a “tweet” on Twitter (using a given hashtag or otherwise), you may only add one additional entry via that “tweet” and should not duplicate or re-tweet the same entry multiple times. Each Twitter entry should mention [@CurseNetwork].

 

b.  Canadian residents only.  As referenced above, to be eligible to enter and win a prize, regardless of entry method, eligible Canadian residents must correctly answer the question above.  Failure to submit the correct answer at time of entry shall render the entry null and void. 

 

c.  Limit: Unless Sponsor allows you to submit multiple entries via a social media interface, the Sweepstakes is only one entry per person.  Any attempt to exceed this limit (either online or by mail), or any limit permitted via social media, may result in disqualification (at Sponsor’s discretion).  All entries become the sole property of Sponsor, and receipt of entries will not be acknowledge or returned. 

 

4.  How to Win: (1) Winners will be selected from all eligible entries in a random drawing to take place on or about 5/13/2014.  Prize winners will be notified by email or any other appropriate method (at Sponsor’s discretion) using the contact details for the prize winner set out in such winner’s registered account for the Site or contained within their entry for the Sweepstakes within forty-eight (48) hours of said drawing.  Upon receiving such a notification, winner must reply to Sponsor or Sponsor’s authorized representative (as specified in the relevant notification) within seven (7) days of said notification being sent, or Sponsor may award the prize (as defined below) to the next eligible entrant.   Return of any notification or affidavit as undeliverable, the inability of Sponsor to contact a potential winner, the failure of a potential winner to contact Sponsor in a timely manner, the inability of a potential winner to accept or receive the prize for any reason, and/or the non-acceptance by a potential winner of any prize for any reason will result in disqualification of such potential winner, and an alternate winner will be selected randomly from all remaining eligible entries received. In the event that, for whatever reason, Sponsor cannot select a winner after two attempts, including, without limitation, because a potential winner does not respond, refuses to accept a prize or for any of the other reasons identified in these Official Rules, Sponsor may, in its sole discretion, continue to select randomly an alternative winner from all remaining eligible entries received or terminate the Sweepstakes.

 

5.  Prize: Winners will receive a $250 Amazon Gift Card, the approximate retail value (“ARV”) is $250.

 

Odds of Winning: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.

 

Sponsor reserves the right to adjust the pricing of its subscription services for the Site at any time, and actual subscription periods and exchange rates may vary.  Awarding of a prize does not constitute the respective prize-providing entities’ affiliation with, sponsorship, or endorsement of, the Sweepstakes.

 

ALL FEDERAL, STATE, AND LOCAL TAXES AND FEES, INCLUDING INCOME TAX, SALES TAX, AND LICENSE FEES, AND ANY OTHER EXPENSES ARISING OUT OF THE RECEIPT AND USE OF THE PRIZES, ARE SOLELY THE RESPONSIBILITY OF THE WINNER.   Any difference between the stated estimated value of a prize and its actual value will not be awarded.  Winners agree to accept prize “AS IS.”  Sponsor may provide a federal 1099 financial reporting form to U.S. residents and a W8-BEN reporting form for Canadian residents, as applicable.  If so provided, the respective form must be executed and returned to Sponsor per the instructions provided by the Sponsor.

 

Sponsor makes no representations or warranties regarding the quality of any prize and any conditions, warranties or other terms implied by statue or common law are hereby excluded to the fullest extent permitted by law. Any complaints in relation to any prize must be directed to the relevant third party manufacturer or provider of such prize.

 

6.  Restrictions: Prize is nonrefundable and nontransferable.  The prize is not replaceable if lost, damaged or stolen. Sponsor is not required to (but may at its sole discretion) offer any substitutions, cash redemptions, or alternative to prizes awarded under this Sweepstakes.  Sponsor reserves the right to substitute a prize of equal or greater value in the event a prize is unavailable.  Recipient of prize must have a U.S. or Canadian mailing address.  All prizes awarded are subject to the terms, conditions, restrictions and limitations noted in these Official Rules, on the prizes and/or included with the prizes. 

 

7.  General Entry Rules: Any individual or entrant who attempts or otherwise encourages, directly or indirectly, entry under multiple identities, and/or uses multiple computers, multiple Internet Protocol addresses, so-called “proxy servers,” or any software program to manipulate or create multiple entries, or uses any other device, method, or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Sponsor or Sweepstakes Administrator, will be disqualified.  Sponsor, at its sole discretion, reserves the right to review and investigate all entries and to take any and all measures it deems necessary to ensure a fair Sweepstakes.  Mutilated, edited, lost, illegible, or incomplete entries will be deemed ineligible, disqualified and void. 

 

To the fullest extent permitted by applicable law, Sponsor, together with any co-Sponsor, and Sweepstakes Administrator, and their respective parents, subsidiaries and affiliates, advertising and promotion agencies, suppliers (including all prize providers), printers, and distributors, and the respective officers, directors, employees, representatives and agents of each and any other person or entity related in any way to this Sweepstakes (collectively “Sweepstakes Entities”), are not responsible for late, lost, incomplete, misdirected, or damaged entries or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in this Sweepstakes which may limit the ability to play or participate, or by any human error that may occur in winner notification or other Sweepstakes-related communications, or the processing, review, or tabulation of the entries in this Sweepstakes, or for any printing errors in these Official Rules.  If by reason of a printing or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available.  No more than the advertised number of prizes will be awarded.

 

If for any reason (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Sweepstakes Entities that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes) the Sweepstakes is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes and select the winner(s) from entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor.  SPONSOR RESERVES THE RIGHT TO PROSECUTE ANY FRAUDULENT ENTRIES TO THE FULLEST EXTENT OF THE LAW.  At Sponsor’s sole discretion, entrants and/or winners who do not comply with these Official Rules or otherwise attempt to interfere with this Sweepstakes in any way may be disqualified.  

 

ALL DECISIONS BY SPONSOR ARE FINAL. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, DO NOT ENTER THE SWEEPSTAKES.

 

8.  Release and Indemnification: By entering, entrants and winner(s) agree to be bound by these Official Rules and the decisions of Sponsor, together with any co-Sponsor and Sweepstakes Administrator, which shall be final for all purposes hereunder, and agree: (1) Sweepstakes Entities may use (unless prohibited by law) their names, likenesses, images, photographs, voices, cities/states of residence, and biographical information for advertising, trade and promotion in any media or format now or hereafter known, including on the Internet or via wireless application protocol, without further compensation, permission or notification, except where prohibited by law; and (2) to the fullest extent permitted by applicable law and subject to the remaining provisions of this section 8, to release, hold harmless and indemnify the Sweepstakes Entities, Facebook, Twitter and each social media interface on which the Sweepstakes may be administered or co-administered from and against any and all liability, damages or causes of action (however named or described) with respect to or arising out of either (i) entrants’ participation in the Sweepstakes or in any Sweepstakes-related activity; or (ii) the receipt, possession, or use or misuse of the prizes awarded in the Sweepstakes, including but not limited to any claims for damage to property, personal injury or death, or claims based on defamation, rights of privacy, intellectual property rights of whatever nature, rights of publicity, or merchandise delivery.  Winner may be required to complete, sign and return an Affidavit of Eligibility and Publicity/Liability Release and, in the event that any winner fails to provide the same within any reasonable timeframe requested by Sponsor and/or any Sweepstakes Administrator, such winner’s prize may be forfeited and awarded to an alternate entrant.

 

Sponsor, at its sole discretion may require copies of the winner’s government-issued photo identification (or, if a minor, his/her parent’s or legal guardian’s ID).  You hereby waive application of California Civil Code Section 1542 which provides as follows:

 

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

 

You expressly waive the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waives any right to invoke said provisions now or in the future with regard to the Sweepstakes.  Entrants and the winner further acknowledge and agree that this waiver is an essential and material term of these Official Rules and the Sweepstakes.

 

9.  Disputes/Binding Arbitration:

 

(a)         Arbitration Procedures.  You and Sponsor agree that, except as provided in Section (d) below, all disputes, controversies and claims related to the Sweepstakes and these Official Rules (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Official Rules. In the event of a conflict between the terms set forth in this Section and the JAMS Rules, the terms in this Section will control and prevail. 

                              Except as otherwise set forth in Section (d), you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Sponsor will have the opportunity for discovery of non-privileged information that is relevant to the Claim.  The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.  The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator.  Except as otherwise provided in these Official Rules, (i) you and Sponsor may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. 

BY AGREEING TO THIS ARBITRATION PROVISION, EACH ENTRANT UNDERSTANDS THAT HERE OR SHE AND SPONSOR WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. 

            (b)        Location.  The arbitration will be conducted in the County of San Francisco, California, unless the parties agree to video, phone and/or internet connection appearances.

            (c)        Limitations. You and Sponsor agree that any arbitration shall be limited to the Claim between you and Sponsor individually. ENTRANT AND SPONSOR AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

            (d)        Exceptions to Arbitration. You and Sponsor agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Sponsor’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief.  In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

            (e)        Arbitration Fees.  If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee.  If Sponsor is initiating arbitration for a Claim, Sponsor will pay all costs charged by JAMS for initiating the arbitration.  All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules. 

                        (f)        Severability. You and Sponsor agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section (d)), that portion shall be severed and the remainder of the Section shall be given full force and effect.  If Section (d) is found to be illegal or unenforceable then neither you nor Sponsor will elect to arbitrate any Claim falling within that portion of Section (d) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you and Sponsor agree to submit to the personal jurisdiction of that court.

 

10.  Miscellaneous Conditions: You agree that the laws of the United States of America and the laws of the State of California, without regard to the principles of conflict of laws, will govern the Sweepstakes and these Official Rules.  Except as set forth in Section 9 (and claims proceeding in any small claims court), you irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in San Francisco County, California, and the related appellate courts, in any related action or proceeding. As a condition of participating in the Sweepstakes, you agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Official Rules shall be resolved individually without resort to any form of class action. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental or consequential damages (including reasonably attorneys' fees), other than your actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes) and you further waive all rights to have damages multiplied or increased.  

 

Any personal information or data supplied by any entrant to any of the Sweepstakes Entities will be subject to Sponsor’s privacy policies posted at www.curse.com/privacy (the “Privacy Policy”).

 

limitations on damages, VENUE, and restrictions on class actions are not permitted in all jurisdictions and so THE limitations IN SECTIONS 9 AND 10 may not apply to you.

 

11.  Winners' List and Official Rules: Entrants may request the names of winners and a copy of these Official Rules by sending a self-addressed, stamped envelope by 6/23/2014 to: Curse Inc., 305 Church St SW Suite 601, Huntsville AL 35806. Residents of WA and VT may omit return postage for rules requests. 

 

11.  Sponsor:  Curse Inc., 305 Church St SW Suite 601, Huntsville AL 35806.  Sponsor advertisers do not endorse or sponsor, and are not otherwise affiliated with, the Sweepstakes.  Although the Sweepstakes may be administered or co-administered on or through a Facebook, Twitter or another social media interface, the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other third party. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor and not Facebook, Twitter or any other third party.

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