Konami Digital Entertainment Fan Promotion

Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE ODDS OF WINNING. ENTRY INTO THE PROMOTION CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED.

These Official Rules apply to the ZONE OF THE ENDERS 4K/VR Contest (the “Promotion”). Individuals who follow the @Konami Twitter account will have between Aug. 22^rd and Aug. 28^th to Retweet the entry post along with #ZoneOfTheEnders and either “4K” and/or “VR” they are most excited to play Zone of the Enders: The Second Runner MARS. Submissions must be submitted via Twitter using the hashtag #ZoneOfTheEnders and must include @Konami. At the end of the Promotion, two different winners will be chosen at random from eligible submissions and follow both the @Konami Twitter. The winners will each receive: a pair of Zone of the Enders socks, a single Zone of the Enders PS4 controller, a single ZOE lapel pin. Entries must follow both the @Konami Twitter account and have RT’d the contest post with their “VR” and/or “4K” preference the #tag to win.

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Eligibility: To be eligible to participate in the Promotion, you must be (i) a resident of the 50 United States, the District of Columbia or Canada (excluding Quebec); United Kingdom and (ii) 18 years of age or older, or at the age of majority in the jurisdiction in which you reside, whichever is older, on the date of entry. Residents of Quebec are not eligible to participate. Employees, representatives, officers, and directors of Sponsor, its affiliates, subsidiaries, agents, judges and advertising and promotion agencies (collectively, the “Promotion Entities”), as well as immediate family (spouse, parents, siblings, and children) and household members are not eligible. All country, federal, state, and local laws apply.

Sponsor: Konami Digital Entertainment, Inc., 2381 Rosecrans Ave., Suite 200 El Segundo, CA 90245 (“Sponsor”)

Promotion Term: The Promotion will begin August 22, 2018 at 11:30 a.m. Pacific Time (“PT”) and end August 30th, 2019 at 11:59 p.m. PT (the “Term”). Unless otherwise noted, for all times provided in these Official Rules or in relation to the Promotion, the applicable time zone will be Pacific Time. The Sponsor’s computer is the official time keeping device for the Promotion. After the completion of the Term, the submissions will be reviewed for eligibility by and drawn at random from those submissions. The drawing will take place between Aug 31^th and Sept 3^rd, 2018 (the “Drawing Dates”).

How to Enter: An individual must Retweet a submission post, follow @Konami twitter account and responded / tweeted #ZoneOfTheEnders and state either 4K or VR as their choice until the end of the Promotion. Konami reserves the right to disqualify content with vulgar or inappropriate content or automated/bot spam accounts. Winner will be chosen using https://competitionagency.com/tweetdraw or equivalent software.

Tweet Post Copy – ZOE launches Sept. 4th, so let’s bring the hype! RT this tweet by Aug 30^th and respond with #ZoneOfTheEnders and let us know if you are playing in “VR” or “4K” and follow @Konami! Two random winners will get this unique ZOE gear! US/Canada/UK only! Rules: [link]

Winners will be chosen at random from those submissions that meet the requirements.

Entries using automatic entry will be disqualified. Entrants using multiple accounts will be disqualified. Entries will be presumed to belong to the “registered owner” of the Twitter account submitting the RT. “Registered owner” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail address for the domain associated with the submitted e-mail address and will apply to the email address associated with the Twitter account used to submit the entry. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding. Entries will be considered void if they are in whole or in part illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, forged, mechanically reproduced or obtained through fraud or theft, or if they contain material that does not meet the requirements described in these Official Rules.

Completing an entry, including submitting the RT, constitutes your confirmation to compliance with these Official Rules. To be eligible, Sponsor must receive your entry within the Term.

NOTE FOR TWITTER ENTRIES: If you do not make your Tweets public, Sponsor will not receive your entry. Tweets should include both @Konami and “#ZoneOfTheEnders”. Each entry will be deemed to have been submitted by the natural person assigned the Twitter account associated with the entry. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted. Sponsor discourages the creation of multiple accounts. All entries discovered to have been submitted by the same individual using multiple accounts will be disqualified.

Intellectual Property Rights:

Warranty. By entering the Promotion, you warrant and represent that the material submitted by you is your own original work created and/or recorded by you, has not been previously published, has not won a previous prize or award, that you own or otherwise control all of the rights to the entry and the entry submitted by you (including, without limitation, the rights in any photographs, sound recordings or clips included in the entry) and that the entry submitted by you does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, trademark, publicity and/or privacy. Please understand that submitting any material that is copyrighted by another individual, or otherwise subject to the rights of another individual, will make you responsible for any legal action the legal copyright holder might take against you. Likewise, you agree to indemnify Sponsor against any claims made by individuals pictured or heard in the submission that may contest Sponsor’s right to use the submission in accordance with the terms of these Official Rules.

License. By submitting an entry into the Promotion, you hereby grant Sponsor a worldwide, non-exclusive, transferable, sublicenseable, royalty-free, fully-paid up, perpetual, irrevocable right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), adapt (including, without limitation, the rights to edit, modify, translate, and reformat), create derivative works of and otherwise exploit (and have others exercise such rights on behalf of Sponsor) any and all of the materials that you submit as part of your entry in the Promotion in connection with the marketing, promotion, advertising and/or other operation of the Promotion, in any media now known or hereafter developed, without compensation or credit.

Prize: Sponsor will award two separate winner each: one (1) Zone of the Enders branded PS4 Controller, (Approximate retail value of prize: $39.99), a pair of Zone of the Enders themed socks (Approximate retail value of prize: $19.99), a Zone of the Enders lapel pin (Approximate retail value of prize: $9.99) The total retail value of all prizes awarded over the course of the Term will be $69.97. Odds of winning depends on the number of entries received during the Term.

Contest

Actual value may vary. Winners will be responsible for all other costs and taxes associated with winning the prize. The Sponsor may, at its sole discretion, choose to substitute any portion of the prize for something of equal or greater value. Further, the Sponsor reserves the right to expand or modify the prize. No prize transfer, assignment or substitution by the prize winner is permitted. If any prize or prize notification is returned as undeliverable, the prize will be considered forfeited and the Sponsor may select an alternate prize winner from all remaining eligible entries. The Promotion Entities will not be liable for unsuccessful efforts to notify any potential Prize winner.

Prize Notification: On the “Drawing Dates”, one (1) grand prize winner will be drawn from all eligible entries received. For those entries submitted, the potential winner(s) will receive a personal notification to their valid Twitter account between Aug 31^stand Sept. 2^nd, 2019, 12:00 pm PT. Winner(s) must respond and provide prize delivery information as well as a completed affidavit of eligibility including but not limited to: birthday, location, and legal name within three (3) business days of receiving notice. In case the potential winner(s)’s residence is in Canada (excluding Quebec), selected entrant must first correctly answer a time limited mathematical skill testing question without aid or assistance (mechanical or otherwise) and administered by mail or e-mail at Sponsor’s sole discretion. The answer must be provided in a completed affidavit of eligibility. If no response is received or a response is incomplete or invalid, Sponsor reserves the right to select at random an alternate winner or winners.

Publicity: Except where prohibited by law, by accepting a prize, a prize winner consents to the Promotion Entities’ use of your likeness, photograph, name, biographical information, Submission, or voice for advertising and publicity purposes in any and all media worldwide (including winners list) without additional compensation or notification. The name and city/state/country of residence of the prize winners may be utilized in communications and advertising, including being posted on the websites of the Promotion Entities.

Right to Modify: The Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. If the Sponsor, in its sole discretion, determines that the Promotion or any portion of the Promotion is impractical, fraudulent, void, unlawful or if there are any technical or administrative malfunctions, errors or other problems that affect the structure, terms or lawful administration of the Promotion, the Sponsor may terminate, cancel or otherwise modify the Promotion, in whole or in part.

Limitation of Liability: By participating, entrants and winners release the Promotion Entities, as well as all others associated with the development and execution of the Promotion (collectively, the “Released Parties”), from and against any and all liability with respect to or in any way arising from the Promotion and the prizes awarded in the Promotion. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to the Promotion website, or any winner selection methods.
Participants also agree (a) to be bound by these Official Rules; and (b) that the decisions of the Sponsor are final on all matters relating to the Promotion.
Before being declared a winner, each selected entrant may be required to sign an agreement and release confirming compliance with these Official Rules and acceptance of the prize as offered and (i) releasing the Released Parties from any and all liability for any loss, harm, damages, cost or expense arising out of participation in this Promotion, or participating in any prize-related activity or the acceptance, use or misuse of any prize, including without limitation costs injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising there from, and (ii) granting the Sponsor and its agencies the unrestricted rights, in their collective or individual discretion, to publish without any further compensation use of your name, hometown, likeness, submission, statements, or prize information for advertising and publicity purposes worldwide without limitation and without additional compensation, except where prohibited. The agreement and release must be returned within the time period specified thereon or the selected entrant will be disqualified and the Prize forfeited.
If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto. You further warrant that your actions do not violate your employer’s or company’s policies and procedures.

Governing Law & Dispute Resolution: The Promotion is governed by the laws of California, without regard to the conflicts of law provisions.

All disputes, claims or demands that relate to these Official Rules will first be brought to the attention of the other party. The receiving party will have sixty (60) days from the date of such notice to remedy the described breach or violation and notify the complaining party in writing of the resolution. If the dispute, claim or demand is not resolved to the satisfaction of the complainant within 60 days, the complainant may request an informal resolution conference (mediation), which if agreed to by the other party will be scheduled to occur within 21 days of the written response. Each party will have the right to be represented at such a conference by counsel and will ensure that a decision-maker with full and complete authority to resolve the dispute attends the conference. Such conference will be in front of a third party mediator chosen by the parties. If the parties do not agree to conference or are unable to resolve a dispute after such a conference, the parties agree that exclusive jurisdiction for any dispute, claim or demand related in any way to these Official Rules will be decided by binding arbitration. All disputes between the parties, of whatsoever kind or nature arising out of these Official Rules, will be submitted to JAMS for binding arbitration under its rules then in effect in the California area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.

Privacy: All information submitted in connection with the Promotion will be maintained in accordance with the Sponsor’s privacy policy, available at https://www.konami.com/privacy/en/

Winners List: A list identifying the winner(s) shall be available from the Sponsor by writing to the Sponsor at the address above and requesting a Winners List.

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