Konami 50th Anniversary: Castlevania Collection & Arcade Collection Sweepstakes
05.16.2019 09:30
Konami Digital Entertainment, Inc. & LucidSound 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 Konami 50th Anniversary: Castlevania Collection & Arcade Collection Sweepstakes (the “Promotion”). Entrants will only be accepted during the Term (defined below) of the Promotion.
Individuals who follow the @Konami Twitter account and the @LucidSoundAudio Twitter account and Retweet the entry post and tell us “your fondest memories of these games” using the #KonamiRetro hashtag including the @Konami @LucidSoundAudio between May 16th, 2019 and May 23rd, 2019 will automatically be entered into a random draw for a single:, Nintendo Switch retail package, a digital code for Castlevania Anniversary Collection and a single code for Arcade Classics Anniversary Collection on the Nintendo Switch and a LucidSound LS Series Headset (the “Prize Pack”).
ENTRY COPY: Konami’s 50th Anniversary is rolling along w/ the #Castlevania Collection out now! RT this Tweet & #KonamiRetro + your fondest retro gaming memories. Follow both @Konami & @LucidSoundAudio. We will randomly choose ONE winner from the US, UK or Canada* RULES: “LINK”
Eligibility: To be eligible to participate in the Promotion, you must be (i) a resident of the 50 United States, the United Kingdom as allowed by local law, the District of Columbia or Canada (excluding Quebec) 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 and Co-Sponsor (defined below), its affiliates, subsidiaries, agents, advertising and promotion agencies (collectively, the “Promotion Entities”), as well as immediate family (spouse, parents, siblings, and children) and household members of such employees 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”) and LucidSound 701 Palomar Airport Rd. Suite 230 Carlsbad, CA 92011 (“Co-Sponsor”)
Promotion Term: The Promotion will begin May 16, 2019 at 9:30 a.m. Pacific Time (“PT”) and end May 23, 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 May 24th and 25th, 2019 (the “Drawing Dates”).
How to Enter: An individual must follow the @Konami Twitter & @LucidSoundAudio Twitter accounts and Retweet (“RT”) the specified tweets with posts on how he/she has retro memories and #KonamiRetro hashtag during the Term. Konami reserves the right to disqualify content with vulgar or inappropriate content, bots, automated account and corporate or commercial entities.
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.
If you do not make your Tweets public, Sponsor will not receive your entry. Tweets should include both @Konami and #KonamiRetro”. 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.
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.
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 one (1) Grand Prize package including: Nintendo Switch Retail Package (Approximate retail value of prize: $299.99), a digital copy of Castlevania Anniversary Collection on the Nintendo Switch (Approximate retail value of prize: $19.99), a LucidSound LS Series Headset (Approximate retail value of prize: $149.99), and a digital copy of Arcade Classics Anniversary Collection on the Nintendo Switch (Approximate retail value of prize: $19.99).The total approximate retail value of the grand prize will be $489.96. Odds of winning depends on the number of entries received.
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 or about the Drawing Dates, Sponsor will randomly select one (1) potential winner from all eligible entries received. The potential winner will be chosen using https://competitionagency.com/tweetdraw or equivalent software.
The potential winner will receive a personal notification to the valid Twitter Account. The winner must respond and provide prize delivery information as well as a completed and signed affidavit of eligibility and liability/publicity release and submit certain personal information, including but not limited to birthday, location, and legal name within three (3) business days of receiving notice. If no response is received or a response is incomplete, Sponsor reserves the right to disqualify the individual selected and select at random an alternate winner following the same process.
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: 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 in its sole discretion.
Limitation of Liability: By participating in the Promotion, you agree to release, indemnify, and hold harmless Sponsor and its related companies, and each such company’s respective officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of or related to, directly or indirectly, in whole or in part, your participation in the Promotion or receipt, use, or misuse of any prize, including, but not limited to: (a) claims arising from any breach or alleged breach by you of these Official Rules; (b) claims arising from unauthorized human intervention in the Promotion; (c) claims arising from technical or printing errors; (d) claims arising from lost, late, postage-due, misdirected, or undeliverable mail or email; (e) claims arising from errors in the administration of the Promotion or the processing of entries; (f) claims arising from injury, death, or damage to persons or property; or (g) claims based on defamation, infringement of intellectual property rights, or on the rights of publicity or privacy. You further agree that in any cause of action, the Released Parties’ liability will be limited to the actual out-of-pocket costs associated with participating in the Promotion, and in no event shall the Released Parties be liable for attorneys’ fees. YOU WAIVE ANY RIGHTS OR CLAIMS TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, 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.”
Governing Law & Dispute Resolution: To the extent permitted by applicable law, by entering the Promotion, you agree that any and all disputes, claims, and causes of action arising out of the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in Los Angeles, CA. All issues and questions concerning these Official Rules, your rights and obligations, or Sponsor’s rights and obligations shall be governed by the laws of the State of California, without giving effect to any choice of law or conflict of law rules.
General Conditions: Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Promotion or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to undermine the operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. In the event of a dispute as to any entry, the authorized account holder of the email account used to enter will be deemed to be the entrant. A potential winner may be required to show proof of being the authorized account holder. In the event that an entry is confirmed to have been erroneously deleted, lost, or destroyed, entrant’s sole remedy shall be another entry into the Promotion. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
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.
Privacy: All information submitted in connection with the Promotion will be maintained in accordance with the Sponsor’s privacy policy, available at https://legal.konami.com/knm/privacy/en-eu/
Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.