NEXON AMERICA, INC.
MABINOGI TWITTER CONTEST
OFFICIAL RULES
No purchase required to enter or win. A purchase will not increase your chances of winning.
1. Sponsor: The Mabinogi Twitter Contest (the “Promotion”) is sponsored by Nexon America, Inc., 3460 Wilshire Blvd., 7th Floor, Los Angeles, CA 90020 (“Sponsor”).
2. Eligibility: The Promotion is open only to legal residents of one of the fifty (50) United States (including DC) who are at least eighteen (18) years of age as of the start of the Promotion Period (defined below) or have reached the age of majority in their jurisdiction of residence, whichever is older. Employees, officers and directors of Nexon America, Inc., its affiliated companies, agents thereof, the immediate family of any such person (defined as parents, children, siblings and husband or wife), or those with whom such person(s) are domiciled, are not eligible to participate. The Promotion is void where prohibited.
3. Agreement to Official Rules: Participation in the Promotion constitutes the participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Promotion begins at July 3, 2013 at 12:00:00 pm Pacific Time and ends September 4, 2013 at 11:59:59 pm Pacific Time (the “Promotion Period”). Each week within the Promotion Period (beginning Monday at 12:00:00 am Pacific Time and ending Sunday at 11:59:59 pm Pacific Time, unless otherwise required by the dates within the Promotion Period ) will be a separate entry pool (each, the “Weekly Submission Period(s)”). Entries that are submitted before or after a given Weekly Submission Period will not be eligible. Sponsor’s computer will be the official timekeeping device for this Promotion.
5. How to Participate: To participate in the Promotion, entrants should follow the @MabiOfficial twitter handle. Following is necessary in order to send to and receive from Sponsor a private direct message (DM). During each Weekly Submission Period, Sponsor will tweet at least one question regarding the upcoming episode on the Saga update. For example, the question may be “what do you think comes next?” or “vote for your desired outcome by tweeting …” Entrants should RT the question and their response. Each response to the question shall be one (1) entry.
Limit: There is a limit of one (1) entry per person or Twitter account per question asked during a Weekly Submission Period. Multiple entries from the same Twitter account will not be accepted, or if accepted, may result in the later entries being disqualified and/or the entrant being disqualified completely (as determined by Sponsor in its sole discretion). Entrants may not use multiple email addresses to create multiple Twitter accounts to participate in the Promotion more than the allotted number of times. Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected entries, which will be disqualified/not counted (as applicable), or for any error, whether human, technical or otherwise. Sponsor reserves the right in its sole discretion to disqualify any entrant it finds to be tampering with the operation of the Promotion, such as using automated voting software, or to be acting in violation of these Official Rules. In the event of a dispute as to the identity of an entrant, the authorized account holder of the e-mail address used to submit the entry will be deemed to be the entrant. The “authorized account holder” is 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 addresses for the domain associated with the Twitter registration.
6. Winner Selection: After the Submission period has ended, Sponsor will collect all entries for each question asked during the Weekly Submission Period, and for each question will select one (1) winner.
7. Notification and Requirements of a Potential Winner: Each potential winner will be notified after the date of selection through a direct message from Sponsor. Potential prize winners may be required respond to the direct message with an e-mail address, telephone number, and other personal information in order to facilitate the confirmation and prize delivery process. Potential prize winners may also be required to sign and return to Sponsor, within ten (10) days of the date notice is sent, a confirmation of an Affidavit of Eligibility, Liability and Publicity Release ("Affidavit") (except where prohibited) in order to claim his/her prize. If a potential winner cannot be contacted, fails to respond to the notification within the required time period (if applicable), or fails to sign and return the Affidavit within the required time period (if applicable), he/she will be disqualified and will forfeit the applicable prize. If any potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate potential winner to be chosen based upon the winner selection criteria described in Section 6.
8. Prizes: Each prize winner will receive a special Mabinogi Fox hat. Approximate retail value: $100. Colors, sizes and styles to be determined by Sponsor in its sole discretion. Any prize details not specified above will be determined by the Sponsor in its sole discretion. No cash or other substitution is allowed except by the Sponsor who may substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value, as determined by the Sponsor in its sole discretion. The prize is not transferable or refundable and must be accepted as awarded. The winners are responsible for any and all other costs and expenses not listed above. Winners will be responsible for payment and reporting of all applicable taxes associated with the receipt and usage of a prize. Sponsor may report the receipt of any prize to the appropriate federal, state, or local taxing agency(ies). Please allow at least four (4) weeks for prize delivery.
9. Idea Ownership and Control: The nature of this Promotion is to generate responses from fans who are passionate about Mabinogi. These responses will necessarily entail some ideas regarding Mabinogi (storylines, plots, characters, developments, etc.). Entrants acknowledge that ideas can be similar in a variety of ways, and that Sponsor not only will receive a significant number of ideas that may be similar to any one response, but also that Sponsor is constantly developing ideas on its own, without reference to any response. Sponsor has no liability to any entrant, nor does any entrant have any liability to any other entrant, for any idea that may be similar to an idea contained within a response to a question in this Promotion. Entrants acknowledge and agree that there is no contract between the entrant and Sponsor, either express or implied, regarding use of the idea contained within the idea contained within a response. Moreover, by participating in the Promotion, entrants agree that as between the Sponsor and the entrant there is no obligation to keep any idea contained in the entrant’s response confidential.
10. Privacy and Publicity: Except as set forth herein, all information submitted by entrants in the Promotion will be treated according to the Sponsor’s Privacy Policy (http://nxetc.mabi.world/nx/legal/privacy-policy/). Except where prohibited, participation in the Promotion constitutes entrant’s consent to the Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and country and state or province of residence for promotional purposes in any media without further payment or consideration.
11. Indemnification: By entering, entrants agree to defend, indemnify and otherwise hold Sponsor, its parent and affiliated companies, and the agents, officers, directors, and employees of each (collectively the “Released Parties”) harmless from and against any and all liability of any nature whatsoever arising out of or relating to (a) any technical errors that may prevent entrants from participating in any way; (b) unauthorized human intervention in the Promotion; (c) errors in the administration of the Promotion; and (d) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use of any prize, including any such claim by the Released Parties’ employees or any third parties. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
12. Disputes: Except where prohibited, all entrants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Los Angeles County, California, United States of America. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, United States of America, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
13. General Conditions: In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules or (b) award the prizes from among the entries received up to the time of the impairment. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. The Promotion is void where prohibited.
14. Winners List: Sponsor will announce the winners via Twitter message as soon as they can be confirmed.
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