Ziff Davis International Ltd
GAME OF CHANCE PROMOTION
TERMS AND CONDITIONS FOR USA, UK AND AUSTRALIA
UNITED KINGDOM TERMS AND CONDITIONS
1. By participating in the IGN VIP registration (the "Promotion") promoted by Ziff Davis International Ltd. (the "Promoter"), you agree to these Official Terms & Conditions (the “Terms and Conditions”). When you enter the Promotion, these Terms and Conditions become a contract between you and the Promoter, so read them carefully before participating. This contract includes, without limitation, an indemnification by you of the released parties listed below and a limitation of your rights and remedies.
2. The promoter of the Promotion is Ziff Davis International Ltd., 18 Mansell Street, London, E1 8AA (the “Promoter”).
3. Entry is open to new registrations between 09.07.2021 - 09.08.2021 only and; users who are legally resident in the United Kingdom and are eighteen (18) years of age or over. Entrants who are eligible to enter the Promotion pursuant to these Terms and Conditions are referred to as “Eligible Entrants”.
4. All previous winners of any Promotion promoted by Promoter during the nine (9) month period prior to the Selection Date may not be eligible to enter. Any individuals (including, but not limited to, employees, consultants, independent contractors and interns) who have, within the past six (6) months, held employment with or performed services for Promoter or any organizations affiliated with the sponsorship, fulfilment, administration, prize support, advertisement or promotion of the Promotion (“Employees”) are not eligible to enter or win. Immediate Family Members and Household Members are also not eligible to enter or win. “Immediate Family Members” means parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses of an Employee. “Household Members” means those individuals who share the same residence with an Employee at least three (3) months a year.
5. The Promotion commences 09:00 (BST) on 09.07.2021 and closes at 11:59 (BST) on 09.08.2021 (the "Promotion Period”).
6. To enter the Promotion, entrants need to complete the IGN VIP Registration here:https://vip.ign.com/ign/join-ign-vip. Users found creating multiple entries will be disqualified. Users who have already registered for IGN VIP are not eligible.
Subsequent attempts made by the same individual to submit multiple entries by using multiple accounts or otherwise may result in disqualification of the entrant.
Entries submitted by any other means than as described above will not be accepted. Any illegible, incomplete or fraudulent entries will be rejected. Only one entry per person will be accepted. Use of script, macro or any automated system to enter the Promotion is prohibited and entries made (or which appear to have been made, in Promotor’s sole discretion) using any such system may be treated as void. All entries become the property of the Promoter. Participants must follow the directions provided by the Promoter and otherwise be bound by and follow these Terms and Conditions to be eligible to receive a Prize in connection with the Promotion. Participants may not take actions that are negligent, injurious or reckless in pursuit of any prize offered in connection with the Promotion. Participants who do not follow this rule or who otherwise participate in the Promotion in an unsportsmanlike manner will be disqualified from the Promotion. Participants alone are responsible for any injuries or other damages that are caused or incurred as a result of their behaviour.
7. The winning entries will be selected by random drawing or other randomised process on or around 10.08.2021 (the “Selection Date”) from all complete, eligible, properly submitted entries received by Promoter during the Promotion Period. The first entrant whose entry is drawn from the eligible entries shall win the Prize described below. There will be only 1 prize recipient for this Promotion in the UK. This is a game of chance and skill plays no part in determining the Prize Winner.
8. The Prize Winner will be notified by email on or around 11.08.2021. If a Prize Winner does not reply to the notification email acknowledging acceptance of the Prize within 1 business days, such Prize Winner may forfeit the Prize. In such instance, the Promoter reserves the right to award the Prize to another Eligible Entrant. The prize will be sent to the qualifying winner within a reasonable timeframe at the discretion of IGN UK. IGN also reserves the right to request additional information from the winner in order for them to verify their eligibility to enter.
9. The Prize Winner will be selected and contacted by Promoter in accordance with these Terms and Conditions. If any Prize Winner is determined to be ineligible to receive the Prize, Promoter may, in its sole and absolute discretion, not give away the goods or may give the goods to the next runner up. If you are selected as a Prize Winner, you will be required to privately (e.g., by email or other secure, private means) provide your name, address, age and other personal information necessary to receive the Prize. The name, contact number and address of the Prize Winners will be passed to a third party provider for delivery and possible further promotion. Except for Winner Information (defined below), Promoter may use your information for marketing purposes other than sending the Prize or providing you information on receiving the Prize. Promotions are subject to all applicable laws, rules or regulations and these Terms and Conditions.
10. There will be one total winner(s) (i.e., the “Prize Winner”) for the Promotion who will receive the following prize(s) (collectively, the “Prize”): Playstation 5 Bundle. The grand prize is valued at approximately £550
11. The Prize must be accepted by the Prize Winner as stated and cannot be transferred to another person, exchanged for other goods and services or redeemed as cash in whole or in part. Any element of a Prize which is not accepted will be forfeited, and no compensation will be paid in lieu of that element of the Prize. Should a Prize be unavailable at the time that the Promoter seeks to acquire the Prize for the Prize Winner, Promoter reserves the right, in its sole and absolute discretion, to substitute with an alternative of equal or greater value or to substitute a cash alternative for any Prize. The Promoter accepts no responsibility for any variation of the Prize or any aspect of the Prize due to circumstances outside its reasonable control. You agree that the Prize is awarded on an “as is” basis and that neither the Promoter nor any of its parents, subsidiaries or affiliated companies make any representations or warranties of any nature with respect to the Prize. Each Prize Winner in the Promotion is solely responsible for any and all applicable taxes (including income and withholding taxes on any Prize), regardless of whether the Prize, in whole or in part, is used. The actual retail value of any Prize is based on available information provided to Promoter and the value of any Prize awarded to a Prize Winner must be reported for tax purposes as required by law. Prizes may subject to the terms and conditions of a third party prize provider which will be made available by such third party; in such instance, any complaints or queries relating to the use of the Prize should be directed to such third party prize provider.
12. Except for any liability for death or personal injury caused by its negligence, fraud or any other liability that cannot be excluded by law, the Promoter and its parent companies, subsidiaries, affiliated companies, units and divisions, and the current and former officers, directors, employees, shareholders, agents, successors and assigns of each of the foregoing, and all those acting under the authority of the foregoing or any of them (including, but not limited to, advertising and promotional agencies and prize suppliers) (collectively, the "Released Parties") exclude all liability, claims, actions, injury, loss, damages, liabilities and obligations of any kind whatsoever (collectively, “Claims”), whether known or unknown, suspected or unsuspected, which entrants have ever had, now have, or hereafter can, shall or may have, against the Released Parties (or any of them), including, but not limited to, all Claims for personal injury, theft, unauthorised access or third party interference arising from or related to: (a) the Promotion; and (b) the receipt, ownership, use, transfer, sale or other disposition of the Prize, including, but not limited to, claims for personal injury, death, and/or property damages. Prize Winner shall be solely responsible for any tax liability incurred in connection with the Prize.
13. The Promoter is not responsible for any problem or technical malfunction of any website or communications network or any late, lost, incorrectly submitted, delayed, ineligible, incomplete, corrupted or misdirected entry whether due to error, transmission interruption or otherwise. The Promoter reserves the right to disqualify any entrant submitting an entry which, in the opinion of the Promoter, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language. The Promoter’s decision is final.
14. If, for any reason, the Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the reasonable control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Promotion. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries beyond its reasonable control. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Promotion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
15. The Prize Winner, by acceptance of the Prize, grants to Promoter and its parents, subsidiaries, affiliates, designees and assigns the right to publicize his or her name, address (city and country of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional and/or trade and/or any other purpose ("Winner Information") in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, except where prohibited by law. The Prize Winner agrees to participate in reasonable publicity activities surrounding the Promotion as requested by the Promoter.
16. These Terms and Conditions are governed by the laws of England and Wales. The courts located in London, England shall have exclusive jurisdiction to hear any dispute or claim arising in association with the Promotion or these Terms and Conditions.
17. Without limiting the foregoing, the personal information provided by entrants in connection with this Promotion will be handled in accordance with data protection legislation and in accordance with the Promoter’s privacy policy, which may be found here.
18. Although the Promotion may be featured on Twitter, Facebook and/or other social media platforms, the Promotion is in no way sponsored, endorsed, administered by, or association with Twitter, Facebook and/or such other social media platforms and you agree that Twitter, Facebook and all other social media platforms are not liable in any way for any claims, damages or losses associated with the Promotion.
19. A list of Promotion winners can be made available on request by writing after the selection date to the offices of the Promoter: Ziff Davis International Ltd., 18 Mansell Street, London, E1 8AA. A stamped addressed envelope must be included with the request.
BY ENTERING, YOU AGREE THAT YOU HAVE READ AND AGREE TO ALL OF THESE TERMS AND CONDITIONS.
USA TERMS AND CONDITIONS
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. IGN VIP Sweepstakes (the “Sweepstakes”) is governed by these official rules (the “Sweepstakes Rules”). The Sweepstakes begins on 03 March 2021 at 09:00 ET and ends on 03 April 2021 at 17:00 PT (the “Sweepstakes Period”).
SPONSOR: IGN Entertainment, with an address of 625 2nd Street, San Francisco Ca, 94107 (the “Sponsor”).
ELIGIBILITY: This Sweepstakes is open to individuals who are eighteen (18) years of age or older at the time of entry who are legal residents of the fifty (50) United States of America or the District of Columbia. By entering the Sweepstakes as described in these Sweepstakes Rules, entrants represent and warrant that they are complying with these Sweepstakes Rules (including, without limitation, all eligibility requirements), and that they agree to abide by and be bound by all the rules and terms and conditions stated herein and all decisions of Sponsor, which shall be final and binding.
All previous winners of any sweepstakes sponsored by Sponsor during the nine (9) month period prior to the Selection Date are not eligible to enter. Any individuals (including, but not limited to, employees, consultants, independent contractors and interns) who have, within the past six (6) months, held employment with or performed services for Sponsor or any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Sweepstakes (“Employees”) are not eligible to enter or win. Immediate Family Members and Household Members are also not eligible to enter or win. “Immediate Family Members” means parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses of an Employee. “Household Members” means those individuals who share the same residence with an Employee at least three (3) months a year.
HOW TO ENTER: To enter the Sweepstakes, go to https://vip.ign.com/ign/join-ign-vip and register your information on the introductory survey to enter the IGN VIP Program
Only contributions submitted during the Sweepstakes Period will be eligible for entry into the Sweepstakes. No other methods of entry will be accepted. All entries become the property of Sponsor and will not be returned. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Use of a false account will disqualify an entry. Sponsor is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems.
Entries are subject to any applicable restrictions or eligibility requirements listed herein. Entries will be deemed to have been made by the authorized account holder of the email or telephone phone number submitted at the time of entry and qualification. Multiple participants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the Authorized Account Holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigned e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable, the website administrator’s computer will be deemed the official time keeping device for the Sweepstakes promotion. Entries will be disqualified if found to be incomplete and/or if Sponsor determines, in its sole discretion, that multiple entries were submitted by the same entrant in violation of the Sweepstakes Rules.
WINNER SELECTION AND NOTIFICATION: Sponsor shall select the prize winner(s) (collectively, the “Winner”) on or about 04 April (“Selection Date”) by random drawing or other randomized process from among all eligible entries. The Winner will be notified via the email address provided in the registration. Notification of the Winner shall be deemed to have occurred immediately upon sending of the notification by Sponsor. Selected winner(s) will be required to respond (as directed) to the notification within 24 hours of attempted notification. The only entries that will be considered eligible entries are entries received by Sponsor within the Sweepstakes Period. The odds of winning depend on the number of eligible entries received. The Sponsor reserves the right, in its sole discretion, to choose an alternative winner in the event that that a possible winner has been disqualified or is deemed ineligible for any reason.
PRIZE: One (1) winner will receive the following prize(s) (collectively, the “Prize”):
- A Nintendo Switch console OR Five gaming titles on any platform. Current releases or preorders. These will be ordered on the winner's behalf and sent to their chosen address, valued at approximately five hundred dollars ($500.00). The total prize cost can not exceed six hundred dollars ($600.00)
- Every user that is 18+ and a USA resident and registers during the promotion period will also receive at $10 IGN Store Gift card to use toward any purchase. Full Voucher details are:
- $10 off any full-price order
- One time use
- One per customer (one per email address)
- Expires 12/31/2021
- Valid on full price items only
- Valid on orders $24 and up
- Shipping to US addresses only
No more than the stated number of prize(s) will be awarded, and all prize(s) listed above will be awarded. Actual retail value of the Prize may vary due to market conditions. The difference in value of the Prize as stated above and value at time of notification of the Winner, if any, will not be awarded. No cash or prize substitution is permitted, except at the discretion of Sponsor. The Prize is non-transferrable. If the Prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute Prize of equal or greater retail value will be awarded; provided, however, that if a Prize is awarded but remains unclaimed or is forfeited by the Winner, the Prize may not be re-awarded, in Sponsor’s sole discretion. In the event that more than the stated number of prize(s) becomes available for any reason, Sponsor reserves the right to award only the stated number of prize(s) by a random drawing among all legitimate, un-awarded, eligible prize claims.
ACCEPTANCE AND DELIVERY OF THE PRIZE: The Winner will be required to verify his or her address and may be required to execute the following document(s) before a notary public and return them within 72 hours (3) days (or a shorter time if required by exigencies) of receipt of such documents: an affidavit of eligibility, a liability release, and (where imposing such condition is legal) a publicity release covering eligibility, liability, advertising, publicity and media appearance issues (collectively, the “Prize Claim Documents”). If an entrant is unable to verify the information submitted with their entry, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Prize will not be awarded until all such properly executed and notarized Prize Claim Documents are returned to Sponsor. Prize(s) won by an eligible entrant who is a minor in his or her state of residence will be awarded to minor’s parent or legal guardian, who must sign and return all required Prize Claim Documents. In the event the Prize Claim Documents are not returned within the specified period, an alternate Winner may be selected by Sponsor for such Prize. The Prize will be shipped to the Winner within 6 weeks of Sponsor’s receipt of a signed Affidavit and Release from the Winner. The Winner is responsible for all taxes and fees related to the Prize received, if any.
OTHER RULES: THIS SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE LAWS AND IS VOID WHERE PROHIBITED. ALL SUBMISSIONS BY ENTRANTS IN CONNECTION WITH THE SWEEPSTAKES BECOME THE SOLE PROPERTY OF THE SPONSOR AND WILL NOT BE ACKNOWLEDGED OR RETURNED. WINNER ASSUMES ALL LIABILITY FOR ANY INJURIES OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THIS SWEEPSTAKES OR BY THE USE OR MISUSE OF ANY PRIZE.
BY ENTERING THE SWEEPSTAKES, EACH WINNER GRANTS THE SPONSOR PERMISSION TO USE HIS OR HER NAME, CITY, STATE/PROVINCE, E-MAIL ADDRESS AND, TO THE EXTENT SUBMITTED AS PART OF THE SWEEPSTAKES ENTRY, HIS OR HER PHOTOGRAPH, VOICE, AND/OR LIKENESS FOR ADVERTISING, PUBLICITY OR OTHER PURPOSES OR ON A WINNER’S LIST, IF APPLICABLE, IN ANY AND ALL MEDIA WHETHER NOW KNOWN OR HEREINAFTER DEVELOPED, WORLDWIDE, WITHOUT ADDITIONAL CONSENT OR COMPENSATION, EXCEPT WHERE PROHIBITED BY LAW. By submitting an entry, entrants also grant the Sponsor a perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, perform and otherwise use and permit others to use, and throughout the world, their entry materials in any manner, form, or format now known or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of the Sweepstakes, the Sponsor and/or its products and services, without further consent from or compensation to the entrant. By entering the Sweepstakes, entrants consent to receive notification of future promotions, advertisements or solicitations by or from Sponsor and/or Sponsor’s parent companies, affiliates, subsidiaries and business partners, via email or other means of communication.
If, in the Sponsor’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Sweepstakes, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Sweepstakes, the Sponsor reserves the right to void suspect entries and/or terminate the Sweepstakes and award the Prize in its sole discretion. Any attempt to deliberately damage the Sponsor’s website(s) or undermine the legitimate operation of the Sweepstakes may be in violation of U.S. criminal and civil laws and will result in disqualification from participation in the Sweepstakes. Should such an attempt be made, the Sponsor reserves the right to seek remedies and damages (including attorney’s fees) to the fullest extent of the law, including pursuing criminal prosecution.
DISCLAIMER: EXCLUDING ONLY APPLICABLE MANUFACTURERS’ WARRANTIES, THE PRIZE IS PROVIDED TO THE WINNER ON AN “AS IS” BASIS, WITHOUT FURTHER WARRANTY OF ANY KIND. SPONSOR HEREBY DISCLAIMS ALL FURTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRIZE.
LIMITATION OF LIABILITY: BY ENTERING THE SWEEPSTAKES, ENTRANTS, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND REPRESENTATIVES, RELEASE AND HOLD THE SPONSOR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, UNITS AND DIVISIONS, AND THE CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, AND ALL THOSE ACTING UNDER THE AUTHORITY FO THE FOREGOING, OR ANY OF THEM (INCLUDING, BUT NOT LIMITED TO, ADVERTISING AND PROMOTIONAL AGENCIES AND PRIZE SUPPLIERS) (EACH A “RELEASED PARTY”), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS, DAMAGES, LIABILTIES AND OBLIGATIONS OF ANY KIND WHATSOEVER (COLLECTIVELY, THE “CLAIMS”) WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH ENTRANT EVER HAD, NOW HAVE, OR HEREAFTER CAN, SHALL OR MAY HAVE, AGAINST THE RELEASED PARTIES (OR ANY OF THEM), INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO THE SWEEPSTAKES OR ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, COMMERCIAL APPROPRIATION OF NAME AND LIKENESS, INFRINGEMENT OF COPYRIGHT OR VIOLATION OF ANY OTHER PERSONAL OR PROPRIETARY RIGHT), AND THE RECEIPT, OWNERSHIP, USE, MISUSE, TRANSFER, SALE OR OTHER DISPOSITION OF THE PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE). All matters relating to the interpretation and application of these Sweepstakes Rules shall be decided by Sponsor in its sole discretion.
DISPUTES: If, for any reason (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes), the Sweepstakes is not capable of being conducted as described in these Sweepstakes Rules, Sponsor shall have the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Sweepstakes. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, or failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to any entrant’s or any other person’s computer related to or resulting from participating or downloading any materials in this Sweepstakes. Because of the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Sweepstakes Rules or otherwise governing the Sweepstakes, and any such changes will be posted here in the Sweepstakes Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Sweepstakes Rules shall not constitute a waiver of any provision.
As a condition of participating in the Sweepstakes, entrant agrees that any and all disputes that cannot be resolved between entrant and Sponsor, and causes of action arising out of or connected with the Sweepstakes or these Sweepstakes Rules, shall be resolved individually, without resort to any form of class action, exclusively before a court of competent jurisdiction located in San Francisco, California, and entrant irrevocably consents to the jurisdiction of the federal and state courts located in San Francisco, California with respect to any such dispute, cause of action, or other matter. All disputes will be governed and controlled by the laws of the State of California (without regard for its conflicts-of-laws principles). Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby irrevocably waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs incurred directly in connection with entrant’s participation in the Sweepstakes), and entrant further irrevocably waives all rights to have damages multiplied or increased, if any. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY. All federal, state, and local laws and regulations apply.
PRIVACY: Information collected from entrants in connection with the Sweepstakes is subject to Sponsor’s privacy policy, which may be found here. You understand that when you register on the Twitter website or submit information to or via Twitter, such submissions are also subject to Twitter’s privacy policy.
SOCIAL MEDIA PROMOTION: Although the Sweepstakes may be featured on Twitter, Facebook and/or other social media platforms, the Sweepstakes is in no way sponsored, endorsed, administered by, or association with Twitter, Facebook and/or such other social media platforms and you agree that Twitter, Facebook and all other social media platforms are not liable in any way for any claims, damages or losses associated with the Sweepstakes.
WINNER(S) LIST: For a list of name(s) of prize winner(s), after the Selection Date, please send a stamped, self-addressed No. 10/standard business envelope to Ziff Davis, LLC, Attn: Legal Department, 28 East 28th Street, 11th floor New York, NY 10016 (VT residents may omit return postage).
BY ENTERING, YOU AGREE THAT YOU HAVE READ AND AGREE TO ALL OF THESE SWEEPSTAKES RULES.
BY ENTERING, YOU AGREE THAT YOU HAVE READ AND AGREE TO ALL OF THESE SWEEPSTAKES RULES.
AUSTRALIA TERMS AND CONDITIONS
Ziff Davis Australia Pty Ltd.
GAME OF CHANCE COMPETITION
TERMS AND CONDITIONS
1. By participating in the IGN VIP registration (the "Competition") promoted by Ziff Davis Australia Pty Ltd (the "Promoter"), you agree to these Official Terms and Conditions (the “Terms and Conditions”). When you enter the Competition, these Terms and Conditions become a contract between you and the Promoter, so read them carefully before participating. This contract includes, without limitation, an indemnification by you of the released parties listed below and a limitation of your rights and remedies.
2. The Promoter’s address is Suite 9.02 / 100 William Street, Woolloomooloo, NSW 2011.
3. Entry is open to users who are legally resident in Australia and are eighteen (18) years of age or over. Entrants who are eligible to enter the Competition pursuant to these Terms and Conditions are referred to as “Eligible Entrants.”
4. All previous winners of any Competition promoted by Promoter during the nine (9) month period prior to the Draw Date are not eligible to enter. Any individuals (including, but not limited to, employees, consultants, independent contractors and interns) who have, within the past six (6) months, held employment with or performed services for the Promoter or any organizations affiliated with the sponsorship, fulfilment, administration, prize support, advertisement or promotion of the Competition (“Employees”) are not eligible to enter or win. Immediate Family Members and Household Members are also not eligible to enter or win. “Immediate Family Members” means parents, step-parents, legal guardians, children, step-children, siblings, step-siblings or spouses of an Employee. “Household Members” means those individuals who share the same residence with an Employee at least three (3) months a year.
5. The Competition commences at 09:00am AEDT on 08.03.2021 and closes at 11:59pm AEST ON 19.04.2021 (the “Competition Period”). There will be one (1) winner for the Competition (collectively, the “Prize Winner”).
6. To enter the Sweepstakes, go to https://vip.ign.com/ign/join-ign-vip and register your information on the introductory survey to enter the IGN VIP Program.
7. Entries submitted by any other means other than as specified in these Terms and Conditions will not be accepted. Any illegible, incomplete or fraudulent entries will be rejected. Use of script, macro or any automated system to enter the Competition is prohibited and entries made (or which appear to have been made, in Promoter’s sole discretion) using any such system may be treated as void. All entries become the property of the Promoter. Participants must follow the directions provided by the Promoter and otherwise be bound by and follow these Terms and Conditions to be eligible to receive a Prize in connection with the Competition. Participants may not take actions that are negligent, injurious or reckless in pursuit of any prize offered in connection with the Competition. Participants who do not follow this rule will be disqualified from the Competition. Participants alone are responsible for any injuries or other damages that are caused or incurred as a result of their behaviour.
8. The Prize draw will take place at the offices of the Promoter on or around 20.04.2021 (the “Draw Date”). Winners will be selected by random number generation.
9. The Prize Winner will be notified by email, shortly after the draw date within a reasonable time. A redraw may take place with three (3) days from the date of notification if the prize has not been claimed by the Prize Winner and an alternative Prize Winner will be drawn. The alternative Prize Winner has three (3) days from the day of notification in which to claim their prize or another alternative Prize Winner may be drawn.
10. The Prize Winner will be selected and contacted by Promoter in accordance with these Terms and Conditions. If any Prize Winner is determined to be ineligible to receive the Prize, the Promoter may, in its sole and absolute discretion, give away the Prize to another person. If you are selected as a Prize Winner, you will be required to privately (e.g., by email or other secure, private means) provide your name, address, age and other personal information necessary to receive the Prize. The name, contact number and address of the Prize Winner will be passed to a third party provider for the purpose of delivery of the Prize. Competitions are subject to all applicable laws, rules or regulations and these Terms and Conditions.
11. There will be 1 total winner (i.e., the “Prize Winner”) for the Competition who will each receive the choice of the following prize (collectively, the “Prize”):
- One (1) x PlayStation 5 Console OR One (1) x Xbox Series X Console. It will be ordered on the winner's behalf and sent to their chosen address, valued at approximately seven hundred and forty-nine dollars ($749.00 AUD).
12. The Prize must be accepted by the Prize Winner as stated and cannot be transferred to another person, exchanged for other goods and services or redeemed as cash in whole or in part. Any element of a Prize which is not accepted will be forfeited, and no compensation will be paid in lieu of that element of the Prize. Should a Prize be unavailable at the time that the Promoter seeks to acquire the Prize for the Prize Winner, Promoter reserves the right, in its sole and absolute discretion, to substitute with an alternative of equal or greater value or to substitute a cash alternative for any Prize. The Promoter accepts no responsibility for any variation of the Prize or any aspect of the Prize due to circumstances outside its reasonable control. In any such event, an alternative Prize or element of the Prize will be arranged. You agree that the Prize is awarded on an “as is” basis and that neither the Promoter nor any of its parents, subsidiaries or affiliated companies make any representations or warranties of any nature with respect to the Prize. Each Prize Winner in the Competition is solely responsible for any and all applicable taxes (including income and withholding taxes on any Prize), regardless of whether the Prize, in whole or in part, is used. The actual retail value of any Prize is based on available information provided to Promoter and the value of any Prize awarded to the Prize Winner must be reported for tax purposes as required by law. Prizes may subject to the terms and conditions of a third party prize provider which will be made available by such third party; in such instance, any complaints or queries relating to the use of the Prize should be directed to such third party prize provider.
13. As a condition of accepting a Prize, the Prize Winner, and any other person(s) sharing the Prize with the Prize Winner, may be required to sign legal documentation as and in the form required by the Promoter including but not limited to a further agreement to exclude liability of the Promoter for certain loss, damage or injury arising from the use or participation in a Prize to the extent the Prize is or includes a recreational service or activity.
14. Except for any liability for death or personal injury caused by its negligence, fraud or any other liability that cannot be excluded by law, the Promoter and its parent companies, subsidiaries, affiliated companies, units and divisions, and the current and former officers, directors, employees, shareholders, agents, successors and assigns of each of the foregoing, and all those acting under the authority of the foregoing or any of them (including, but not limited to, advertising and promotional agencies and prize suppliers) (collectively, the "Released Parties") exclude all liability, claims, actions, injury, loss, damages, liabilities and obligations of any kind whatsoever (collectively, “Claims”), whether known or unknown, suspected or unsuspected, which entrants have ever had, now have, or hereafter can, shall or may have, against the Released Parties (or any of them), including, but not limited to, all Claims for personal injury, theft, unauthorised access or third party interference arising from or related to: (a) the Competition; and (b) the receipt, ownership, use, transfer, sale or other disposition of the Prize, including, but not limited to, claims for personal injury, death, and/or property damages.
15. Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under any law (including the Australian Consumer Law (“ACL”), and consumer guarantees relating to goods or services under the ACL) which may not be excluded, restricted or modified by agreement (“Your Consumer Rights”). Subject to Your Consumer Rights, the Promoter is not liable for any loss or damage however caused (including by negligence), suffered or incurred in connection with the Promotion or the prize. Any condition or warranty which would be implied by law into these terms and conditions is excluded.
16. The Promoter is not responsible for any problem or technical malfunction of any website or communications network or any late, lost, incorrectly submitted, delayed, ineligible, incomplete, corrupted or misdirected entry whether due to error, transmission interruption or otherwise. The Promoter reserves the right to disqualify any entrant submitting an entry which, in the opinion of the Promoter, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language. The Promoter’s decision is final.
17. If, for any reason, the Competition is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the reasonable control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Competition. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries beyond its reasonable control. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Competition. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
18. The Prize Winner, by acceptance of the Prize, grants to Promoter and its parents, subsidiaries, affiliates, designees and assigns the right to publicize his or her name, address (city and country of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional and/or trade and/or any other purpose ("Winner Information") in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, except where prohibited by law. The Prize Winner agrees to participate in reasonable publicity activities surrounding the Competition as requested by the Promoter. By acceptance of the Prize, the Prize Winner also grants the Promoter and its parents, subsidiaries, licensees, successor and assigns, a perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, perform and otherwise use and permit others to use, and throughout the world, their entry materials in any manner, form, or format now known or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of the Competition, the Promoter and/or its products and services, without further consent from or compensation to the Prize Winner. By entering the Competition, entrants consent to receive notification of future promotions, advertisements or solicitations including without limitation IGN Deals by or from Sponsor and/or Sponsor’s parent companies, affiliates, subsidiaries and business partners, via email or other means of communication.
19. These terms and conditions are governed by the laws of New South Wales, Australia. The courts of New South Wales, Australia shall have exclusive jurisdiction to hear any dispute or claim arising in association with the Competition or these terms and conditions.
20. Without limiting the foregoing, personal information provided by entrants in connection with this Competition will be handled in accordance with data protection legislation and in accordance with the Promoter’s privacy policy, which may be found here. Entrants should direct any request to access, update or correct information to the Promoter.
21. Although the Competition may be featured on Twitter, Facebook and/or other social media platforms, the Competition is in no way sponsored, endorsed, administered by, or association with Twitter, Facebook and/or such other social media platforms and you agree that you release Twitter, Facebook and all other social media platforms from any claims, damages or losses associated with the Competition.
22. A list of Competition winners can be made available on request by writing after the Draw Date to the offices of the Promoter: Ziff Davis Australia Pty Ltd, Suite 9.02 / 100 William Street, Woolloomooloo, NSW 2011. A stamped addressed envelope must be included with the request. Any complaints or queries relating to the Competition should be directed to the Promoter by email at rsvp_au@ziffdavis.com.