ESCAPISTMAGAZINE.COM ZERO PUNCTUATION'S HATALL CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE THE AGE OF MAJORITY OR OLDER IN YOUR STATE, PROVINCE OR TERRITORY TO ENTER. INTERNET ACCESS IS REQUIRED TO ENTER. CONTEST IS OFFERED ONLY IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA, UNITED KINGDOM, CANADA (EXCLUDING QUÉBEC), AUSTRALIA (EXCLUDING NEW SOUTH WALES AND WESTERN AUSTRALIA) AND NEW ZEALAND. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
SPONSOR: Defy Media, LLC, whose contact details are 498 Seventh Avenue, 19th Floor, New York, NY, 10018, United States. Phone: +1 212 244 4307 ("Sponsor").
1. CONTEST. The objective is for participants to enter for a random chance to win the following prizes (with a total approximate retail value ("ARV") of $3380.00 USD: one (1) MAINGEAR Escapist Branded Desktop Computer worth a total of three thousand US dollars; one (1) Turtle Beach i60 Wireless Gaming Headset worth a total of three hundred US dollars; and one (1) Turtle Beach Ear Force Recon 320 Headset worth a total of eighty US dollars.
3. HOW TO ENTER. To enter, visit http://www.escapistmagazine.com/contests/register/hatfallgiveaway and through the on-screen instructions, login to the Escapist website, wherein you will be asked to provide information including your user name, email address, password, and date of birth. Entries will be accepted between 12:00 p.m. Eastern Standard Time ("ET") on July 8th, 2015 and 11:59 p.m. ET on July 15th, 2015 (the "Contest Period"). No other methods of entry will be accepted. Sponsor has the sole discretion to determine the valid and official entry time should any discrepancies of time occur. Each entrant must submit their shipping information in full and pass the age of majority age gate (by submitting true and accurate information). No other methods of entry will be accepted. You may enter the Contest under one name and one email address only. Limit one (1) entry per person and per email address. Enter using only an email address subscribed and registered in your name. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Obtaining multiple entries by opening or using multiple different email addresses or Escapist accounts is also prohibited and will result in disqualification of all that individual's entries. All entries become the property of Sponsor.
4. ENTRY CONDITIONS. By entering, you agree to be bound by these Official Rules and to accept as final and binding the decisions of the Sponsor and its agents in all matters relating to this Contest. Sponsor will use each winner's, and each entrant's, personal details for the purpose of administering this Contest. If you have opted in, the Sponsor (and its business partners if applicable) may also use the details you give us to contact you for marketing purposes by post, email and/or SMS. Please note that your data may be transferred and/or processed outside the EEA.
5. ACCEPTANCE AND CONSIDERATION OF SUBMISSION: Entries will be reviewed by members of the Escapist Magazine Team (the "Escapist"). The winners of the Contest will be selected based on answering the provided question with the correct answer.
6. DRAWING AND SELECTION OF WINNERS. The potential winners of the Contest will be randomly selected based on the image or video provided.
The random drawing will be conducted on or about July 16th, 2015 by Sponsor or its designated representatives, whose decisions regarding all aspects of Contest are final. The odds of winning depend on the number of eligible entries received. The potential winners will be notified by PM on escapistmagazine.com via the account that was used to enter the context, within 15 days of the drawing. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify potential winners. The potential winners will be required to sign and return an Affidavit/Declaration of Eligibility and a Liabilities/Publicity Release Form (except in the United Kingdom and where otherwise prohibited by law) within 10 days of notification or attempted notification. Before being declared a winner, a potential winner must correctly answer, without assistance of any kind, whether mechanical or otherwise, an identification verification question to be administered by Sponsor or its designated agent by email or mail (at Sponsor's discretion) within the time specified by Sponsor. Potential winners who are Canadian residents must correct answer a timed skill testing question in order to be declared a winner. In the event that a potential Winner cannot successfully complete the identification verification question within the time specified by the Sponsor, then this will result in the disqualification of the potential winner and an alternate winner will be selected. By accepting and/or using prize, winners consent to the use of his/her name, voice and/or likeness for the purpose of advertising, trade, or Contest without further compensation, unless prohibited by law and upon request will provide such consent in writing. If a selected winner cannot be contacted, is ineligible, fails to claim the prize (by way of email or telephone) within 3 months from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, prize may be forfeited and an alternate winner selected. After three (3) attempts, if no winner is chosen, Sponsor will claim all remaining prizes to the extent permitted by law.
THE RECEIPT BY WINNERS OF THE PRIZE OFFERED IN THIS CONTEST IS CONDITIONED UPON COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE CONTEST AND IN SUCH CIRCUMSTANCES ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. SPONSOR'S DECISIONS SHALL BE FINAL AND NO CORRESPONDENCE WILL BE ENTERED INTO.
7. IDENTITY DISPUTES. In the event of a dispute about the identity of the entrant, entries made online will be declared as made by the authorized account holder of the email address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry.
8. PRIZES. The prize value indicated is an approximate retail value ("ARV"). The following prize will be awarded:
One (1) Grand Prize winner will receive:
• one (1) MAINGEAR Escapist Branded Desktop Computer (ARV $3,000.00); and
• one (1) Turtle Beach i60 Wireless Gaming Headset (ARV $299.99).
Two (2) Secondary Prize winners will receive:
• one (1) Turtle Beach Ear Froce Recon 320 Wireless Gaming Headset (ARV $79.99).
The winner may make no substitutions or transfer of the prize. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is nontransferable. Any and all expenses related to the winner's acceptance, possession or use of the prizes, including without limitation any and all applicable taxes and duties shall be the sole responsibility of the winner. Sponsor reserves the right to substitute, at its sole discretion, a prize (or component of a prize) of equal or greater value due to unavailability of a prize (or component of a prize) for any reason.
9. MATERIALS/RIGHTS TO SUBMISSIONS. Each entrant agrees and acknowledges that all right, title and interest in and to the entry, and any materials or information supplied by entrant to Sponsor in relation to the Contest (collectively the "Materials"), including without limitation any and all intellectual property rights therein, are irrevocably assigned to Sponsor and entrant retains no rights whatsoever therein, except where prohibited by law, in which case entrant grants to Sponsor a non-exclusive, worldwide, perpetual right to use the Materials. Sponsor shall have the right to edit, adapt, distort, destroy and modify the Materials as it deems appropriate for any use as determined by Sponsor in its sole discretion, including but not limited to the right to reproduce, copy, publish, promote, advertise, communicate, exhibit, transmitting and otherwise exploit the Materials in any way, in any media throughout the world now known or herein after devised, without any compensation to the entrant or liability to the entrant for any failure to attribute the entrant as the author of the Materials or the misattribution of any other person as the author of the Materials. Entrant further understands and agrees that the "look and feel" of their entry may vary from the original Materials due to any such adaptations and modifications as set forth above. Entrant agrees to do all things and execute all documentation necessary to effect the assignment and/or waiver (including moral rights consents) herein described. The entrant acknowledges that Sponsor or its assigns may commercially exploit the materials without liability or additional consideration of any kind to the entrants. By entering this Contest, each entrant represents and warrants that (i) he/she is the person that submitted their entry, (ii) he/she is legally able to enter into this Contest and does not live in a jurisdiction that prohibits this Contest, and (iii) agrees to indemnify and hold Sponsor, and their respective parents, subsidiaries, and affiliates and their employees, officers, directors, shareholders, agents, and representatives, harmless from and against any and all losses, damages, rights, claims and actions of any kind arising out of any breach by entrant of the representations and warranties set forth in subsection (i) and (ii) above. The entry becomes the property of The Sponsor and will not be returned.]
10. GENERAL CONDITIONS. By entering, each participant agrees (a) to be bound by these Official Rules and the decisions of Sponsor, which shall be final, and (b) to the extent permitted by law, that Sponsor, agents and representatives of Sponsor, its parent companies, affiliates, subsidiaries, officers, directors, employees, legal advisors and advertising, promotion, fulfillment agencies are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible, postage-due entries, mail, or e-mail; (ii) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond the control of the Sponsor that may cause the Contest to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy; or (vi) any printing or typographical errors in any materials associated with the Contest. Sponsor reserves the right, in its sole discretion, to modify, suspend, or cancel the Contest at any time if the Contest is not capable of running as planned including if a computer virus, bug, or other technical problem corrupts the administration, security, or proper play of the Contest. Sponsor reserves the right at its sole discretion to disqualify any individual or entity it finds to be attempting to defraud or in any way tamper with the Contest or who fails to agree to or comply with these Official Rules.
11. GENERAL RELEASE. There are certain things for which Sponsor does not accept any liability to you, and these are explained in this paragraph. In the United Kingdom, the law does not allow Sponsor to exclude or limit its liability for some things, such as death or personal injury caused by its negligence, or loss caused by a false statement where the statement is made fraudulently, and in the United Kingdom, Sponsor accepts full liability for these matters. Otherwise, the exclusions of liability described in the rest of this paragraph will apply. BY ENTERING THIS CONTEST, ENTRANTS AGREE THAT SPONSOR, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES AND ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS, SHALL NOT BE LIABLE FOR PERSONAL INJURIES, DEATH, DAMAGES, EXPENSES OR COSTS OR LOSSES OF ANY KIND RESULTING FROM PARTICIPATION OR INABILITY TO PARTICIPATE IN THIS CONTEST OR ACCEPTANCE OF OR USE OR INABILITY TO USE A PRIZE OR PARTS THEREOF INCLUDING, WITHOUT LIMITATION, CLAIMS, SUITS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (WHETHER INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY. WINNERS RELEASE THE SPONSOR AND ITS AFFILIATES, SUBSIDIARIES AND ADVERTISING AND PROMOTION AGENCIES, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS FROM ANY AND ALL LIABILITY AND RESPONSIBILITY WITH RESPECT TO A PRIZE (INCLUDING ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY OR DEATH). WINNERS ACKNOWLEDGE THAT SPONSOR AND ITS AFFILIATES, SUBSIDIARIES AND ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS, HAS NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATED TO A PRIZE (OR A PART THEREOF), INCLUDING WITHOUT LIMITATION AND TO THE EXTENT PERMITTED BY LAW, IN RESPECT OF QUALITY, MERCHANTABILITY OR FITNESS FOR PURPOSE.
12. USE OF PARTICIPANT, ENTRANT & WINNER NAME AND LIKENESS. Except where legally prohibited, by participating in the Contest, all participants, entrants and winners grants permission for Sponsor and those acting under their authority to use his/her name, alias, photograph, voice and/or likeness, for advertising and/or publicity purposes without consent or additional compensation.
13. WINNER RESPONSIBILITY. ALL APPLICABLE TAXES, LICENSES, TITLE AND/OR REGISTRATION FEES OR OTHERS COSTS, ASSOCIATED WITH WINNING THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. THE SPONSOR AND ITS AFFILIATES, SUBSIDIARIES AND ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS, SHALL NOT BE RESPONSIBLE FOR ANY SUCH TAXES, FEES AND COSTS.
14. MISCELLANEOUS. The Contest and these Official Rules will be governed, construed, and interpreted under the laws of the State of New York, United States of America. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsors reserve the right, in their sole discretion and to the extent permitted by law, to change these Official Rules at any time without notice. Sponsor reserves the right, in their sole discretion, to disqualify persons whose eligibility is in question or for any other reason whatsoever or if Sponsor has grounds to suspect any entrant or third party of cheating, deception or fraudulent or unsportsman-like conduct of any kind (including, without limitation, manipulating the promotion, choice of prize winner(s) or any entry) Sponsor reserves the right (in its sole discretion) it may disqualify any entrant, entry or person it reasonably believes to be responsible for, or associated with, such activity.
15. WINNER'S LIST AND OFFICIAL RULES: To obtain a copy of the Winners List or a copy of these Official Rules (which can be found online at http://www.escapistmagazine.com/contests/register/hatfallgiveaway), mail your request to: Hatfall Contest Winner's List, c/o Defy Media, LLC, 498 Seventh Avenue, 19th Floor, New York, NY, 10018, United States.]. Requests must be received no later than November 1, 2015.