COVET FASHION X TERANI SWEEPSTAKES
SUBJECT TO ALL APPLICABLE LAWS. VOID WHERE PROHIBITED BY LAW. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. PLEASE READ THESE RULES CAREFULLY. AS EXPLAINED BELOW, THESE OFFICIAL RULES (THE “RULES”) REQUIRE THAT DISPUTES ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY CLASS ACTIONS OR JURY TRIALS, AND LIMIT YOUR RIGHTS AND REMEDIES IN THE EVENT OF A DISPUTE.
1. ENTRY PERIOD: The COVET FASHION X TERANI Sweepstakes (the “Promotion”) begins on Friday, March 15, 2019 at 6:00 pm PT and ends on Tuesday, March 19, 2019 at 11:59 pm PT (the “Promotion Period”). “PT” means Pacific Time as observed in the United States of America (“USA”). ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS. Glu Mobile Inc. (“Glu”) and Terani Couture (“Terani”) are the Sponsors of this Promotion (“Sponsors”).
2. ELIGIBILITY: The promotion is only open to entrants who:
(a) are U.S. citizens or are U.S. resident aliens who are physically located in and are legal residents of one of the 50 U.S. states or the District of Columbia;
(b) are at least 18 years of age at the time of entry (19 in Alabama and Nebraska, and 21 in Mississippi);
(c)play COVET FASHION on iOS or Android for Google and Amazon only (the “Game”) and are the rightful owner (or have authorized use) of the Game account identified with the entrant’s entry;
(d)enter into two Terani Style Challenges that will be launching on March 15, 2019 and March 16, 2019 in the Game; and
(e) submit a valid Entry (as defined below).
The Promotion is not open to entrants who:
aa) do not meet any of the eligibility requirements specified above;
bb) are employees, shareholders, officers, directors, agents and representatives of Sponsors;
cc) are employees, shareholders, officers, directors, agents and representatives of any company and its respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and any entity which is involved in any aspect of the creation, production, operation, execution or fulfilment of the Promotion;
dd) are Immediate Family Members or Household Members of such individuals listed in clauses bb) – cc) above. “Household Members” of an entrant shall mean those people who share the same residence of such entrant at least three months a year and “Immediate Family Members” of an entrant shall mean parents, step-parents, legal guardians, children, stepchildren, siblings, stepsiblings, or spouses of such entrant; or
(ee) are prohibited by applicable law from entering the Promotion.
3. HOW TO ENTER: An interested and eligible person or Game end user must submit a valid Entry (as defined below) to participate in this Promotion (each, an “Entrant”). An Entrant may submit either (a) 1 On-Line Entry or (b) 1 Email Entry (each, as defined below) during the Promotion Period. A maximum of 1 Entry per Entrant will be accepted; Entries in excess of the stated maximum will be disqualified. Glu Mobile Inc. will announce on the COVET FASHION Facebook page (https://www.facebook.com/covetfashion/) the commencement of the Promotion Period (the “Designated Facebook Post”); On-Line Entries shall be posted by Entrants on the Designated Facebook Post in order to submit their Entries.
On-Line Entry Method: To enter, an Entrant must play the Game on an iOS Apple device or Android for Google and Amazon devices. Then during the Promotion Period an Entrant must use an Internet connected mobile device to play the Game to participate in both of the Terani Style Challenges within the Game and share Entrant’s favorite Terani Style Challenge look as a comment to the Designated Facebook Post with his or her in-Game user name. Each Terani Style look posted to the Designated Facebook Post with Entrant’s in-Game user name constitutes an “On-Line Entry.” Entrants will have the opportunity to purchase virtual content within the Game to help improve their performance, though purchases are not required for Entry. You understand that Internet access and device data usage charges and any other charges imposed by your mobile plan and/or online service may apply when playing the Game. Contact your wireless carrier and/or check your mobile plan for data usage pricing plans and details.
Email Entry Method. As an alternative to an On-Line Entry, an individual who otherwise meets the eligibility criteria set forth in Section 2 above may send an email with the subject line: “ COVET FASHION X TERANI SWEEPSTAKES Promo Entry” and include the following information in the body of the email: your name, state of residence, age, your username within the Game, and the make and model of the device you play the Game on. Your complete and properly formatted email must be sent to (firstname.lastname@example.org) to constitute an Entry. Each properly formatted and complete email received before the end of the Promotion Period by Glu at the above email address are each an “E-Mail Entry.” Only properly formatted and complete Email Entries received from Entrants will be included in the pool of all of the eligible Entries from which the winning Entries will be drawn.
4. WINNER SELECTION: A total of one (1) prize winner (the “Winner”) will be determined between March 19 and 20, 2019 by the Glu from among all eligible Entrants who submit an Entry during the Promotion Period, unless a longer period of time is needed to validate the Winner and/or find an alternate Winner. Winner shall be determined by random drawing from all Entries submitted during the Promotion Period. The validated Winner will be announced on March 29, 2019 on the COVET FASHION Facebook page.
6. PRIZES/ODDS: One (1) Winner Total. One prize will be awarded to the Winner. The Winner will be awarded one dress from Sponsors (Winner will be able to select from a list of pre-determined dresses) and 5,000 in-Game diamonds (i.e., Game’s virtual currency); the approximate retail value of the prize is $245.00 – $445.00. Winner is subject to validation.
All federal, state and local taxes and any other costs and expenses associated with acceptance and/or use of the prize not specifically provided for in these Official Rules, are solely the Winner’s responsibility. No substitutions or transfers of a prize except in Glu’s discretion and with Glu’s prior written consent.
The Winner may need to supply Glu with a complete and valid IRS Form W-9 prior to receiving his/her prize. The value of the prize is taxable to Winner as income. An IRS Form 1099 will be issued in the name of Winner for the actual value of the prize awarded if the aggregate value of the prize awarded to and other compensation received by Winner from Glu is $600 or greater for the calendar year.
7. GENERAL CONDITIONS/INDEMNIFICATION: By participating in the Promotion and/or by accepting any prize that you may be awarded, you agree that Glu, its subsidiaries and affiliated companies, units and divisions; and their advertising and promotional agencies or marketing partners and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies’ and individuals’ respective successors, representatives and assigns (collectively, the “Indemnified Parties”) shall not be liable for any and all actions, claims, including any third party claims, injury, loss or damage, including death, arising in any manner, directly or indirectly, from or relating to the Promotion, including your Entry, participation in the Promotion, or the acceptance, possession, use or misuse of any prize. By participating in the Promotion and/or accepting any prize that you may be awarded, you agree to fully indemnify each Indemnified Party from any and all such claims by third parties without limitation. The Indemnified Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or submissions, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical, computer, or app malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of an Entry or other materials; (iv) any injuries, losses or damages of any kind caused by your participation in this Promotion or resulting from acceptance, possession or use of a prize; (v) any printing, typographical, administrative or technological errors in any materials associated with the Promotion; (vi) any notifications or prize delivery to the Winner that is undeliverable, returned, rejected or blocked due to reasons not attributable to Glu; or (vii) any postponement of the Promotion or withdrawal or cancellation of the Game. The Indemnified Parties disclaim any liability for damage to any phone, computer or other electronic device resulting from participating in, or accessing or downloading information in connection with this Promotion, and Glu reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion should a virus, bug, computer or phone problem, unauthorized intervention or other causes beyond Glu’s control, corrupt the administration, security or proper play of the Promotion. Glu reserves the right in its sole discretion to modify, cancel, suspend or terminate the Promotion in its entirety or any affected portion thereof. In the event Glu is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or of other manner/type, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, provincial, regional or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, the unavailability of Glu’s selected photographer or other cause not reasonably within Glu’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Glu shall have the right to modify, suspend, cancel or terminate the Promotion in its entirety or any affected portion thereof. If the Promotion or a particular portion thereof is canceled or terminated before the designated end date of the Promotion Period for any reason, Glu may (if possible) select the Winner based on the Entries received as of the date of the event giving rise to the termination and that is in complete compliance with these Official Rules. This shall be each Entrant’s sole and exclusive remedy in the event the Promotion is so terminated or cancelled. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. Glu may prohibit you from participating in the Promotion or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or any other unfair playing practices, including intending to annoy, abuse, threaten or harass any other participants or Glu’s representatives. WAIVER OF CALIFORNIA CIVIL CODE, SECTION 1542. The foregoing release extends to all Entrants in California and their respective potential claims whether or not claimed or suspected and constitute a waiver of each and all the provisions of the California Civil Code, Section 1542 (to the extent it would be applicable), which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE GAME (COVET FASHION) OR RELATED WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHALL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROMOTION. SHOULD SUCH AN ATTEMPT BE MADE, GLU RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
8. GRANT OF RIGHTS: By entering, you also agree that your name (first initial, last name only), city, state (or equivalent) and country may be posted on a winner’s list in order to comply with applicable laws requiring the disclosure of such information, without further compensation unless prohibited by law.
APPLICABLE LAW: These Official Rules are governed by the laws of the State of California, United States of America, without giving effect to conflicts of law rules. If any of the provisions of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by applicable law, participants waive their right to litigate, seek injunctive relief or make any other recourse to judicial procedures in case of disputes or claims resulting from or in connection with the Promotion, including waiver of right to jury trial.
ARBITRATION: By participating in the Promotion and to the extent permitted by applicable law, you agree that the exclusive jurisdiction for any dispute, claim or demand related in any way to the Promotion will be decided by binding arbitration. All disputes between you and Glu or anyone associated with the production, development or handling of this Promotion, of whatsoever kind or nature arising out of the Promotion or the terms of these Official Rules, shall be submitted individually, without resort to class action, to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration, under its rules then in effect, in San Francisco, California, USA, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred and that, unless prohibited by applicable law, under no circumstances will participant be permitted to obtain awards for, and participants hereby waive all rights to claim, punitive, incidental and consequential damages and any damages other than actual out-of-pocket expenses.
SPONSORS: Glu Mobile Inc., 875 Howard Street, Suite 100, San Francisco, CA 94103 USA. Website: www.glu.com. COVET FASHION, Crowdstar, Glu and the g-man logo are trademarks or registered trademarks of Glu Mobile Inc. in the US and/or other countries. All rights reserved. Covet Fashion © 2013-2019 Glu Mobile Inc. All Rights Reserved. Terani Couture, 225 West 37th Street, 12th Floor, New York, NY 10018. https://teranicouture.com.
FOR WINNERS LIST and OFFICIAL RULES: All requests for a copy of the Official Rules and for the names of the Winner (first name and home state) must be made by March 28th, 2019. Vermont residents may omit return postage if requesting a set of Official Rules. For the names of the Winner and/or Official Rule(s) send a self-addressed stamped return envelope to: Glu Mobile Inc. Attn: Covet Fashion’s COVET FASHION X TERANI SWEEPSTAKES c/o Glu Mobile Inc., 875 Howard St., Suite 100, San Francisco, CA 94103.
END OF OFFICIAL RULES