COVET FASHION COVETCON 2022 FACEBOOK SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN; A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
This Sweepstakes is sponsored by Crowdstar LLC (“Crowdstar”), a wholly owned subsidiary of Electronic Arts Inc. (“EA”), 209 Redwood Shores Parkway, Redwood City, CA, USA 94065 (collectively the “Sponsor”). THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH APPLE INC.
1. Eligibility. To enter the Covet Fashion Covetcon 2022 Facebook Sweepstakes (“Sweepstakes”):
a) You must be a legal resident of one of the 50 United States (including the District of Columbia) or a legal resident of the following countries: Australia, Belgium, Canada (except Quebec), Denmark, France, Germany, India, New Zealand, Norway, the Republic of Ireland, Sweden, or the United Kingdom.
b) Participants who have reached the age of majority in their country or territory of residence.
c) Your participation in the Sweepstakes means you agree to these Official Rules.
d) submit a valid Entry (as defined below)
Entrants may not be an employee of Sponsor or any of its related companies or representatives (“Agents”) or the immediate family member or household members of an employee.
This Sweepstakes is subject to various national, state, territory, and local laws and regulations, and is void where prohibited. Sponsor’s decisions are final in all matters related to the Sweepstakes.
2. Entry Period: The Sweepstakes begins on July 21, 2022, at 5 a.m. Pacific Time and ends on July 23, 2022, at 11:59 p.m. Pacific Time (the “Sweepstakes Period”). ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS. Sponsor’s computer systems will be the official timekeeping device for the Sweepstakes. Entries that are submitted before or after the Sweepstakes Period will be disqualified.
3. To Enter. During the Sweepstakes Period, entrants may enter the Sweepstakes in one (1) of two (2) ways (an Internet connection is required, and connection fees may apply). An Entrant may submit either: (a) one (1) On-Line Entry, or (b) one (1) Email Entry (each, as defined below) during the Sweepstakes Period. Sponsor will announce the commencement of the Sweepstakes Period via the COVET FASHION Facebook page (the “Designated Facebook Page”).
By submitting an On-Line Entry to the Designated Facebook Page, each Entrant represents and warrants that their On-Line Entry complies with the requirements set forth above in this Section, and further represents and warrants that their On-Line Entry does not violate or infringe any third-party rights, including without limitation any copyrights, trademark rights or rights of publicity/privacy, of any third party. By submitting an On-Line Entry, you grant to Sponsor and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display, and otherwise exploit your On-Line Entry and any name, username or likeness provided in connection with your On-Line Entry in all media formats and channels now known or later developed, including without limitation in connection with development and distribution of the Game, and for any promotional or marketing purposes, without compensation, consideration or notice to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your On-Line Entry, regardless of whether your On-Line Entry is adapted or modified in a manner not agreeable to you. If requested by Sponsor, you agree to sign any documentation required for Sponsor and its licensees, assignees and designees to make use of the rights granted to Sponsor in this paragraph.
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 Covetcon 2022 Facebook Sweepstakes Entry” and include the following information in the body of the email: your name, your country and state/district/province of residence as applicable, your age, your username within the Game. Your complete and properly formatted email must be sent to firstname.lastname@example.org during the Sweepstakes Period to constitute a valid Entry. Each properly formatted and complete email received before the end of the Sweepstakes Period by Sponsor at the above email address are each an “E-Mail Entry.” Only properly formatted and complete Email Entries received from entrants during the Sweepstakes Period will be included in the pool of all of the eligible Entries from which the winning Entries will be drawn.
An On-Line Entry and an Email Entry are each an “Entry”.
For residents of France: Telecommunication and access expenses corresponding to the time of connection for participation in the Promotion have been evaluated at the flat fee of 0.50 Euros per Entry and shall be reimbursed to any on-line participant requesting it in writing at Electronic Arts Publishing – Covet Fashion Covetcon 2022 Facebook Sweepstakes – 18, rue Félix Mangini, 69009 Lyon, France. If you claim reimbursement for these expenses, you must provide a telephone bill demonstrating that you do not benefit from unlimited access. An incomplete request for reimbursement or one sent to the incorrect address will be invalid. You must submit reimbursement requests within two months (60 calendar days) of the prize draw closure. Reimbursement of connection costs is limited to one participation by an individual (same first name and last name, same postcode, same age). Postal fees incurred in sending supporting documentation will be reimbursed upon request, provided they are requested in writing as set forth above, and are within the limit of the lowest postal fee applicable to a letter of 20 grams or less.
4. Prizes. There are three (3) prizes available to be won (each a “Prize” and collectively the “Prizes”). Your odds of winning a Prize depend upon the number of eligible Entries. All values are in U.S. Dollars.
Winner Selection and Notification. Sponsor will conduct a random drawing from all eligible Entries to determine the potential winner(s) on or about July 25, 2022, at San Francisco, California. All decisions regarding the selection of the potential winner(s) are final.
If a potential winner is disqualified, or the prize is forfeited for any reason, Sponsor will award that prize to an alternate winner by random drawing from all remaining eligible Entries. Only 2 alternate drawings will be held, after which Sponsor may donate the prize to a charity of Sponsor’s choice.
5. To Claim a Prize. If you are selected as a potential winner, you will be required to complete and sign a Winner Declaration & Release (“Winner’s Release”) to claim your prize, which Sponsor will provide to you. Potential winners will be required to provide a shipping address to claim a Prize. Allow 4-6 weeks for delivery of a Prize via mail.
6. Release. To the extent allowable under applicable law and, in Australia, subject to and without excluding, restricting or modifying any rights or remedies to which you may be entitled as a consumer under the consumer guarantee provisions of the Australian Consumer Law in relation to the operation of the Sweepstakes and any prize won, you agree to release EA, Apple Inc., Facebook and their Agents, officers, directors, and employees (the “Released Parties”) from any legal claims, including without limitation claims related to personal injury, death, or damage to or loss of property arising out of participation in the Sweepstakes, or receipt, use, or misuse of any prize, except for residents of the United Kingdom and France with respect to claims resulting from death or personal injury arising from EA’s negligence and for residents of the United Kingdom with respect to claims resulting from the tort of deceit or any other liabilities that may not be excluded by law.
For residents of Germany: By participating in this Sweepstakes, you acknowledge: (1) In regard to a prize or any other products or services offered by EA and/or its affiliates free of charge, EA shall only be liable for intent and gross negligence. (2) In all other cases, EA shall only be liable in cases of intent and gross negligence. In case of slight negligence, however, EA is only liable for the breach of essential contractual obligations, such as delay or impossibility of performance, for which EA can be held responsible. The liability in the event of breach of such an essential contractual obligation is limited to the typical contractual damage, whose occurrence could be expected by EA upon conclusion of the contract based on the circumstances known at that time. “Essential contractual obligations” are those obligations whose fulfillment is essential to enable the proper implementation of the contract, and the achievement of its purpose and whose observation you as an end consumer may rely upon. The foregoing limitations of liability shall not apply in the case of explicit guarantees by EA, in case of malice and injuries to life, body or health, as well as in the case of mandatory statutory regulations. Nothing in these Official Rules shall deprive you of the consumer protection rights granted to you by the laws of your residence that cannot be derogated from by agreement.
Personal Information will be used for the purposes of:
· Organizing, running and monitoring the Sweepstakes and prize fulfillment, including, if you win a prize, publishing (i) your name on the Winner(s) List and (ii) your name and country of residence online or in any other media in connection with the Sweepstakes, as described in this Section 7 above; and
· Any additional processing activities to which you consent and/or acknowledge as applicable.
8. General Conditions. This Sweepstakes is governed by the laws of the United States. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Sponsor reserves the right to cancel, suspend, or modify the Sweepstakes, (or any part of it) if fraud, technical failure, human error, or any other problem impairs its proper operation. In that event, Sponsor may hold a random drawing from among all eligible Entries received up to the date of suspension for any of the prizes offered. Sponsor reserves the right to disqualify any person it finds to be in violation of these Official Rules (including tampering with the entry process or the operation of the Sweepstakes) or acting in an unsporting or disruptive manner. If you attempt to deliberately undermine the legitimate operation of the Sweepstakes, it may be a violation of criminal and/or civil law, and Sponsor reserves the right to seek damages from you to the extent permitted by law. Sponsor’s failure to enforce any term in these Official Rules shall not be a waiver of that term. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules will be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
9. Limitation of Liability. The Released Parties are not responsible for: (1) inaccurate information, whether caused by entrants, typographical errors, or by equipment or programming associated with the Sweepstakes; (2) technical failures, including without limitation network malfunctions, interruptions, or disconnections; (3) unauthorized intervention in the entry process or the Sweepstakes; (4) technical or human error in the administration of the Sweepstakes or the processing of Entries; (5) late, lost, undeliverable, damaged or stolen mail or electronic communications; (6) ineligibility for any reason, including entrant’s misunderstanding of the Official Rules and requirements or the entry process. If for any reason your Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is another Entry in the Sweepstakes, if possible. Sponsor will award no more than the stated number of prizes. If production, technical, programming or any other reasons cause more than the stated number of prizes to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes. Some jurisdictions prohibit the limitations described above, so some or all of them may not apply to you.
10. Disputes. Unless you are a resident of a member-state of the European Economic Area, South Korea, or Switzerland, all disputes, claims or controversies arising out of or relating to the Promotion, including the marketing and promotion of the Promotion (“Disputes”), shall be resolved exclusively by binding arbitration in the United States under the laws of the United States. The only Disputes not covered by this Section are claims (i) regarding the infringement, protection or validity of your, EA’s or EA’s licensors’ trade secrets or copyright, trademark or patent rights; and (ii) those brought in small claims court.
· You and EA shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. EA will send its Notice of Dispute to the contact information in your Entry, or other address you provide for this purpose. You will send your Notice of Dispute to: Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City CA USA 94065, ATTENTION: Legal Department.
· If you and EA cannot resolve a Dispute informally, you or EA may elect to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and EA may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
· YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person’s claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
· If you live in the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and EA agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
· If the arbitrator rules in your favor on the merits of any claim you bring against EA and issues you an award that is greater in monetary value than EA’s last written settlement offer made before EA makes its final written submissions to the arbitrator, then EA will: pay you 150% of your arbitration award, up to $5,000 USD (or equivalent in your national currency) over and above your arbitration award, and reimburse the arbitration fees that you paid to the AAA.
· For residents of Australia: The Promotion is governed by the laws of the United States, provided that you will not be deprived of your statutory rights and legal protection as a consumer granted by the laws of Australia. The court of jurisdiction shall be your country of residence.
11. Winner List/Official Rules. For the names of the winners and/or Official Rules send a request by email to email@example.com with the subject “Covet Fashion Covetcon 2022 Facebook Sweepstakes.” All requests for a copy of the Official Rules and for the names of the winners (first name, last initial and home state) must be made by August 6, 2022, Requests received after this time will not be honored.
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