COVET FASHION COVETSOCIAL 2021 ART CONTEST
COVET FASHION COVETSOCIAL 2021 ART CONTEST
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
AN INTERNET CONNECTION IS REQUIRED AND CONNECTION FEES MAY APPLY.
OPEN ONLY TO LEGAL RESIDENTS OF AUSTRALIA, BELGIUM, CANADA (EXCEPT QUEBEC), DENMARK, FRANCE, GERMANY, INDIA, JAPAN, NEW ZEALAND, NORWAY, THE REPUBLIC OF IRELAND, SWEDEN, SWITZERLAND, THE UNITED KINGDOM, AND THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE, AND AT LEAST 18 YEARS OLD, AT THE TIME OF ENTRY (WHICHEVER IS HIGHER).
1. SPONSOR: Glu Mobile Inc., 875 Howard St., #100, San Francisco, CA 94103 (“Sponsor”).
2. ELIGIBILITY: The COVET FASHION CovetSocial 2021 Art Contest (the “Contest”), is only open to persons who:
(a) are legal residents of one of the 50 U.S. states (including the District of Columbia), or a legal resident of the following countries: Australia, Belgium, Canada (except Quebec), Denmark, France, Germany, India, Japan, New Zealand, Norway, the Republic of Ireland, Sweden, Switzerland, or the United Kingdom;
(b) are at least the minimum age of majority in their country and state, province or district of residence, and at least 18 years old, as of the time of entry (whichever is higher);
(c) attend and participate in the CovetSocial Online virtual event conducted by Sponsor on October 29, 2021 (the “Event”), which event is free to attend and which is associated with Sponsor’s mobile video game product titled COVET FASHION, which is available to download for free from the Apple App Store and Google Play Store (the “Game”); and
(d) agree to be bound by these Official Rules (each, an “Entrant”).
The Contest is NOT open to entrants who:
aa) are employees, shareholders, subsidiaries, affiliates, officers, directors, agents or representatives of Sponsor or any entity which is involved in any aspect of the creation, production, operation, execution or fulfilment of the Contest;
bb) are immediate family members (defined as parents, children, siblings, domestic partner, husband, or wife) or household members (defined as those people who share the same residence of such entrant at least three (3) months a year) of such individuals listed in clause aa) above;
cc) are prohibited by applicable law from entering the Contest; or
dd) do not meet any of the eligibility requirements set forth above.
For purposes of Indian law only, in conducting the Contest, Sponsor does not intend to promote its products, trademarks, or services. The Contest is void where prohibited.
3. ENTRY PERIOD: The Contest will begin at 1:00 p.m. Pacific Time on October 29, 2021, and ends at 2:00 p.m. Pacific Time on October 29, 2021 (the “Contest Period”). All dates/times listed are U.S. Pacific Time. 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 Contest. Entries that are submitted before or after the Contest Period will be disqualified.
4. HOW TO ENTER: During the Contest Period, Entrants may enter the Contest by attending the Event and wearing a hair accessory designed by the Entrant during the Event, and submitting such hair accessory design to Sponsor in accordance with Sponsor’s instructions, requirements and directions given at the event (the “Event Guidelines”), provided that such hair accessory design complies with all of the Event Guidelines as well as all of the terms, conditions and requirements set forth in these Official Rules (an “Entry”). An eligible person who submits a hair accessory design that complies with the above stated requirements and all of the terms, conditions and requirements set forth in these Official Rules is an “Entrant.” A maximum of one (1) Entry per Entrant will be accepted; Entries for the Contest in excess of the stated maximum will be void. You understand that Internet access and device data usage charges and any other charges imposed by your data plan and/or online service may apply when attending and/or participating in the Event and playing the Game. Contact your Internet service provider or wireless carrier and/or check your mobile plan for data usage pricing plans and details. In addition to the Event Guidelines, each Entry must comply with the following:
(a) Each Entry must not contain any content that Sponsor determines in its sole discretion is abusive, hateful, racially, ethnically, religiously or otherwise discriminatory or offensive, obscene, threatening, harassing, intimidating, bullying, vulgar, violent, predatory, sexually explicit, pornographic, defamatory, infringing, invasive of personal privacy or publicity rights, violative of any laws, rules or regulations in any territory, or otherwise objectionable and/or inappropriate; and
(b) Each Entry must be the sole work of authorship of the Entrant who submitted the Entry, and must not depict or include any person’s likeness.
By submitting an Entry, each Entrant represents and warrants that their Entry (i) complies with the requirements set forth above in subsections (a) and (b) of this Section 4, and (ii) does not contain any third party copyrighted materials, and will not violate or infringe any rights of any third party, including without limitation any copyrights, trademark rights or rights of publicity/privacy. By submitting an Entry, each Entrant agrees to the terms and conditions set forth in these Official Rules.
5. LICENSE GRANT: As between you and Sponsor, except with respect to any intellectual property rights owned by Sponsor, its subsidiaries and affiliated companies and any of its and their third party licensors (including without limitation as set forth in the TOU) and the rights granted pursuant to this Section 5 and elsewhere in these Official Rules, you will retain all rights in and to your Entry. By submitting an 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 in any manner your Entry (and all content included therein) and any name, username or likeness provided in connection with your 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 any attribution, approval, notification or consideration of any kind. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your Entry, regardless whether your 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 Section 5.
6. WINNER DETERMINATION: Three (3) potential prize winners will be determined as follows: all valid Entries successfully submitted during the Contest Period will be voted on by the Event participants to determine three (3) winning Entries, based on the quality, originality and creativity of each Entry. The three (3) Entrants associated with the three (3) Entries receiving the most votes will be the potential prize winners. In the event of a tie, Sponsor will determine the winning Entry based on Sponsor’s evaluation of the quality, originality and creativity of the appliable Entries, as determined by Sponsor in its sole discretion. The odds of winning depend upon the number of eligible Entries received and relative skill of the Entrants. All decisions resulting from the vote of the Event participants, and any tie break conducted by Sponsor, are final and binding. Sponsor will determine, in its sole discretion, the validity of the votes submitted by the Event participants and the final vote counts, which determinations are final and binding.
8. PRIZES: Three (3) Prize: Each prize consists of one thousand (1,000) in-Game diamonds (i.e., one of the Game’s virtual currencies), which will be made available within each winner’s respective in-Game account within approximately five (5) days following winner verification. In addition, Sponsor will consider incorporating the design associated with each of the winning Entries within the Game, as determined by Sponsor in its sole discretion, in each case with such modifications as Sponsor may elect to make in its sole discretion. One (1) prize will be awarded to each validated winner, subject to the terms of these Official Rules. Maximum one (1) prize per person, per in-Game account, per email address, per household. Prizes must be accepted as awarded and may not be transferred, substituted, or redeemed for cash or otherwise. Each prize has no value other than its use within the Game and is subject to the TOU. Each winner is solely responsible for all national, federal, state, provincial, and/or local taxes, and local contribution, and for any other fees or costs associated with the prize, if any. If required, any applicable forms will be filed with the appropriate taxing authority.
9. RELEASE: Entrant agrees to release and hold harmless Sponsor, 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 “Released Parties”) from and against any claim, liability, or cause of action, including, but not limited to, damage to or loss of property, arising out of participation in the Contest, receipt or use or misuse of any prize, or any breach of these Official Rules.
10. GENERAL CONDITIONS: Except where prohibited by applicable law, participation in the Contest constitutes each winner’s consent to Sponsor’s use of the winner’s name, city, state, province or county, and country, likeness, photograph, statements made by the winner about the Contest, Sponsor, and/or prize information for purposes solely related to the Contest in any media without further payment or consideration, including, but not limited to, posting winner lists online. In addition to the other rights granted Sponsor in these Official Rules (including without limitation pursuant to Section 5), Entrant hereby grants to Sponsor, to the extent permitted under applicable law, a non-exclusive, worldwide, sublicensable license to use, reproduce, modify, adapt, publish, transmit via the Internet, and publicly display Entrant’s Entry, including Entry information, in whole or in part, solely for the purpose of administering the Contest. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer or phone problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Contest. Any attempt by any person to deliberately damage the Game or related websites or undermine the legitimate operation of the Contest may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If the Contest or a particular portion thereof is canceled or terminated before the designated end date of the Contest Period for any reason, Sponsor 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 Contest 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. 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.
11. LIMITATIONS OF LIABILITY: Except as provided by applicable law, and as specifically set forth below for individual jurisdictions, the Released Parties are not responsible, to the extent permitted by law, for: (A) any incorrect or inaccurate information, whether caused by Entrant, printing errors or omission or by any of the equipment or programming associated with or utilized in the Contest; (B) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (C) unauthorized human intervention in any part of the Entry process or the Contest; (D) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (E) any injury or damage to person or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an Entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the Contest provided that if it is not possible to submit another Entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to allow the Entrant to enter into a subsequent Contest. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes to the legitimate, un-awarded, eligible Contest winner based on the terms set forth in Section 6.
NOTHING IN THESE OFFICIAL RULES SHALL DISCLAIM, LIMIT, OR EXCLUDE LIABILITY FOR ANY LIABILITY THAT MAY NOT BE DISCLAIMED, LIMITED, OR EXCLUDED PURSUANT TO APPLICABLE LAW.
Applies to participants residing in Germany only: Sponsor will be liable for any culpable breach of essential contractual obligations. Essential contractual obligations are contractual obligations that need to be fulfilled to permit proper execution of these Official Rules and that may regularly be relied upon by the participant. Sponsor’s liability will otherwise be limited to gross negligence and willful misconduct. In the event of any liability on the part of Sponsor due to a slightly negligent breach of essential contractual obligations or slightly negligent misconduct on the part of simple vicarious agents, such as Sponsor and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents, Sponsor’s liability will be limited to typically foreseeable damages. The above limitations of liability will not affect any mandatory statutory liability, in particular Sponsor’s liability in connection with the loss of life, bodily injury or illness.
Applies to participants residing in the United Kingdom only: NOTWITHSTANDING THIS SECTION 11 (LIMITATION OF LIABILITY), NOTHING IN THESE OFFICIAL RULES SHALL BE CONSTRUED TO LIMIT OR EXCLUDE ANY LIABILITY OF THE SPONSOR FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY THE SPONSOR OR ENTRANT’S NEGLIGENCE. No term of these Official Rules shall be enforceable by any person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise, excluding Sponsor.
Applies to participants residing in India only: THE RELEASE DOES NOT APPLY TO PERSONAL INJURIES, DEATH, DAMAGES, OR LOSSES CAUSED BY RELEASED PARTIES’ INTENTIONAL OR GROSS NEGLIGENCE, OR FRAUDULENT REPRESENTATION.
13. APPLICABLE LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Some jurisdictions do not allow for limitations of certain remedies or damages and so those provisions may not apply to you.
14. DISPUTES/ARBITRATION: By participating in the Contest 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 Contest will be decided by binding arbitration. All disputes between you and Sponsor or anyone associated with the production, development or handling of the Contest, of whatsoever kind or nature arising out of the Contest 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 (1) 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.
FOR UK RESIDENTS ONLY: THE CONTEST AND THESE OFFICIAL RULES ARE GOVERNED BY ENGLISH LAW AND ALL ENTRANTS AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ENGLAND AND WALES. TO THE EXTENT PERMITTED BY LAW, ANY CLAIMS OR DISPUTES RELATING TO THIS CONTEST, THE PRIZE OR THESE OFFICIAL RULES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED.
15. WINNERS LIST/OFFICIAL RULES: For the names of the winners and/or Official Rules send a request by email to email@example.com. All requests for a copy of the Official Rules and for the names of the winners (first name, last initial and home country) associated with the Contest must be made by December 3, 2021. Requests received after this time will not be honored.
COVET FASHION © 2021 Crowdstar Inc. All Rights Reserved. COVET FASHION is a trademark or registered trademark of Crowdstar Inc. in the U.S. and/or other countries. All Rights Reserved.