DESIGN HOME 2020 DIAMONDS SWEEPSTAKES Official Rules
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 (EXCEPT NEW SOUTH WALES), 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 AT THE TIME OF ENTRY.
1. SPONSOR: The Design Home 2020 Diamonds Sweepstakes (the “Promotion”) is sponsored by Glu Mobile Inc., 875 Howard St., #100, San Francisco, CA 94103 (“Sponsor”).
2. ELIGIBILITY: The Promotion is only open to entrants 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 (except New South Wales), 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 of residence as of the time of entry; and
(c) submit a valid Entry (as defined below) (each, an “Entrant”).
The Promotion is not open to entrants who:
aa) are employees, shareholders, subsidiaries, affiliates, officers, directors, agents and representatives of Sponsor or any entity which is involved in any aspect of the creation, production, operation, execution or fulfilment of the Promotion;
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 Promotion; or
dd) do not meet any of the eligibility requirements set forth above.
For purposes of Indian law only, in conducting the Promotion, Sponsor does not intend to promote its products, trademarks, or services. The Promotion is void where prohibited.
3. ENTRY PERIOD: The Promotion begins on 12:01 a.m. pacific time on January 23, 2020 and ends on 7:00 p.m. pacific time on February 1, 2020 (the “Promotion 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 Promotion. Entries that are submitted before or after the Promotion Period will be disqualified.
4. HOW TO ENTER: During the Promotion Period, Entrants may enter the Promotion in one (1) of two (2) ways (an internet connection is required and connection fees may apply). Subject to the terms of these Official Rules, an Entrant may submit either: (a) one (1) or more In-Game Entries or (b) one (1) or more Email Entries (each, as defined below) during the Promotion Period. A maximum of thirty-six (36) Entries per Entrant will be accepted regardless of the method of Entry; Entries in excess of the stated maximum will be void. Sponsor will announce the commencement of the Promotion Period via in-Game message and certain social channels associated with the Game (as defined below).
In-Game Entry Method: To enter, an Entrant must play Sponsor’s mobile game titled Design Home as available on an Apple iOS device or Android for Google device (the “Game”). The Game can be obtained and played for free by downloading the Game from the Apple iTunes or the Google Play store and launching the Game after installing the Game. Then, during the Promotion Period, an Entrant must use an Internet connected mobile device to successfully complete one (1) or more of the thirty-six (36) in-Game design challenges that are eligible for Entry in the Promotion (“In-Game Entry”), which eligible in-Game challenges which will be marked with a diamond icon and a reference to “2020” during the Promotion Period (the “Eligible In-Game Challenges”). Only the Eligible In-Game Challenges will provide Entries for the Promotion; completion of other in-Game challenges or events will not provide an In-Game Entry. Limit one (1) In-Game Entry per successfully completed Eligible In-Game Challenge during the Promotion Period. Entrants who complete the same Eligible In-Game Challenge more than once during the Promotion Period will not receive additional In-Game Entries. 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 In-Game Entry, an individual who otherwise meets the eligibility criteria set forth in Section 2 above may send an email with the subject line: “Design Home 2020 Diamonds Sweepstakes Promo Entry” and include the following information in the body of the email: your name, state/province/country of residence as applicable, your age, your username within the Game, and the make and model of the device on which you play the Game. Your complete and properly formatted email must be sent to DH2020Diamonds@glu.comduring the Promotion Period to constitute a valid Entry. Each properly formatted and complete email received before the end of the Promotion Period by Sponsor at the above email address will be considered one (1) “Email Entry.” Only properly formatted and complete Email Entries received from Entrants during the Promotion Period will be included in the pool of all of the eligible Entries from which the winning Entries will be drawn. Limit one (1) Email Entry per properly formatted and complete email received during the Promotion Period at the above email address. An Entrant must send additional emails meeting the requirements set forth in this paragraph to obtain additional Email Entries, subject to the maximum number of Entries set forth above.
5. WINNER SELECTION: On or about February 3, 2020, Sponsor will randomly select twenty (20) potential prize winners from among all eligible Entrants who submitted a valid Entry during the Promotion Period. Odds of winning depend upon the number of eligible Entries received.
8. 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 Sweepstakes or receipt or use or misuse of any prize.
9. GENERAL CONDITIONS: Except where prohibited by applicable law, participation in the Promotion 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 Promotion, Sponsor, and/or prize information for purposes solely related to the Promotion in any media without further payment or consideration, including, but not limited to, posting winner lists online. Entrant hereby grants to Sponsor, to the extent permitted under applicable law, a non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, transmit via the internet, and display Entrant’s Entry, including Entry information, in whole or in part, solely for the purpose of administering this Promotion. Sponsor 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 Sponsor’s control, corrupt the administration, security or proper play of the Promotion. Any attempt by any person to deliberately damage the Game or related websites or undermine the legitimate operation of the Promotion 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 Promotion or a particular portion thereof is canceled or terminated before the designated end date of the Promotion 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 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. 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.
10. 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 Promotion; (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 Promotion; (D) technical or human error which may occur in the administration of the Promotion 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 Promotion 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 Promotion provided that if it is not possible to submit another Entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible Entries or, as the case may be, received up to the date of discontinuance for any or all of the prizes offered herein. 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 by a random drawing among all legitimate, un-awarded, eligible prize claims.
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 10 (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.
12. 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 Promotion, 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.
13. DISPUTES/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 Sponsor 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.
FOR UK RESIDENTS ONLY: THE PROMOTION 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 PROMOTION, THE PRIZE OR THESE OFFICIAL RULES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED.
FOR QUEBEC (CANADA) RESIDENTS ONLY: IF APPLICABLE, ANY DISPUTE RESPECTING THE CONDUCT OR ORGANIZATION OF A PUBLICITY CONTEST MAYBE SUBMITTED TO THE REGIE DES ALCOOLS, DES COURSES ET DES JEUX DU QUEBEC FOR A RULING. ANY LITIGATION RESPECTING THE AWARDING OF A PRIZE MAYBE SUBMITTED TO THE BOARD ONLY FOR THE SOLE PURPOSE OF HELPING THE PARTIES REACH A SETTLEMENT.
14. WINNERS LIST/OFFICIAL RULES: For the names of the winners and/or Official Rules send a request by email to DH2020Diamonds@glu.com. 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 March 7, 2020. Requests received after this time will not be honored.
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