DINER DASH ADVENTURES SWAG BOX SWEEPSTAKES

Official Rules

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 Diner DASH Adventures Swag Box Sweepstakes (the “Promotion”) begins on Wednesday July 24, 2019 at 11:00AM PT and ends on Wednesday, July 31, 2019 at 11:00AM 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. is the Sponsor of this Promotion (“Sponsor”).

 

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); and
    • (c) submit a valid Entry (as defined below).

 

The Promotion is not open to entrants who:

 

    1. (aa) do not meet any of the eligibility requirements specified above;
    2. (bb) are employees, shareholders, officers, directors, agents and representatives of Sponsor;
    3. (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;
    4. (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
    5. (ee) are prohibited by applicable law from entering the Promotion.

 

3. HOW TO ENTER: An interested and eligible person must submit a valid Entry (as defined below) to participate in this Promotion (each, an “Entrant”). An Entrant may submit either (a) one (1) On-Line Entry or (b) one (1) Email Entry (each, as defined below) during the Promotion Period.  A maximum of one (1) Entry per Entrant will be accepted; Entries in excess of the stated maximum will be disregarded. Sponsor will announce the commencement of the Promotion Period on the Diner DASH Adventures Facebook page (https://www.facebook.com/dinerdashadventures/) (the “Designated Facebook Page”); On-Line Entries must be posted by Entrants on the Designated Facebook Page in order to qualify as a valid Entry.

 

On-Line Entry Method: To enter, an Entrant must play Sponsor’s mobile game titled Diner DASH Adventures on an iOS Apple 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 share a comment on the Designated Facebook Page describing what he or she likes about the Game (“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 an Entry.  All On-Line Entries must comply with Facebook’s terms of service, currently located at https://www.facebook.com/legal/terms. 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: “Diner DASH Swag Box 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. 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.  Your complete and properly formatted email must be sent to dashcommunity@glu.com during the Promotion Period to constitute an Entry.  Each properly formatted and complete email received before the end of the Promotion 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 Promotion 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.” An Entrant may be disqualified from the Promotion if Sponsor determines in its sole discretion that an Entrant violates Sponsor’s Terms of Use governing the Game located at http://www.glu.com/terms, as may be amended from time to time. Sponsor is not responsible for lost, interrupted or unavailable network server or other connection; miscommunications; failed phone or computer or telephone transmissions; technical failure; jumbled, scrambled or misdirected transmissions; late, lost, incomplete, delayed, or misdirected entries; or other error of any kind whether human, mechanical, or electronic. Limit one (1) prize per household. Entries received or ranking status attained based on any tampering (cheating) or foul play will render that participant ineligible to receive any prize(s), and may result in participant no longer being allowed to enter Sponsor’s other promotions in the future, at Sponsor’s sole discretion. All participant Entry information, including comments to the Designated Facebook Page and activity submitted during the Promotion Period, become the property of Sponsor and will not be acknowledged or returned. By submitting any online comments, you grant Sponsor an unrestricted, non-exclusive license to the content.  Entrant must provide all information requested. Incomplete, unreadable or unintelligible submissions will be disqualified. Sponsor’s designated computer is the only valid official time-keeping device for determining the end of the Promotion Period. You must provide all information requested. If there is a dispute as to any Entrant or Entries made via a mobile device, the Entrant will be deemed the natural person who is the authorized account holder for the wireless provider used by the mobile device and corresponding email address used.

 

4. WINNER SELECTION: A total of three (3) prize winners (each, a “Winner”, and collectively, the “Winners”) will be determined by August 7, 2019 by the Sponsor from among all eligible Entrants who submit an Entry during the Promotion Period, unless a longer period of time is needed to validate the Winners and/or find one or more alternate Winners. Winners shall be determined by random drawing from all Entries submitted during the Promotion Period. The validated Winners will be announced on or around August 10, 2019 on the Designated Facebook Page, unless a longer period of time is needed to validate the Winners and/or find one or more alternate Winners.

 

5. VALIDATION: Each Winner is subject to validation. Each potential Winner will be notified by either direct message on Facebook or in-Game message, or by email message (for a winning Email Entry only). You are not a Winner until validated and you receive official notification from the Sponsor.  Each Entrant is responsible for ensuring that his/her designated email address is accurate, valid and operative. If a potential Winner cannot be reached after a reasonable effort has been exerted (response within three (3) days of receipt of initial direct message or email, as applicable), he or she is found to be ineligible at any point during the administration of the Promotion, he or she cannot or does not comply with these Official Rules, Sponsor’s Terms of Use or the Sponsor’s instructions, or if his or her prize, prize notification, or other Promotion-related correspondence is faulty, rejected, or returned as undeliverable, that potential Winner may be disqualified without notification and an alternate potential Winner may be selected at Sponsor’s discretion. In the event that a potential Winner cannot be reached or does not respond within the aforementioned timeframe, Sponsor shall randomly select an alternate Winner. Only two (2) alternate Winners will be contacted, after which the prize will remain un-awarded.  Each Winner may be required to sign and return, when requested, an affidavit of eligibility and prize/publicity release (the “Promotion Documents”) within two (2) business days of accepting the prize. Winner may also be required to provide to Sponsor all documentation requested by Sponsor to permit it to comply with all applicable federal, state and local tax reporting and withholding requirements, including but not limited to an IRS W-9 form. A potential Winner (or any alternate potential Winner if one must be selected) is not official and will not be confirmed as a Winner until he/she has completed, signed and returned the Promotion Documents and any required tax-related documents such as an IRS W-9, and the eligibility of the potential Winner has been verified. By taking part in the Promotion, you agree to be bound by these rules and all decisions of the Sponsor which are final and binding on all aspects of the Promotion.

 

6. PRIZES/ODDS: Three (3) Winners Total. A total of three (3) prizes will be awarded to three (3) Winners (one (1) prize per Winner). Each Winner will be awarded a swag box containing six (6) pieces of Game-branded merchandise (as determined by Sponsor in its discretion); the approximate retail value of each prize is USD $75.00. Winners are 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 Sponsor’s discretion and with Sponsor’s prior written consent.

 

Each Winner may need to supply Sponsor with a complete and valid IRS Form W-9 prior to receiving his/her prize. The value of the prize is taxable to each Winner as income.  An IRS Form 1099 will be issued in the name of each Winner for the actual value of the prize awarded if the aggregate value of the prize awarded to and other compensation received by such Winner from Sponsor is USD $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 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 and Facebook (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 Sponsor; 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 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. Sponsor 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 the Sponsor 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 Sponsor’s selected photographer or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor 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, 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. Sponsor 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 Sponsor 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 (DINER DASH ADVENTURES) 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, SPONSOR 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 name, last initial 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.

 

9. PRIVACY POLICY: Information collected from Entrants is subject to Sponsor’s Privacy Policy located at http://www.glu.com/privacy and may also be used as provided in these Official Rules. By participating in the Promotion, entrants agree to all of the terms and conditions of Sponsor’s Privacy Policy and the terms and conditions of Sponsor’s website.  Any information provided is to Sponsor and not to Facebook.

 

10. 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.

 

11. 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.

 

12. SPONSOR: Glu Mobile Inc., 875 Howard Street, Suite 100, San Francisco, CA 94103 USA. Website: www.glu.com. DASH, Diner DASH, 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. Diner DASH Adventures © 2019 Glu Mobile Inc. All Rights Reserved.  This promotion is not sponsored, affiliated with, or endorsed by Facebook.

 

13. FOR WINNERS LIST and OFFICIAL RULES: 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 7, 2019. For the names of the Winners and/or Official Rule(s) send a self-addressed stamped return envelope to: Glu Mobile Inc. Attn: Diner DASH Adventures Swag Box Sweepstakes WINNER LIST c/o Glu Mobile Inc., 875 Howard St., Suite 100, San Francisco, CA 94103.

 

END OF OFFICIAL RULES