The “BioShock Infinite Figure” Promotion
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Promotion may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Promotion is governed exclusively by the laws of the United States. You are not authorized to participate in the Promotion if you are not located within the 50 United States or the District of Columbia.
1. How to Enter. After 12PM ET on December 26, 2012, follow Sponsor’s tweets at https://twitter.com/IrrationalGames (each a “Sponsor Tweet”) and respond to the Sponsor Tweet designated as an entry point for this Promotion during the Promotion Period. To enter, entrants must have a Twitter account. Sponsor will select one (1) winner(s) via random selection who will receive NECA™ Series 1 Figure Set including Elizabeth and Boys of Silence Figures. All entrants must have a valid email address.
Limit one (1) entry per person/email address per Promotion. If it is discovered that you attempted to enter more than permitted, all of your entries will be void. No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. All content featured in the entry must be created originally by entrant. By entering, you warrant and represent that you are authorized to grant Sponsor the right and permission to use the Entry. You further confirm that no permission of any kind is required from any party other than you and Sponsor and its partners in order for Sponsor or its partners to make such use, and consent to the foregoing. Delivery of prizes requires a street address (no P.O. Boxes). Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries or mail, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
2. Start/End Dates. Promotion begins after December 26, 2012 at 12PM ET and ends at December 27, 2012 at 12PM ET (“Promotion Period”).
3. Eligibility. Participation open only to legal residents of the 50 United States and the District of Columbia, who are 13 or older as of date of entry. Void in Puerto Rico, and where prohibited, taxed or restricted by law. United States entrants who are minors must have permission from their parents or legal guardians in order to participate.
Employees, officers and directors of Irrational Games (“Sponsor”), and its parent company, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of Promotion materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers, directors are not eligible to enter. Promotion may only be entered in or from the 50 United States or the District of Columbia, and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in the Promotion if you are not located within the 50 United States or the District of Columbia. All federal, state and local laws and regulations apply.
4. Winning: Sponsor shall select one (1) winner(s) via random selection, on Thursday, December 27, 2012. A total of 1 winner(s) throughout the Promotion Period. ARV of each Prize: $40.00 ARV of all Prizes combined: $40.00. Winners will be notified on-line within 24 hours of their winning status. If any prize is returned as undeliverable, the prize will be forfeited. Upon prize forfeiture, no compensation will be given. Limit one prize per person, per email. Oncethe winner has been determined, the Promotion will be over, and no other prizes will be awarded. Odds of winning depend on the number of entrants. By entering the Promotion, entrants fully and unconditionally agree to be bound by these rules, which will be final and binding in all matters relating to the Promotion. All unspecified expenses are the responsibility of winner(s). Prize is non-transferable. No substitutions or cash redemptions. In the case of unavailability of prize, Sponsor reserves the right to substitute a prize of equal or greater value.
5. Conditions. All applicable federal, state and local taxes are the sole responsibility of the winner. Participation in Promotion and acceptance of prize constitutes winner’s permission for Sponsor to use his/her name, address (city/state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by winner regarding the Promotion or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winner agree to release and hold harmless Sponsor, its partners, advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death, which may occur in connection with, preparation for, travel to, or participation in Promotion, or possession, acceptance and/or use or misuse of prize or participation in any Promotion-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Promotion cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Promotion in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
6. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Promotion, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Promotion or downloading any materials in this Promotion.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) virus, bugs, non-authorized human intervention, cheating, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor may select, in its sole discretion, the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Only the number of prizes stated herein will be awarded. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion or Site. Sponsor may prohibit an entrant from participating in the Promotion, or any other Sponsor promotion, or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives (collectively referred to herein as “Cheating”).
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Disputes. Except where prohibited, as a condition of participating in this Promotion, entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, or the determination of winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (e.g., costs associated with entering this Promotion), and entrant further waives all rights to have damages multiplied or increased.
9. Governing Law and Jurisdiction. This Promotion is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Arbitration Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York, County of New York.
10. Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or this Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
11. Winner’s List. A list of winners will be posted at https://twitter.com/IrrationalGames no later than December 28, 2012 and until January 11, 2013. For a copy of the winners list, send a stamped, self-addressed, business-size envelope after December 28, 2012 and before January 11, 2013 to Sponsor at the address listed below, Attn: BioShock Infinite Figures Promotion Winners List. To obtain a copy of these rules, visit https://twitter.com/IrrationalGames or send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: BioShock Infinite Figures Promotion Rules Request.
12. Sponsor. Irrational Games, P.O. BOX 690412 Hancock Street, Quincy MA 02269.
NECA is a trademark of National Entertainment Collectibles Association, Inc. and is not an official sponsor of this promotion.
© 2012 Irrational Games. All rights reserved.