“KONGREGATE WARTUNE LEVEL UP LOAD UP SWEEPSTAKES”
SPONSORED BY GAMESTOP, INC.
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA, GUAM AND PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.
Entry Period: The “Kongregate Wartune Level Up Load Up Sweepstakes” (“Sweepstakes”) commences at 12:00 AM CT on April 11, 2013 and ends at 11:59 PM CT on May 2, 2013 (“Sweepstakes Period”). All entries must be received or postmarked by May 2, 2013. All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final.
Eligibility: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia, Guam and Puerto Rico. Entrants must be at least 13 years of age at time of entry. Entrants who have not yet reached the age of majority in the jurisdiction in which they reside (“Minors”) must obtain parental or legal guardian consent to be eligible to enter Sweepstakes. Employees of GameStop, Inc. (“GameStop” or “Sponsor”), The Marketing Arm, Inc. (“Administrator”) and Kongregate, and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of Sweepstakes, and their respective agents, employees, officers, directors, successors and assigns, together with the Sponsor and Administrator (“Sweepstakes Entities”), and their immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, stepchildren and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to enter Sweepstakes. By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agree to release and hold harmless Sweepstakes Entities from and against any and all claims, injury or damages arising out of or relating to participation in the Sweepstakes and/or the use, misuse or redemption of the Prizes (hereinafter defined), and for any claim, including claims based on defamation, publicity rights and invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action.
To Enter: There are two (2) ways to enter Sweepstakes. There is a limit of a total of four (4) entries per person regardless of entry method. These four (4) entries can be achieved via one or a combination of the below entry methods.
To Enter via Kongregate: To enter via this method, entrant must, during the Sweepstakes Period, visit www.kongregate.com/Wartune (“Website”), register to become a Kongregate Member, if entrant is not already a Kongregate Member, and play the online game Wartune (“Game”) on the Website. Entrant will automatically receive one (1) entry into Sweepstakes for registering on Website and/or playing the Game. If the entrant reaches level 10 in Game play, then entrant will automatically receive one (1) additional entry into Sweepstakes. If entrant reaches level 20 in Game play, then entrant will automatically receive two (2) additional entries into Sweepstakes. Entrant must be a registered user of Kongregate to enter via this method of entry. Entrant can become a registered user of Kongregate by registering for free with Kongregate.com. Entrant must be in compliance with the Kongregate Terms of Use.
To Enter by Mail: No purchase is necessary to enter via this method. Print your full name, phone number, email address and mailing address on a 3”x5” card, insert card in envelope, affix proper postage and mail to: Kongregate, Attention: “Kongregate Wartune Level Up Load Up Sweepstakes”, 2 Shaw Alley, Suite 400, San Francisco, CA 94105. Entrant can enter four (4) times via this method of entry but each entry must be mailed separately. Sponsor is not responsible for lost, late, damaged, misdirected or postage due mail entries. Mail entries must be postmarked by May 2, 2013 and received by May 9, 2013.
All information submitted by entrants is subject to and will be treated in a manner consistent with Kongregate’s Terms of Use accessible at http://www.kongregate.com/pages/terms and Sponsor’s Privacy Policy accessible at http://www.gamestop.com/gs/help/privacypolicy.aspx. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
There is a limit of four (4) entries per person. There is a limit of one (1) prize per person. If it is suspected that an entrant submits more than four (4) entries, only four (4) entries will be considered. In the event of a dispute over the identity of the person who submitted a winning online entry, the “authorized account subscriber” of the e-mail account used to participate in the Sweepstakes at the actual time of entry will be deemed to be the entrant. The “authorized account subscriber” for online entries is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event a winning account selected is a joint account, a total of one (1) Prize will be awarded in the name of the primary account holder. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be requested by Sponsor.
All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries”. All entries become the sole and exclusive property of Sponsor. Entries will not be returned and receipt of entries will not be acknowledged. Proof of entry submission will not be deemed to be proof of receipt of entry by Sponsor.
The odds of becoming a Sweepstakes Winner depend on the total number of Eligible Entries received during the Sweepstakes Period. Many will enter. Only one-hundred seventy-two (172) will win.
Prizes:
Grand Prizes: There will be two (2) Grand Prize Winners. Each Grand Prize Winner will receive: (i) one (1) $2,000 Game Stop gift card (All conditions and restrictions pertaining to any Game Stop gift card apply); and (ii) $500 in Kongregate Kreds (Kongregate virtual currency), collectively the (“Grand Prize”). The total approximate retail value (“ARV”) of each Grand Prize is $2,500.
First Place Prizes: There will be twenty (20) First Place Winners. Each First Place Winner will receive: (i) one (1) $100 Game Stop gift card (All conditions and restrictions pertaining to any Game Stop gift card apply): and (ii) $50 in Kongregate Kreds (Kongregate virtual currency), collectively the (“First Place Prize”). The total ARV of each First Place Prize is $150.
Second Place Prizes: There will be fifty (50) Second Place Winners. Each Second Place Winner will receive: (i) one (1) $25 Game Stop gift card (All conditions and restrictions pertaining to any Game Stop gift card apply); and (ii) $25 in Kongregate Kreds (Kongregate virtual currency), collectively the (“Second Place Prize”). The total ARV of each Second Place Prize is $50.
Third Place Prizes: There will be one-hundred (100) Third Place Winners. Each Third Place Winner will receive $10 in Kongregate Kreds (Kongregate virtual currency), the (“Third Place Prize”). The total ARV of each Third Place Prize is $10.
The Grand Prize, First Place Prize, Second Place Prize and Third Place Prize will collectively be referred to herein as (“Prize” or “Prizes”). The Grand, First, Second and Third Place Winners will hereinafter collectively be referred to as (“Winner” or “Winners”). The total ARV of all of the Prizes is $11,500. The ARVs are subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARVs and the actual values, if any, will not be awarded.
By participating in Sweepstakes, each Winner (hereinafter defined) grants the right to Sponsor to record, videotape and photograph the Winner (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, voice, conversation and any other attributes of the Winner’s personality and appearance, individually or with others, in whole or in part, in conjunction with other material, in any and all media now known or hereafter devised, for the purpose of trade, advertising, promotion or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
Winner Selection and Notification: The one-hundred seventy-two (172) Winners will be selected by Administrator in a random drawing from among all of the Eligible Entries received on or about May 15, 2013. Administrator and/or Kongregate will attempt to contact the potential Winners via the email address provided at time of entry or telephone number if no email address is provided. No messages will be left on answering machines or voicemail systems. If a potential Winner cannot be reached directly or does not respond to the email within five (5) days from the date the email was sent, the potential Winner will be disqualified and an alternate potential Winner will be selected in a random drawing from among the remaining applicable Eligible Entries received. If a potential Winner otherwise is disqualified or becomes ineligible, Winner privileges will be terminated, the Prizes will be forfeited and an alternate Winner will be selected in a random drawing from among the remaining Eligible Entries. The Prizes, or Prize documents, will be delivered to Winner’s residence, or some other address as may be requested by Winner, on or about June 3, 2013.
Winner Verification:
Grand Prize Winner Verification: To be eligible to be declared a Grand Prize Winner and to receive the Grand Prize, the potential Grand Prize Winners must confirm acceptance of the Grand Prize within three (3) days of being notified of being a potential Grand Prize Winner, and must sign (his or her parent/legal guardian if potential Grand Prize Winner is a Minor), and return to Sponsor and/or Administrator, within three (3) days of receipt of such documents from Administrator or Sponsor, (which will be sent to potential Grand Prize Winners via email) an Affidavit of Eligibility and Release that: (a) releases Sweepstakes Entities from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Grand Prize Winner’s participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or use or misuse of any Prize; and (b) except where prohibited by law, a right that grants Sweepstakes Entities the right to use potential Grand Prize Winner’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification. Entry into Sweepstakes constitutes agreement to sign such release. If a potential Grand Prize Winner does not sign this release (his or her parent/legal guardian if potential Grand Prize Winner is a Minor) and return it within the time frame specified, the potential Grand Prize Winner may be disqualified and the Grand Prize forfeited.
First, Second and Third Place Winner Verification: These potential Winners may be required to prove eligibility, including, without limitation, proof of age, residence and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification within two (2) days of being notified of being a potential Winner.
Providing potential Winners are in compliance with these Official Rules, and when required have successfully proven eligibility and/or executed any releases or documents required to be executed, potential Winners will each be determined to be a (“Winner” and collectively “Winners”). In the event of non-compliance by a potential Winner, such potential Winner shall be disqualified and all privileges otherwise due as a Winner shall be terminated and an alternate potential Winner will be chosen in a random drawing from among all of the remaining Eligible Entries received. Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules or fails to execute and return the Affidavit of Eligibility and Release and/or Publicity Release documentation within the time frame specified above.
By participating in Sweepstakes, each Winner acknowledges that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and that Winner (or his or her parent/legal guardian if Winner is a Minor) will be responsible for obtaining and paying for any form of insurance relating to the Prizes.
Each Winner must also complete any additional legal documents provided by Administrator, Kongregate or Sponsor with respect to the Prizes and return them as instructed within the time frame specified or Winner may forfeit Prizes at Sponsor’s sole discretion.
Prize Terms: The dates for fulfillment of the Prizes will be on or about June 26, 2013, but subject to change in Sponsor’s sole discretion. If for any reason any Prize is unavailable or any Prize related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Sweepstakes and award a substitute Prize, or portion of Prize, of comparable or greater value, as set forth in these Official Rules (subject to compliance with applicable law). No substitution, transfer, assignment or cash equivalent of the Prizes, or any portion thereof, is permitted by a Winner. Sweepstakes Entities shall have no responsibility or obligation to a Winner or potential Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prizes. All costs and expenses not specifically listed above as part of the Prizes, including, without limitation, any equipment to be used in connection with the Prizes, are solely Winner’s responsibility. THE PRIZES ARE PROVIDED “AS IS”. ENTRANTS ACKNOWLEDGE THAT SWEEPSTAKES ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES, INCLUDING ANY EXPRESS WARRANTIES PROVIDED BY A PRIZE SUPPLIER THAT ARE SENT ALONG WITH THE PRIZES. Arrangements for the fulfillment of the Prizes will be made by Sponsor, Administrator and/or Kongregate.
Grand Prize Winners must supply Administrator and/or Sponsor with his or her social security number for tax purposes. For any Winner residing in the United States or the District of Columbia, an IRS Form 1099 will be issued in the name of the Winner for the actual value of the Prizes granted if the actual value of the Prizes is over $600. If Winner resides in Guam or Puerto Rico they will be issued forms specific when applicable for their jurisdictions with duplicates sent to the applicable taxing authorities. All federal, state and local taxes, and any other costs and expenses associated with acceptance and/or use of Prizes not specifically provided for in these Official Rules are solely the Winner’s responsibility.
General Terms: Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any reason the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sweepstakes Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right to modify the Sweepstakes or any part of the Sweepstakes (subject to compliance with applicable law). If the Sweepstakes is terminated prior to the end date stated herein, notice will be posted on www.kongregate.com/Wartune and the Prizes will be awarded to Winners to be selected in a random drawing from among all Eligible Entries received up until and or after, if applicable, the time of modification, cancellation or termination. Sponsor reserves the right to modify and amend these Official Rules from time to time during the Sweepstakes for clarification purposes without materially affecting the terms and conditions of the Sweepstakes (subject to compliance with applicable law).
By participating in the Sweepstakes, all entrants agree to indemnify and hold harmless Sweepstakes Entities from any and all liability arising out of or relating in any way to entrant’s participation in the Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities. This includes, but is not limited to, any and all claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity.
Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected, not received, postage due mail entries, entries that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error which may occur in the processing of the entries in the Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Sweepstakes, errors in processing entries, identifying the Winners, in the announcement of the Prizes and Winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/software related to or resulting from participation or downloading any materials in the Sweepstakes. Use of any device to automate or subvert entry is prohibited. No software-generated, robotic, programmed, script, macro or other automated online entries are permitted and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated online entry; (ii) to have tampered with the entry process or the operation of the Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with the Sweepstakes; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
AS A CONDITION OF ENTERING THE SWEEPSTAKES, ENTRANT, AND ENTRANT’S PARENT OR LEGAL GUARDIAN IF ENTRANT IS A MINOR, AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED , SHALL BE RESOLVED INDIVIDUALLY—WITHOUT RESORT TO ANY FORM OF CLASS ACTION—BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN IT SOLE AND ABSOLUTE DISCRETION) IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION; AND (III) ANY AND ALL CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGEMENTS OR AWARDS INCLUDE ATTORNEYS’ FEES. THIS SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the names of the Winners must be made by July 2, 2013. The list of Winners will only include Winners with Prize values of $25 or more. Vermont residents may omit return postage if requesting a set of Official Rules. For the names of the Winners and/or Official Rules: (i) send a self-addressed stamped envelope to: The Marketing Arm Inc., “Kongregate Wartune Level Up Load Up Sweepstakes”, #140, 233 Rock Road, Glen Rock, NJ 07452; and (ii) write “Winners List” and/or “Official Rules” as applicable on the lower left hand corner of the envelope.
Sponsored by: This Sweepstakes is sponsored by GameStop, Inc., 625 Westport Parkway, Grapevine, Texas 76051. Email – help@gamestop.com.
Administered by: This Sweepstakes is administered by The Marketing Arm Inc., 1999 Bryan Street, Suite 1800, Dallas, TX 75201.
Abbreviated Legal
NO PURCHASE NECESSARY TO ENTER OR WIN
Sweepstakes is open to legal residents of the 50 United States, the District of Columbia, Guam and Puerto Rico who are at least 13 years of age
Commences on April 11, 2013 and ends on May 2, 2013
Subject to Official Rules at www.kongregate.com/pages/wartune_rules. For alternate method of entry, prize descriptions and odds of winning see Official Rules.
Sponsor: GameStop, Inc., 625 Westport Parkway, Grapevine, TX 76051
VOID WHERE PROHIBITED BY LAW