BIT HEROES QUEST DISCORD SWEEPSTAKES — OFFICIAL RULESNO PURCHASE NECESSARY TO ENTER OR TO WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. 1. AGREEMENT TO THE RULES. — By participating in the Bit Heroes Quest Discord Sweepstakes (the “Sweepstakes”), you unconditionally represent and warrant that you will comply with and abide by these official rules, including, without limitation, all eligibility requirements (the “Rules”) and that you accept and agree to the decision of Kongregate Inc. (the “Sponsor”), which shall be final and binding in all respects. 2. ELIGIBILITY. — The Sweepstakes are open to individuals who are eighteen (18) years of age or older at the time of entry and are legal residents of the fifty (50) United States or the District of Columbia. THE SWEEPSTAKES IS VOID WHERE IT IS PROHIBITED OR RESTRICTED BY LAW. Employees, officers and representatives (and Immediate Family Members and Household Members of each) of Kongregate, its parent, subsidiaries, affiliated companies, advertising and promotion agencies, and any other company involved in the design, execution or production of the Sweepstakes are not eligible to enter or win. “Immediate Family Members” means parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses of an Employee. “Household Members” means those individuals who share the same residence with an Employee at least three (3) months a year. 3. HOW TO ENTER. — To enter the Sweepstakes, you must have a valid Kongregate account or a Bit Heroes Quest ‘Hero Tag’, and a valid Discord account. To enter, you must visit https://discord.gg/bitverse, successfully complete the server verification, and ‘react’ to the Sweepstakes announcement in the “Community Events” channel of Discord to be entered into the random drawing for Prizes. From August 7, 2023 through December 31, 2023, the Sweepstakes will be conducted on a weekly basis, beginning each Tuesday at 10:00 AM Pacific Time (US) and ending each Friday at 10:00 AM Pacific Time (US) (the “Entry Period”). There is a new Sweepstakes each week. Only such Hero Tags submitted during the Entry Period for a particular week will be eligible for entry into the Sweepstakes for that same week. . No other methods of entry will be accepted. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Use of a false account will disqualify an entry. Entries are subject to any applicable restrictions or eligibility requirements listed herein. Entries will be deemed to have been made by the authorized account holder of the Kongregate username or a Bit Heroes Quest ‘Hero Tag’ submitted at the time of entry and qualification. Multiple participants are not permitted to share the same Kongregate username or a Bit Heroes Quest ‘Hero Tag’. Should multiple users of the same account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the Authorized Account Holder of said Kongregate username at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an email address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigned e-mail addresses, phone numbers or the domain associated with the submitted username or user ID. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable, the website administrator’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if found to be incomplete and/or if Sponsor determines, in its sole discretion, that multiple entries were submitted by the same entrant in violation of the Rules. 4. WINNER SELECTION AND NOTIFICATION. — Sponsor shall oversee the random drawing of the winners of the Prize for each Sweepstakes from the eligible entries (each, a “Winner,” and collectively, the “Winners”) after the Entry Period and no later than 24 hours after the end of the Sweepstakes. (“Selection Date”). Prizes will be automatically sent within one (1) week of the Selection Date to each Winner using the ‘Hero Tag’ provided by the Winner. If for some reason, there is an issue, Sponsor will attempt to notify the Winner via the direct message to the Discord account provided in the entry within one (1) week of the Selection Date. Notification of each Winner shall be deemed to have occurred immediately upon sending of the notification by Sponsor. Sponsor shall have no liability for any Winner notification that is lost, intercepted or not received for any reason. If such Winner does not respond within one (1) week after the notice is sent, Sponsor will select alternate potential Winner(s) at random from the remaining entries received. Sponsor also reserves the right, in its sole discretion, to choose alternative Winner(s) in the event that a selected Winner has been disqualified or is deemed ineligible for any reason. Each Winner must meet the eligibility requirements set forth in these Rules in order to qualify for the Prize. Limit one Prize per person for the Sweepstakes from August 7, 2023 through December 31, 2023. 5. PRIZES. — Two (2) Winners will be randomly selected to receive the Prize for each Sweepstakes, which is comprised of one (1) Bit Heroes Quest ‘Legendary Adventure Bag’ and one (1) bundle of the Bit Heroes Quest currency in the amount of 1000 Gems, with an aggregate estimated retail value of $55. The odds of winning will be based upon the number of valid entries received within the Entry Period. No more than the stated number of prize(s) will be awarded, and all prize(s) listed above will be awarded. Actual retail value of the Prize may vary due to market conditions. The difference in value of the Prize as stated above and value at time of notification of the Winner, if any, will not be awarded. No cash or prize substitution is permitted, except at the discretion of Sponsor. The Prize is non-transferrable. If the Prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute Prize of equal or greater retail value will be awarded; provided, however, that if a Prize is awarded but remains unclaimed or is forfeited by the Winner, the Prize may not be re-awarded, in Sponsor’s sole discretion. In the event that more than the stated number of prize(s) becomes available for any reason, Sponsor reserves the right to award only the stated number of prize(s). ANY AND ALL FEDERAL, STATE AND/OR LOCAL TAX LIABILITY RESULTING FROM A WINNER’S RECEIPT OF THE PRIZE IS THE RESPONSIBILITY OF THE WINNER. EXCLUDING ONLY APPLICABLE MANUFACTURERS’ WARRANTIES, THE PRIZE IS PROVIDED TO THE WINNER ON AN “AS IS” BASIS, WITHOUT FURTHER WARRANTY OF ANY KIND. SPONSOR HEREBY DISCLAIMS ALL FURTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO THE PRIZE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 6. GRANTS OF PERMISSION. — BY ENTERING THE SWEEPSTAKES, EACH WINNER GRANTS THE SPONSOR PERMISSION TO USE HIS OR HER KONGREGATE USERNAME OR GAME USER ID AND, TO THE EXTENT SUBMITTED AS PART OF THE SWEEPSTAKES ENTRY, LIKENESS FOR ADVERTISING, PUBLICITY OR OTHER PURPOSES OR ON A WINNER’S LIST, IF APPLICABLE, IN ANY AND ALL MEDIA WHETHER NOW KNOWN OR HEREINAFTER DEVELOPED, WORLDWIDE AND IN PERPETUITY, WITHOUT ADDITIONAL CONSENT OR COMPENSATION, EXCEPT WHERE PROHIBITED BY LAW. By entering the Sweepstakes, entrants consent to receive notification of future promotions, advertisements or solicitations by or from Sponsor and/or Sponsor’s parent companies, affiliates, subsidiaries and business partners, via email or other means of communication. 7. LIMITATION OF LIABILITY. — BY ENTERING THE SWEEPSTAKES, ENTRANTS, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND REPRESENTATIVES, RELEASE AND HOLD THE SPONSOR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, UNITS AND DIVISIONS, AND THE CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, AND ALL THOSE ACTING UNDER THE AUTHORITY OF THE FOREGOING, OR ANY OF THEM (INCLUDING, BUT NOT LIMITED TO, ADVERTISING AND PROMOTIONAL AGENCIES AND PRIZE SUPPLIERS) (EACH A “RELEASED PARTY”), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS, DAMAGES, LIABILTIES AND OBLIGATIONS OF ANY KIND WHATSOEVER (COLLECTIVELY, THE “CLAIMS”) WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH ENTRANT EVER HAD, NOW HAVE, OR HEREAFTER CAN, SHALL OR MAY HAVE, AGAINST THE RELEASED PARTIES (OR ANY OF THEM), INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO THE SWEEPSTAKESOR ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES(INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, COMMERCIAL APPROPRIATION OF NAME AND LIKENESS, INFRINGEMENT OF COPYRIGHT OR VIOLATION OF ANY OTHER PERSONAL OR PROPRIETARY RIGHT), AND THE RECEIPT, OWNERSHIP, USE, MISUSE, TRANSFER, SALE OR OTHER DISPOSITION OF THE PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE). All matters relating to the interpretation and application of these Rules shall be decided by Sponsor in its sole discretion. 8. DISPUTES. — If, in the Sponsor’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Sweepstakes, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Sweepstakes, the Sponsor reserves the right, in its sole discretion, to void suspect entries, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Sweepstakes and award the Prize. Any attempt to deliberately damage the Sponsor’s website(s) or undermine the legitimate operation of the Sweepstakes may be in violation of U.S. criminal and civil laws and will result in disqualification from participation in the Sweepstakes. Should such an attempt be made, the Sponsor reserves the right to seek remedies and damages (including attorney’s fees) to the fullest extent of the law, including pursuing criminal prosecution. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, or the failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to any entrant’s or any other person’s computer related to or resulting from participating or downloading any materials in connection with this Sweepstakes. Because of the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Rules or otherwise governing the Sweepstakes, and any such changes will be posted here in the Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of any provision. As a condition of participating in the Sweepstakes, entrant agrees that any and all disputes that cannot be resolved between entrant and Sponsor, and causes of action arising out of or connected with the Sweepstakes or these Rules, shall be resolved individually, without resort to any form of class action, exclusively before a court of competent jurisdiction located in San Diego, California, and entrant irrevocably consents to the jurisdiction of the federal and state courts located in San Diego, California with respect to any such dispute, cause of action, or other matter. All disputes will be governed and controlled by the laws of the State of California (without regard for its conflicts-of-laws principles). Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby irrevocably 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 (i.e., costs incurred directly in connection with entrant’s participation in the Sweepstakes), and entrant further irrevocably waives all rights to have damages multiplied or increased, if any. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY. All federal, state, and local laws and regulations apply. 9. PRIVACY. — Information collected from entrants in connection with the Sweepstakes is subject to Sponsor’s Privacy Policy, which may be found here. 10. WINNER(S) LIST. — For a list of the Winner(s), send a self-addressed stamped envelope postmarked after the Selection Date but no later than thirty (30) days after the Selection Date to the Sponsor at Kongregate Inc., 10680 Treena Street, Suite 155, San Diego, CA 92131, ATTENTION: Bit Heroes Quest Discord Sweepstakes Winners. Please indicate for which week you are requesting the name of the Winner. VT residents may omit return postage. |