HATCH ANGRY BIRDS GO! TURBO EDITION CONTEST OFFICIAL RULES
HATCH ANGRY BIRDS GO! TURBO EDITION CONTEST OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER. THIS IS A SKILL-BASED CONTEST. VOID WHERE PROHIBITED BY LAW.
Please read these rules (the “Rules”) before entering this Contest. By participating in this Contest, you agree to be bound by these Rules. The Contest will determine which Participant exhibits the greatest in-game skill during the Entry Period, all subject to the judgment criteria specified in Section 5 below.
The Hatch Angry Birds Go! Turbo Edition Contest (the “Contest”) is sponsored and administered by Hatch Entertainment Ltd. (“Hatch” or “Sponsor”), having its principal offices at Keilaranta 19, 02150 Espoo, Finland.
The Contest is open only to persons (each, a “Participant”) who: (i) are legal residents and are physically located and reside in a jurisdiction in which this type of contest is permitted (the “Jurisdiction”), (ii) are at least thirteen (13) years of age, and, in the case of persons age 13-18 years of age, whose parents or legal guardians have reviewed the Terms of Service (as defined below) and consented to such person’s use of the Hatch application and related services, and (iii) hold a Hatch Free or Premium account. Employees of Sponsor and its parent, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers, directors, officers, and each of their immediate family members and/or those living in the same household of each are not eligible to enter the Contest. The Jurisdiction of the Contest is South Korea.
3. ENTRY PERIOD
Entries are accepted from 13:00pm [GMT+9] on August 15, 2019, until 9:00pm [GMT+9] on September 5, 2019 (the “Entry Period”).
4. HOW TO ENTER
4.1. To enter the Contest, you must be logged into your Hatch account and play the game Angry Birds Go! Turbo Edition single player (the “Game”) during the Entry Period. Upon joining the Game during the Entry Period, you will automatically be entered into the Contest (an “Entry”), unless you are ineligible or notify us of your desire not to enter the Contest by emailing us at email@example.com.
4.2. The odds of winning depend on the number and quality of eligible Entries received.
4.3. For the avoidance of doubt, Participants may enter the Contest via the Hatch application only. You must have a Hatch Free or Premium account to participate.
4.4. Sponsor has no obligation to advise you of an incomplete or otherwise non-compliant Entry. You are solely responsible for internet connectivity, software and/or hardware that may be required in order to effect your Entry.
4.5. Entries will be deemed to be made by the person whose Hatch account is used for the posting of the Entry. In the event of a dispute relating to ownership of a winning Entry, Sponsor may require a Participant to provide proof that he or she is the authorized holder of the identified account. Sponsor shall be entitled to use its best judgment, in its sole and absolute discretion, to determine the rightful owner of the winning Entry, and each Participant hereby remises, releases and discharges the Sponsor, to the fullest extent permitted by law, from all liabilities, obligations, claims and demands whatsoever arising out of any such determination of the rightful owner of the winning Entry by Sponsor.
4.6. Each Participant may effect only one unique Entry per Contest. The uniqueness of an Entry shall be determined in the sole discretion of a panel of judges comprised of qualified individuals who are Sponsor’s employees and/or authorized representatives (the “Judges”). In the case of two or more Entries that are determined by the Judges to be substantially similar, whether from one Participant or from different Participants, the Entry with the earliest entry time shall remain an eligible Entry and the other Entry or Entries shall be disqualified.
4.7. You are not required to “like” or follow Hatch on any social media pages or to pay any entrance fee in order to participate in the Contest or to be eligible for a Prize (as defined below), and any such action or payment will not increase or improve your chances of winning.
4.8. SPONSOR RESERVES THE RIGHT TO DISQUALIFY FROM THE CONTEST ANY ENTRY WHICH DOES NOT COMPLY WITH THESE RULES, OR FOR ANY OTHER REASON, AS SPONSOR DEEMS FIT, AT SPONSOR’S SOLE AND ABSOLUTE DISCRETION.
5. DETERMINING THE WINNERS
The Judges will select prize winners (the “Winners”) as follows:
5.1. 1st Place, 2nd Place, 3rd Place, 4th Place, 5th Place, 6th Place, 7th Place, 8th Place, 9th Place and 10th Place Winners shall be determined by the Participant’s Game performance or score as reflected in the leader boards for the Game (the “Leader Boards”). In the case that two or more Entries are tied for a position on the Leader Boards, the Winners shall be determined in the sole discretion of the Judges. Winners will be awarded the Prizes described in Section 6 below. The Winners will be announced by Hatch on September 2.
5.2. A Participant is only eligible for one Prize per Contest.
5.3. Sponsor reserves the right to refrain from declaring a Winner, if there are insufficient valid Entries that meet the criteria or comply with these Rules or otherwise at Sponsor’s sole discretion.
6.1. The Winners will be awarded “Prizes” as follows:
6.1.1. Each Winner will receive a prize as follows (each, a “Prize”):
1st Place (total of 1 winner): Drone + collectible and plush toys
2nd – 10th Place (total of 9 winners): Collectible and plush toys
6.2. Each Prize is non-transferable, with no additional cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All Prize details not specified in these Rules will be determined in Sponsor’s sole and absolute discretion. Despite Sponsor’s good faith efforts, the Prizes as contemplated herein may be canceled due to circumstances beyond Sponsor’s control or due to budgetary or other restraints which will cause the Prizes to be unreasonably costly or difficult to execute. Sponsor reserves the right to substitute any Prize with a prize of comparable or greater value in its sole and absolute discretion.
6.3. The Winners will be solely responsible for all taxes according to the laws and regulations applicable in such Winner’s residence, and for any other fees, costs and other arrangements associated with the Prize which are not explicitly provided by Sponsor as set forth herein.
7. NOTIFICATION OF WINNERS AND PRIZE CLAIMING
7.1. Sponsor will announce the potential Winners to the public as described in Section 5 above, including on Hatch’s website, social media accounts and such other public relations channels, in Sponsor’s discretion, and will notify the potential Winners via e-mail (where applicable) or by any other method as Sponsor sees fit at its discretion (the “Notification”).
7.2. Sponsor has complete discretion over interpretation of the Rules and administration of the Contest. Selection of the Winners is at the complete discretion of the Judges. Decisions concerning the selection of the Winners will be final.
7.3. The potential Winners will be required to comply with all instructions provided by Sponsor within the timeframe specified in the Notifications to potential Winners.
7.6. If potential Winner fails within any indicated time period to (i) respond to any notification or communication of Sponsor, (ii) claim and collect his or her Prize (iii) comply with any request for additional information, or (iv) otherwise cooperate with Sponsor as required, Sponsor reserves the right to disqualify the Winner, refuse to provide the respective Prize to such Winner and, at Sponsor’s sole discretion, either forfeit the respective Prize or grant it to an Entry deemed by the Judges to be the runner-up in such prize category. Sponsor shall have no liability for any Notification that is lost, intercepted or not received by a potential winner for any reason.
8. PRIVACY AND CONTEST COMMUNICATIONS
9. PUBLICITY RELEASE
9.1. Except where prohibited, and subject to your prior written consent (email sufficient), Sponsor may use your name, username, photograph, any other likeness, Entry details and any other communications or comments related to the Contest (collectively, “Likeness”) for publicity purposes, in any and all media, now known or hereafter devised, without payment to you.
10. INTELLECTUAL PROPERTY
10.1. The Contest Rules, the Contest, and any promotional and marketing materials related thereto and all related web pages, content and code are the property of the Sponsor, and the Game is the property of Sponsor and/or its third party developers and providers. The copying or use of any of those materials, associated trademarks or any other intellectual property without the express written consent of the Sponsor is strictly prohibited.
10.2. By submitting content to Sponsor, including but not limited to any information concerning your Entry (such content, “Participant Content”), you represent and warrant that you own all rights in and to any Participant Content or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Participant Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such Participant Content, and that the Participant Content does not infringe upon any third-party rights. Sponsor shall have the right to determine in its sole and absolute discretion whether your Entry infringes upon any third-party rights.
10.4. Any display or publication of any Entry on Sponsor’s website or on any other channels and/or any other usage as aforesaid does not indicate in any way that the Participant will be selected as a Winner or has better chances to be selected as a Winner, and Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such use.
11. REPRESENTATIONS, WARRANTIES AND INDEMNITY
By submitting an Entry into the Contest, you represent, warrant, undertake and agree that:
11.1. You have read, understand and undertake to fully comply with these Rules.
11.2. You have the right and the legal standing to agree to and be bound by these Rules and to enter and register to the Contest.
11.3. You comply with any and all applicable laws, rules and regulations, and you have obtained all necessary permits, consents and approvals to participate in this Contest. You maintain an insurance policy and insurance coverage as appropriate and necessary for the participation herein.
11.4. You agree to indemnify, hold harmless the Released Parties from any and all claims, actions, proceedings, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part by your participation in, or preparation for, the Contest, Contest-related activity, your Entry or resulting from the acceptance, possession, quality, execution, utilization or misuse of a Prize (or any portion thereof within the scope of such Prize), or any activity related thereto, including any claims, actions or proceedings arising out of alleged infringement of third-party intellectual property rights by your Participant Content.
11.5. You are solely responsible for your Entry and your Entry and the consequences of Sponsor using or publishing such Entry as stipulated herein.
11.6. The Entry was taken or created by you and you own all rights and title, or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, as necessary to participate in the Contest, to comply with the Rules and enable Sponsor, to use it as indicated in these Rules.
11.7. Your Entry and all elements and content that appear in your Entry do not and will not infringe the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
11.8. The Entry does not violate the Rules or any applicable laws, rules and regulations and does not contain any content which is unlawful for you to possess, post or disseminate in the country in which you reside, or which would be unlawful for Sponsor to use or possess in connection with the Contest, or which violates any contractual or fiduciary rights, duties, or agreements by which you are bound.
11.9. Should you win a Prize, you further represent and warrant and agree:
11.9.1. To fully cooperate with Sponsor, be available for interviews, and provide information and access to elements featured within your Entry, which Sponsor may need in connection thereto (the “Entry Element(s)”). Should the display of any Entry Element require the consent of any third party, you shall be responsible to (i) inform Sponsor of the need to such consent and (ii) obtain such consent in writing.
11.9.2. You shall provide Sponsor with additional details relating to your Entry, including your personal details and biography and other details as shall be reasonably requested by the Sponsor.
11.9.3. You shall post links and posts on social media platforms in connection with the Contest as requested by Sponsor. Such posts (i) must not contain false or misleading statements regarding Sponsor, (ii) will comply with any marketing guidelines Sponsor provides to you, and (iii) will comply with all applicable laws, rules and regulations.
11.9.4. You shall keep in strict confidence your winning and not disclose to any third party any detail related to a Prize and/or your selection as the Winner, until your winning is announced publicly, as specified in Section 7.1 above.
11.9.5. You shall promptly and fully cooperate with Sponsor in connection with any requests and requirements Sponsor may present you regarding your execution of a Prize and usage of your Participant Content and Likeness, including, without limitation, requests to limit the publication or distribution of the Entry and/or any of the Participant Content or Likeness to any specific media or channels, or to remove the Participant Content or Likeness entirely from any media.
11.9.6. If Winner fails within any indicated time period to comply with Section 11.9 or otherwise cooperate with Sponsor as required, Sponsor reserves the right to disqualify the Winner and refuse to provide the Prize to the Winner and either forfeit the Prize or grant it to a runners-up potential winner, at Sponsor’s sole discretion.
12.1. If Sponsor is prevented from continuing with the Contest by any event or cause beyond its control, e.g., events of nature, interference by humans, non-humans or entities unrelated to Sponsor (including but not limited to DDoS attacks, bot/script attacks, or heavy volume use that crashes or severely hinders access to the Contest) and/or acts of government, Sponsor shall have the right to modify, suspend or terminate the Contest. Additionally, Sponsor shall have the right to suspend, modify or terminate the Contest as may be reasonably required in order to comply with these Rules and any applicable law, or otherwise at Sponsor’s sole discretion. The Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor.
12.2. If the Contest is terminated, the Sponsor, in its sole and absolute discretion, may select Winners from all eligible Entries received prior to termination, or forfeit any Prize, at its sole discretion.
13.1. Sponsor will disqualify any individual that attempts to damage, tamper with or undermine the content or legitimate operation of the Contest.
13.2. Any attempt to deliberately damage any website associated with this Contest or undermine the content or legitimate operation of this Contest may be a violation of criminal and civil laws and should such an attempt be made, Sponsor will disqualify any participant responsible for the attempt, and Sponsor and/or its agents reserve the right to seek damages (including attorneys’ fees) and other remedies from any person or persons responsible for the attempt to the fullest extent permitted by law.
13.3. Entries generated by a script, macro or other mechanical or automated means will be disqualified.
14. GOVERNING LAW
All issues arising out of or relating to the Contest and these Rules, whether in contract or tort, shall be governed exclusively by, and construed in accordance with, the laws of Finland, without giving effect to any choice of law or conflict of law rules.
In the event that you are a consumer residing in the EU, and a conflict concerning these Rules cannot be resolved by you and Hatch in amicable negotiations, you may also resort to your local national dispute resolution body for consumer disputes. You may find the full list of competent dispute resolution bodies in your jurisdiction here: https://webgate.ec.europa.eu/odr. Alternatively, you may also use the Online Dispute Resolution Platform available here: http://ec.europa.eu/odr for resolving a consumer dispute.
If the laws of the country in which you live prohibit Hatch from enforcing these governing law provisions, nothing in these Terms will limit your rights based on your local governing laws. In addition, nothing in these Terms will prevent you from starting legal proceedings in the local courts of your home country.
15. LIMITATION OF LIABILITY/DISCLAIMER OF WARRANTIES
15.1. BY ENTERING THE CONTEST, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY CLAIMS BY YOU WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK EQUITABLE RELIEF.
15.2. YOU UNDERSTAND AND AGREE THAT EACH PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. SPONSOR AND RELEASED PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF PERFORMANCE, QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE PROMOTION OF EACH PRIZE WILL RESULT IN ANY PARTICULAR AMOUNT OR LEVEL OF REVENUE OR INCOME.
15.3. YOU UNDERSTAND AND AGREE THAT PARTICIPATION IN THIS CONTEST (AND, IN CASE YOU ARE A WINNER, YOUR PARTICIPATION AND EXECUTION OF THE PRIZE) IS AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND THAT SPONSOR AND RELEASED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY ELEMENT OF THIS CONTEST OR ANY PRIZE. SPONSOR AND RELEASED PARTIES DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.
15.4 THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
16.1. All Participants must bear all expenses incurred by them in connection with participation in the Contest (including, without limitation, the costs associated with Internet access).
16.2. Participants submitting documents and/or information to receive a Prize to the Sponsor shall be responsible for their authenticity and accuracy.
16.3. The invalidity of any provision of these Rules will not affect the validity of any other provision. In the event that any provision of the Rules is determined to be unenforceable, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid provision was not contained here. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver.
16.4. Sponsor’s computer is the official timekeeping device for the Contest.
16.5. Headings are solely for convenience and will not be deemed to affect the meaning of this document.