ARENA CHALLENGE PROMOTION ("Promotion")
U.S. & Canada
Last Revised: July 26, 2010
Tetris Online, Inc. ("Sponsor") is offering this Contest ("Contest"). Sponsor, The Tetris Company LLC, and their affiliates shall be referred to collectively as the "Promotion Entities"
1. This Promotion is open solely to legal residents of the 50 United States, the District of Columbia ("D.C."), and Canada (except Quebec) who (a) presently are located and living in one of the jurisdictions listed above (b) are 13 years of age or older as of the time of entry (19 or older if a resident of Alabama or Nebraska in the U.S., or a resident of British Columbia, Newfoundland, Nova Scotia or the Territories in Canada), and (c) have an active and valid e–mail address at time of entry. The Promotion is void in Quebec, outside the eligible jurisdictions listed above, and wherever prohibited by law. Employees of Promotion Entities, their respective parent companies, affiliates, subsidiaries, agents, promotion, marketing and advertising agencies, and certain other companies with which Sponsor does business and members of their immediate families (defined for these purposes as including spouses, biological or step–parents, children, siblings, grandparents, grandchildren, aunts and uncles, and each of their respective spouses, regardless of whether living in the same household) or households (regardless of whether related) of any of the above persons, are NOT eligible to participate in this Promotion or to receive the prize hereunder. Proof of eligibility may be required.
3. This Promotion consists of an online game of pure skill and contains no element of chance. Thus, when participating in a tournament with other Participants, your speed and skill in playing the game is assessed against other Participants, and the winner will be the Participant who, through skill and judgment, wins the appropriate number of matches in a head–to–head battle. Participants in the Arena Challenge will be matched according to similar skill ranges.
4. You may enter the Promotion by purchasing the Standard Ticket Item or Premium Ticket Item for Participation in the Arena Challenge through the tetrisfriends.com website. You may exchange five hundred (500) Tokens in your account for one (1) Standard Ticket Item.
5. Once Participants have purchased the Standard Ticket Item or Premium Ticket Item the Game will automatically match two Participants in the similar skill range to send into battle (i.e., tournament–style round of play). The first Participant to win two (2) games will win the "Match." When a Participant wins five (5) Matches during the Promotion Period, they will earn a prize according to the type of Ticket Item they purchased. If a Participant does not complete the Contest by the end of the Promotion Period, their ticket purchase may be carried over to the next week’s Challenge, in Sponsor’s sole discretion.
6. Credit for participation in the Contest will be given to the authorized account holder of the email account used to participate in the Contest, provided that such person otherwise meets each of the eligibility requirements of these Rules. "Authorized account holder" means the natural person who was assigned the e–mail address by an internet access provider, service provider or other online organization that is responsible for assigning e–mail addresses for the domain associated with the submitted e–mail address. If potential winner entered online, he/she may be required to provide proof to Sponsor that he/she is the authorized account holder. Promotion Entities hereby specifically reserve the right to invalidate any and all Arena Challenge purchases, game plays and completions that are made through any robotic, automatic, mechanical, programmed or similar entry duplication method or through fraud or in any manner that Sponsor deems to be in violation of these Rules, and to disqualify the individual(s) using such a method from participating further in this Promotion and/or receiving a prize hereunder. By entering, each participant in this Promotion, regardless of entry method used to participate, hereby agrees to irrevocably release, indemnify and hold harmless the Promotion Entities, each of their respective parent companies, affiliates, subsidiaries, advertising, marketing and promotion agencies, and the officers, directors, employees, designees and agents of each of the foregoing (collectively, the "Released Parties"), from and against any and all claims, actions, causes of action, demands, judgments, liability, injuries, damages, losses, costs and expenses (collectively, "Claims") arising out of or relating to, directly or indirectly, in whole or in part, any of the following: (a) participation of participant in this Promotion ; (b) the acceptance, possession or use/misuse of prize (if applicable) by participant; (c) electronic transmissions, Arena Challenge purchases or game plays or mailed entries that are lost, late, stolen, incomplete, illegible, indecipherable, inaccurate, damaged, garbled, destroyed, misdirected, postage–due or not received or processed by Sponsor for any reason; (d) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of any Arena Challenge purchase or game play or winner notification, or the destruction of or unauthorized access to, or alteration of, any Arena Challenge purchase or game play or winner notice; (e) failed or unavailable hardware, network, software or telephone transmissions, damage to participants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that may jeopardize the administration, security, fairness, integrity, safety or proper conduct of this Promotion; (f) any Arena Challenge purchase or game play made in a manner that is not expressly allowed under these Rules; (g) incorrect or inaccurate information regarding game play or scoring, whether caused by participants or by any of the equipment or programming associated with or utilized in this Promotion; (h) any typographical or other error of any kind in any printing, advertising or other materials related to this Promotion (in the administration or execution of this Promotion, or in the announcement of prize/prize winner; or (i) cheating or fraud by any participant. SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OR EXCLUSIONS OF LIABILITY LISTED ABOVE. NOTHING IN THESE RULES SEEKS TO LIMIT OR EXCLUDE LIABILITY WHERE NOT PERMISSIBLE UNDER LOCAL LAW. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR PROHIBITIONS REGARDING SUCH LIMITATIONS AND EXCLUSIONS. If for any reason the Contest portion of this Promotion cannot be executed as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause(s) beyond the control of Sponsor that may corrupt or affect the security, administration, fairness, integrity, safety or proper conduct of this Promotion, or if this Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor hereby specifically reserves the right, exercisable at any time by Sponsor in its sole discretion, to terminate, suspend or modify the Contest portion of this Promotion. If the Contest is terminated before the scheduled conclusion date of the Promotion Period as stated herein, then Sponsor will select the potential prize winners in a random drawing from among all eligible, non–suspect entrants as of the date and time of such termination, combined with all eligible mail–in entries received as of the scheduled conclusion date of the Promotion Period. In the event a Canadian resident is selected, he/she must correctly answer a time–limited mathematical skill–testing question in order to win a prize. Promotion Entities hereby reserve the right, exercisable at any time in their sole discretion (and without limitation of any and all other legal and/or equitable rights and remedies that may be available), to disqualify from this Promotion and to prosecute any individual(s) who is (are) found to be tampering with or attempting to tamper with the Promotion process or any part of this Promotion. CAUTION: ANY ATTEMPT BY ANY PERSON(S) DELIBERATELY TO DAMAGE ANY WEB SITE OR OTHERWISE TO CORRUPT THE PROMOTION OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR HEREBY SPECIFICALLY RESERVES THE RIGHT TO DISQUALIFY (FROM THIS PROMOTION), PROSECUTE AND SEEK DAMAGES FROM AND AGAINST ANY SUCH PERSON(S) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW
7. If no individual qualifies for a prize, then the prize will not be awarded. Odds of winning a prize depend on the number of players who participate in the Arena Challenge Contest in accordance with these Rules during the Promotion Period.
The Prizes shall be the amount of Tokens or Rubies as set forth on the Arena Challenge Contest Ticket Purchase Page on the tetrisfriends.com website.
Please note that prizes awarded (Tokens and Rubies) are Virtual Currency and Virtual Goods, also known as in–game currency. Virtual Currency and/or Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from Tetris Online or any other party.
No prize transfers, assignments, redemptions or substitutions of any kind will be allowed, except as provided herein. Sponsor may substitute a prize (or any component thereof) with a different prize (or prize component) of equal or greater value in Sponsor’s sole discretion. All applicable income taxes (if any) in connection with any prize awarded in this Promotion are the sole and full responsibility of the prize winner. All other details of any prize that are not set forth specifically above shall be determined at Sponsor’s sole discretion.
9. By participating, each Participant in this Promotion agrees that the Promotion Entities and their respective promotion/advertising agencies, and each of their respective parent companies, affiliates and subsidiaries, and the officers, directors, partners, principals, partnerships, employees and agents of each of the foregoing, shall have no liability whatsoever for, and shall be held harmless from and against, any injuries, losses or damages of any kind to persons or property, including without limitation death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of the prize or any component thereof (if applicable), or participation in this Promotion or participation in any Promotion –related or prize–related activities, and further acknowledge that said parties, to the extent allowed by law, 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 prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. As a condition of entering, Participants agree that (1) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives, all rights to claim punitive, incidental, consequential or any other damages, other than for actual out–of–pocket expenses; (2) the Promotion will be governed by the laws of the State of Hawaii, without regard to conflicts of laws principles, and all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action and shall be brought in a court of competent jurisdiction in the State of Hawaii applying Hawaii law; and (3) any and all claims, judgments and awards shall be limited to actual out–of–pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney’s fees.
10. The potential prize winner in this Promotion (unless a resident of TN) hereby irrevocably agrees that upon acceptance of the prize, the Promotion Entities may use the winner’s name, city and jurisdiction of residence, likeness (photographic or simulated) and/or voice for any and all advertising, marketing, promotion, public relations or other business operations or trade purposes whatsoever, in any and all media (whether now known or hereafter devised) throughout the world, in perpetuity, without any restrictions, further notice, approval, or further payment or compensation of any kind or amount. By participating in this Promotion, each player hereby irrevocably agrees to be bound by each provision of these Official Rules and each decision of the Sponsor, which shall be final, binding and non–appealable in all respects.