PREMIUM MISSION CONTEST #517 ("Promotion")
OFFICIAL RULES ("Rules") — 5/17/10 – U.S. & Canada
Last Revised: May 11, 2010
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING A PRIZE.
Tetris Online, Inc. ("Sponsor") is offering this Promotion ("Promotion"). 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. Two (2) ways to enter:
(a) Premium Mission Purchase: You may enter the Promotion by purchasing a Premium Mission through the tetrisfriends.com website. Each purchase of a Premium Mission will give you one entry to the random drawing for the Contest. You may purchase as many premium missions (each a "Mission") as you wish during the Promotion Period. If you complete a Mission during the Promotion Period, you will receive one bonus entry into the random drawing for the Contest. Note, the completed Mission must have been purchased and completed during the Promotion Period. Any Premium Mission purchased prior to the Promotion Period will not qualify. If you collected all twenty (20) Premium Mission badges offered by Sponsor before the Promotion Period and therefore cannot purchase a Premium Mission during the Promotion Period, you may enter by emailing Sponsor (email@example.com) from your registered user email address during the Promotion Period. In your email, please specify that you are requesting an entry into "Premium Mission Contest #517" because you collected all twenty Premium Mission badges. Only one such entry by email may be made by an eligible registered user.
(b) Alternative method of entry: You may enter the random drawing by hand–printing, on an approximately 3x5 card or piece of paper, your first name, last name, home address (no P.O. Box numbers), apt./suite, city, state/province/territory, zip/postal code, country, email address, home phone number, and mobile phone number (if applicable) and mailing your entry, in a #10 business sized envelope with proper postage affixed, to: Tetris Online, Inc., ATTN: "PREMIUM MISSION CONTEST #517", 55 Merchant Street, 17th Floor, Honolulu, Hawaii 96813, USA. All mailed entries must be postmarked no earlier than Monday, May 17, 2010 and no later than Monday, May 24, 2010, and must be received by Sponsor on or before Monday, May 31, 2010. No mechanically reproduced, photocopied or computer–generated mail–in entries allowed. You may enter as often as you wish, but limit one (1) mail–in entry per outer mailing envelope.
4. 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 Mission 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, Mission 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 Mission purchase or game play or winner notification, or the destruction of or unauthorized access to, or alteration of, any Mission 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 Mission 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.
5. 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 qualify for the prize drawing in accordance with these Rules during the Promotion Period. On or about June 7, 2010, in Honolulu, Hawaii, Sponsor will conduct a random drawing to select the potential prize winners from among all qualifying entrants combined with all eligible mail-in entries received.
- ο 1st Place: iPad – 32 GB (approx. US $599.99 retail value)
- ο 2nd Place: iPod Touch – 8GB (approx. US $181.99 retail value)
- ο 3rd Place: iTunes Gift Card – US $50 retail value
No prize transfers, assignments, redemptions for cash 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. If the potential winner entered online, the prize will be awarded only to the authorized account holder of the email account associated with the selected entry.
7. Sponsor’s decisions in all matters relating to eligibility (including without limitation whether a Mission was completed), prize fulfillment and all other aspects of this Promotion shall be final, binding and non-appealable in all respects. The potential prize winners in this Promotion must comply fully with each applicable provision of these Official Rules in order to be eligible to receive his/her prize. If potential prize winner entered online, Sponsor will attempt to notify potential prize winner of his/her selection by email at the email address supplied at the time of initial entry within approximately ten (10) days after the date of the above-described drawing. If potential prize winner entered via mail, Sponsor will attempt to notify potential prize winner of his/her selection by email at the email address supplied by the entrant on his/her postcard entry or, in Sponsor’s sole discretion, by postal mail and/or telephone at the address/phone number provided on his/her entry. If: (a) the potential prize winner is found to be ineligible for any reason; or (b) if the potential prize winner fails to respond to any prize notification from Sponsor, or to complete, sign and return an Affidavit of Eligibility, Liability Release, tax documents, and (where legal) a Publicity Release, within twenty-one (21) days; or (c) the potential prize winner fails to comply with each applicable provision of these Official Rules; or (d) the notification to the potential prize winner is returned as undeliverable; or (e) the potential prize winner cannot accept his/her prize in accordance with the provisions of these Rules, then (i) the potential prize winner will forfeit all rights to receive the prize; (ii) Promotion Entities shall be relieved of any and all further obligations or liability to the potential prize winner; and (iii) Promotion Entities shall have the right (but not the obligation) to select an alternate potential prize winner by means of a subsequent random drawing conducted by Sponsor (or its designee) from among all remaining qualifying players combined with all eligible mail-in entries received.
8. 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.
9. 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.
10. For the name of the prize winners for this Promotion (available after prize is awarded), send a self-addressed, stamped #10 size envelope, postmarked on or before July 30, 2010, to Tetris Online "Premium Mission Contest #517" WINNER LIST, 55 Merchant Street, 17th Floor, Honolulu Hawaii 96813, USA. Winner information will be mailed after the winner has been confirmed. Residents of Canada may omit return postage.
11. Any questions, comments or complaints regarding this Promotion shall be submitted to the Sponsor (ATTN: "Premium Mission Contest #517") at the appropriate address listed below.
Sponsor: This Promotion is sponsored solely by Tetris Online, Inc., 55 Merchant Street, 17th Floor, Honolulu HI 96813.