NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Eligibility: Open to legal residents of Canada or the United States including the District of Columbia who are eighteen (18) years of age or older as of date of entry and have a valid, registered member account at ZAM.com (the “Siteâ€). Residents of Massachusetts and the province of Quebec, Canada are ineligible to enter or win. Employees and their immediate family members (parent, siblings, children and spouse, and persons residing in the same household whether related or not) of ZAM Network, LLC (“Sponsorâ€) and its parent and affiliated companies, subsidiaries, and advertising and promotion agencies, and all other companies associated with The Elder Scrolls Online (“ESOâ€) Prize Pack Giveaway (the “Sweepstakesâ€), and their respective agents, officers, and directors, and all individuals, including, but not limited to, consultants, independent contractors, so-called “temporary employees,†former employees and interns (and their immediate family members) who have, within the past six (6) months, performed services for Sponsor, are not eligible to enter or win. Void in Massachusetts and Quebec, Canada. Void where prohibited by law. Each entrant is referred to herein as “you†or “Entrantâ€.
2. Sweepstakes Period: The Sweepstakes begins on March 31, 2014 at 12:01 a.m. EDT and ends on April 4, 2014 at 11:59:59 p.m. EDT (the “Sweepstakes Periodâ€). Sponsor, any third party appointed by Sponsor to assist with the administration of the Sweepstakes (each, a “Sweepstakes Administratorâ€, if any), or Sponsor’s duly authorized representative shall be the determiner of all Sweepstakes-related time periods and Sponsor’s decision as to whether an entry has been received during the Sweepstakes Period shall be final.
3. How to Enter:
4. How to Win: A total of one (1) winners will be selected from all eligible entries in a random drawing to take place on or about April 5, 2014. Prize winners will be notified by email or any other appropriate method (at Sponsor’s discretion) using the contact details for the prize winner set out in such winner’s registered account for the Site or contained within their entry for the Sweepstakes within forty-eight (48) hours of said drawing. Upon receiving such a notification, winner must reply to Sponsor or Sponsor’s authorized representative (as specified in the relevant notification) within seven (7) days of said notification being sent, or Sponsor may award the prize (as defined below) to the next eligible entrant. Return of any notification or affidavit as undeliverable, the inability of Sponsor to contact a potential winner, the failure of a potential winner to contact Sponsor in a timely manner, the inability of a potential winner to accept or receive the prize for any reason, and/or the non-acceptance by a potential winner of any prize for any reason will result in disqualification of such potential winner, and an alternate winner will be selected randomly from all remaining eligible entries received. In the event that, for whatever reason, Sponsor cannot select a winner after two attempts, including, without limitation, because a potential winner does not respond, refuses to accept a prize or for any of the other reasons identified in these Official Rules, Sponsor may, in its sole discretion, continue to select randomly an alternative winner from all remaining eligible entries received or terminate the Sweepstakes.
5. Prize: One (1) winner will receive a prize pack consisting of the following: one (1) ESO Lithograph, one (1) ESO Metal Art Print, one (1) ESO Hoody, and one (1) ESO T-Shirt , for which the approximate retail value (“ARVâ€) is $350.
Odds of Winning: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
The total ARV of all prizes awarded in this Sweepstakes is: $350.
Sponsor reserves the right to adjust the pricing of its subscription services for the Site at any time, and actual subscription periods and exchange rates may vary. Awarding of a prize does not constitute the respective prize-providing entities’ affiliation with, sponsorship, or endorsement of, the Sweepstakes.
ALL FEDERAL, STATE, AND LOCAL TAXES AND FEES, INCLUDING INCOME TAX, SALES TAX, AND LICENSE FEES, AND ANY OTHER EXPENSES ARISING OUT OF THE RECEIPT AND USE OF THE PRIZES, ARE SOLELY THE RESPONSIBILITY OF THE WINNER. Any difference between the stated estimated value of a prize and its actual value will not be awarded. Winners agree to accept prize “AS IS.†Sponsor may provide a federal 1099 financial reporting form to U.S. residents and a W8-BEN reporting form for Canadian residents, as applicable. If so provided, the respective form must be executed and returned to Sponsor per the instructions provided by the Sponsor.
Sponsor makes no representations or warranties regarding the quality of any prize and any conditions, warranties or other terms implied by statue or common law are hereby excluded to the fullest extent permitted by law. Any complaints in relation to any prize must be directed to the relevant third party manufacturer or provider of such prize.
6. Restrictions: Prize is nonrefundable and nontransferable. The prize is not replaceable if lost, damaged or stolen. Sponsor is not required to (but may at its sole discretion) offer any substitutions, cash redemptions, or alternative to prizes awarded under this Sweepstakes. Sponsor reserves the right to substitute a prize of equal or greater value in the event a prize is unavailable. Recipient of prize must have a U.S. or Canadian mailing address. All prizes awarded are subject to the terms, conditions, restrictions and limitations noted in these Official Rules, on the prizes and/or included with the prizes.
7. General Entry Rules: Any individual or entrant who attempts or otherwise encourages, directly or indirectly, entry under multiple identities, and/or uses multiple computers, multiple Internet Protocol addresses, so-called “proxy servers,†or any software program to manipulate or create multiple entries, or uses any other device, method, or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Sponsor or Sweepstakes Administrator, will be disqualified. Sponsor, at its sole discretion, reserves the right to review and investigate all entries and to take any and all measures it deems necessary to ensure a fair Sweepstakes. Mutilated, edited, lost, illegible, or incomplete entries will be deemed ineligible, disqualified and void.
To the fullest extent permitted by applicable law, Sponsor, together with any co-Sponsor, and Sweepstakes Administrator, and their respective parents, subsidiaries and affiliates, advertising and promotion agencies, suppliers (including all prize providers), printers, and distributors, and the respective officers, directors, employees, representatives and agents of each and any other person or entity related in any way to this Sweepstakes (collectively “Sweepstakes Entitiesâ€), are not responsible for late, lost, incomplete, misdirected, or damaged entries or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in this Sweepstakes which may limit the ability to play or participate, or by any human error that may occur in winner notification or other Sweepstakes-related communications, or the processing, review, or tabulation of the entries in this Sweepstakes, or for any printing errors in these Official Rules. If by reason of a printing or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded.
If for any reason (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Sweepstakes Entities that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes) the Sweepstakes is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes and select the winner(s) from entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor. SPONSOR RESERVES THE RIGHT TO PROSECUTE ANY FRAUDULENT ENTRIES TO THE FULLEST EXTENT OF THE LAW. At Sponsor’s sole discretion, entrants and/or winners who do not comply with these Official Rules or otherwise attempt to interfere with this Sweepstakes in any way may be disqualified.
ALL DECISIONS BY SPONSOR ARE FINAL. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, DO NOT ENTER THE SWEEPSTAKES.
Further, Bethesda Softworks LLC and its corporate affiliates, including its parent company, ZeniMax Media, Inc., and their respective employees, officers, directors and representatives are not co-Sponsors of the Sweepstakes, nor shall such entities and individuals be deemed to be affiliated with, or to have otherwise endorsed or approved, the Sweepstakes.
8. Release and Indemnification: By entering, entrants and winner(s) agree to be bound by these Official Rules and the decisions of Sponsor, together with any co-Sponsor and Sweepstakes Administrator, which shall be final for all purposes hereunder, and agree: (1) Sweepstakes Entities may use (unless prohibited by law) their names, likenesses, images, photographs, voices, cities/states of residence, and biographical information for advertising, trade and promotion in any media or format now or hereafter known, including on the Internet or via wireless application protocol, without further compensation, permission or notification, except where prohibited by law; and (2) to the fullest extent permitted by applicable law and subject to the remaining provisions of this section 8, to release, hold harmless and indemnify the Sweepstakes Entities, Bethesda Softworks LLC and its corporate affiliates, including its parent company ZeniMax Media, Inc., and their respective employees, officers, directors and representatives, Facebook, Twitter and each social media interface on which the Sweepstakes may be administered or co-administered from and against any and all liability, damages or causes of action (however named or described) with respect to or arising out of either (i) entrants’ participation in the Sweepstakes or in any Sweepstakes-related activity; or (ii) the receipt, possession, or use or misuse of the prizes awarded in the Sweepstakes, including but not limited to any claims for damage to property, personal injury or death, or claims based on defamation, rights of privacy, intellectual property rights of whatever nature, rights of publicity, or merchandise delivery. Winner may be required to complete, sign and return an Affidavit of Eligibility and Publicity/Liability Release and, in the event that any winner fails to provide the same within any reasonable timeframe requested by Sponsor and/or any Sweepstakes Administrator, such winner’s prize may be forfeited and awarded to an alternate entrant.
Sponsor, at its sole discretion may require copies of the winner’s government-issued photo identification (or, if a minor, his/her parent’s or legal guardian’s ID). You hereby waive application of California Civil Code Section 1542 which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You expressly waive the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waives any right to invoke said provisions now or in the future with regard to the Sweepstakes. Entrants and the winner further acknowledge and agree that this waiver is an essential and material term of these Official Rules and the Sweepstakes.
9. Disputes/Binding Arbitration:
10. Miscellaneous Conditions: You agree that the laws of the United States of America and the laws of the state of California, without regard to the principles of conflict of laws, will govern the Sweepstakes and these Official Rules. Except as set forth in Section 9 (and claims proceeding in any small claims court), you irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in San Francisco County, California, and the related appellate courts, in any related action or proceeding. As a condition of participating in the Sweepstakes, you agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Official Rules shall be resolved individually without resort to any form of class action. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental or consequential damages (including reasonably attorneys' fees), other than your actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes) and you further waive all rights to have damages multiplied or increased.
Any personal information or data supplied by any entrant to any of the Sweepstakes Entities will be subject to Sponsor’s privacy policies posted at http://www.zam.com/privacy.html (the “Privacy Policyâ€).
LIMITATIONS ON DAMAGES, VENUE, AND RESTRICTIONS ON CLASS ACTIONS ARE NOT PERMITTED IN ALL JURISDICTIONS AND SO THE LIMITATIONS IN SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
11. Winners' List and Official Rules: Entrants may request the names of winners and a copy of these Official Rules by sending a self-addressed, stamped envelope by 5/28/2014 to: ZAM Network, 1850 Sawtelle Blvd, Ste. 410 Los Angeles, CA 90025. Residents of WA and VT may omit return postage for rules requests.
12. Sponsor: ZAM. 1850 Sawtelle Blvd, Ste. 410 Los Angeles, CA 90025.. Sponsor advertisers do not endorse or sponsor, and are not otherwise affiliated with, the Sweepstakes. Although the Sweepstakes may be administered or co-administered on or through a Facebook, Twitter or another social media interface, the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other third party. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor and not Facebook, Twitter or any other third party.