“Call of Duty: Ghosts Infinity Ward VIP Sweepstakes”
SPONSORED BY GAMESTOP, INC.
1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA, GUAM AND PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.
2. Entry Period: The “Call of Duty: Ghosts Infinity Ward VIP Sweepstakes” (“Sweepstakes”) commences at 12:00 AM CT on July 1, 2013 and ends at 11:59 PM CT on November 19, 2013 (“Sweepstakes Period”). All entries must be received or postmarked by November 19, 2013. All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final.
3. Eligibility: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia, Guam and Puerto Rico. Entrants must be at least 18 years of age at time of entry. Entrants who are 18 years of age, but have not yet reached the age of majority in the jurisdiction in which they reside (“Minors”) must obtain parental or legal guardian consent to be eligible to enter Sweepstakes. Employees of GameStop, Inc. or its affiliated companies (other than those employees that are residents of Puerto Rico) are eligible to enter Sweepstakes. Residents of Puerto Rico that are employees of GameStop, Inc. or its affiliated companies, are not eligible to enter Sweepstakes. GameStop, Inc., (“GameStop”or “Sponsor”), The Marketing Arm, Inc. (“Administrator”), and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of Sweepstakes, and their respective agents, employees, officers, directors, successors and assigns, together with the Sponsor and Administrator are herein referred to as (“Sweepstakes Entities”). By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (e) agree to release and hold harmless Activision Publishing, Inc. and Sweepstakes Entities from and against any and all claims, injury or damages arising out of or relating to participation in the Sweepstakes and/or the use, misuse or redemption of the Prizes (hereinafter defined), and for any claim, including claims based on defamation, publicity rights and invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action.
4. To Enter: There are two (2) ways to enter Sweepstakes. There is a limit of one (1) entry per person regardless of entry method.
2. To Enter By Mail: No purchase necessary to enter via this method. Print your full name, phone number, email address and mailing address on a 3”x5” card, insert card in envelope, affix proper postage and mail to: The Marketing Arm Inc., Attention: “Call of Duty: Ghosts Infinity Ward VIP Sweepstakes”, 1921 Gateway Drive, Irving, TX 75038. Sponsor is not responsible for lost, late, damaged, misdirected or postage due mail entries. Mail entries must be postmarked by November 19, 2013 and received by November 26, 2013.
There is a limit of one (1) Prize per entrant for this Sweepstakes. If it is suspected that an entrant submits more than one (1) entry, only one (1) entry will be considered. In the event of a dispute over the identity of the person who submitted a winning entry by purchase via a GameStop® PowerUp Rewards™ Member account, the “authorized account owner” of the GameStop® PowerUp Rewards™Member account used for that transaction will be deemed to be the entrant. Proof to Sponsor’s satisfaction of being the authorized account owner may be requested by Sponsor.
Entrants must be prepared to travel on or about January 2014 if they are selected as a Winner. Dates for travel are subject to change in Sponsor’s sole discretion. If a potential Winner is not available, able or willing to travel on the dates specified by Sponsor, Winner privileges will be terminated, the Prizes will be forfeited and an alternate Winner will be selected in a random drawing from among the remaining Eligible Entries.
All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries”. All entries become the sole and exclusive property of Sponsor. Entries will not be returned and receipt of entries will not be acknowledged. Proof of entry submission will not be deemed to be proof of receipt of entry by Sponsor.
The odds of becoming a Sweepstakes Winner depend on the number of Eligible Entries received during the Sweepstakes Period.
5. Prizes: The three (3) Winners (hereinafter defined) will each receive one trip for the Winner and one (1) guest of Winner (“Guest”) to Los Angeles, California (“Destination”), currently scheduled to take place on or about January 2014, but subject to change in Sponsor’s sole discretion (subject to compliance with applicable law). The trip will include: (i) round trip coach class air transportation for Winner and Guest which shall originate from an airport of Sponsor’s choice near Winner’s primary residence to Destination, approximate retail value (“ARV”) of $1,000; (ii) round trip ground transportation for Winner and Guest, to be taken together, between airport and hotel in Destination, with an ARV of $300; (iii) two (2) nights hotel accommodations in Destination for Winner and Guest which will be one (1) room, based on double occupancy (meals, telephone calls, tips, gratuities, and other incidentals and costs are not included), ARV of $1,000; (iv) a tour of the Infinity Ward Studios, (No monetary value); and (v) one (1) $1,200 pre-paid Visa gift card [Subject to the terms and conditions of gift card is redeemable anywhere Visa is accepted], ARV $1,200, collectively (“Prize” or “Prizes”). The total ARV of each Prize is $3,500. The total ARV of all of the Prizes is $10,500. The ARVs are subject to change based on current market conditions at time of Prize fulfillment, and the time of travel and the distance between departure and Destination. Any difference between the ARVs and the actual values, if any, will not be awarded. Winners and Guests must possess valid travel documents in order to travel. Sponsor reserves the right to substitute ground transportation in lieu of air transportation if a Winner resides within 100 miles of Destination and no substitution will be provided for the difference in Prize value.
By participating in Sweepstakes, each Winner (hereinafter defined) grants the right to Sponsor to record, videotape and photograph the Winner (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, voice, conversation and any other attributes of Winner’s personality and appearance, individually or with others, in whole or in part, in conjunction with other material, in any and all media now known or hereafter devised, for the purpose of trade, advertising, promotion or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
6. Winner Selection and Notification: There will be three (3) Winners selected by Administrator in a random drawing from among all of the Eligible Entries on or about December 2, 2013. Administrator will attempt to contact the potential Winners via the telephone number provided at time of entry or entrant’s GameStop® PowerUp Rewards™ Account if applicable or email if no phone number is provided. No messages will be left on answering machines or voicemail systems. If a potential Winner cannot be reached directly, the potential Winner will be disqualified and an alternate potential Winner will be selected in a random drawing from among the remaining Eligible Entries received. If a potential Winner otherwise is disqualified or becomes ineligible, Winner privileges will be terminated, the Prizes will be forfeited and an alternate Winner will be selected in a random drawing from among the remaining Eligible Entries. The Prizes, or Prize documents, will be delivered to Winner’s residence, or some other address as may be requested by Winner, on or about December 10, 2013.
7. Winner Verification: To be eligible to be declared a Winner and to receive the Prizes, the potential Winners must confirm acceptance of the Prizes within three (3) days of being notified of being a potential Winner, and must sign (his or her parent/legal guardian if potential Winner is a Minor), and return to Sponsor and/or Administrator, within three (3) days of receipt of such documents from Administrator or Sponsor, (which will be sent to potential Winners via email) an Affidavit of Eligibility and Release that: (a) releases Sweepstakes Entities and Activision Publishing, Inc. from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or use or misuse of any Prize; and (b) except where prohibited by law, a right that grants Sweepstakes Entities the right to use potential Winner’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification. Entry into Sweepstakes constitutes agreement to sign such release. If a potential Winner does not sign this release (his or her parent/legal guardian if potential Winner is a Minor) and return it within the time frame specified, the potential Winner may be disqualified and the Prizes forfeited. When properly executed, and providing potential Winners are in compliance with the Official Rules, potential Winners will each be determined to be a Sweepstakes winner (“Winner” and collectively “Winners”). Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate potential Winner in a random drawing in the event that potential Winner fails to comply with these Official Rules or fails to execute and return the Affidavit of Eligibility and Release and/or Publicity Release documentation within the timeframe specified above.
Guests participating in Prize with Winners must be at least 18 years of age or older. Potential Winners will also be required to have Guests sign (his or her parent/legal guardian if Guest is a Minor), a Liability/Publicity Release that must be returned along with the potential Winner’s Affidavit of Eligibility/Publicity Release within three (3) days of issuance. If the Winner or Guest is a Minor, he or she must be accompanied by his or her parent/legal guardian and such person must be the Guest or Winner as applicable. If a Winner chooses not to take a Guest, then the Guest elements will be forfeited and the remaining elements shall constitute full satisfaction of the Prize. Winners and Guests must agree to comply with all venue rules and regulations and agree not to act in an unsportsmanlike or disruptive manner. Prizes will be forfeited if a Winner or Guest (or a parent or legal guardian acting on behalf of a Winner or Guest) fails to comply with the terms and conditions of these Official Rules.
By participating in Sweepstakes, Winners acknowledge that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and that Winners (or his or her parent/legal guardian if a Winner is a Minor) will be responsible for obtaining and paying for any life, travel, car, accident, property or other form of insurance relating to the Prizes.
Winners and Guests must also complete any additional legal documents provided by Administrator or Sponsor with respect to the Prizes and return them as instructed within the time frame specified or Winner may forfeit Prizes at Sponsor’s sole discretion.
8. Prize Terms: The dates for fulfillment of the Prizes will be on or about January 2014, but subject to change in Sponsor’s sole discretion. If for any reason any Prize is unavailable or any Prize related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Sweepstakes and award a substitute Prize, or portion of Prize, of comparable or greater value, as set forth in these Official Rules (subject to compliance with applicable law). No substitution, transfer, assignment or cash equivalent of the Prizes, or any portion thereof, is permitted by a Winner. Sweepstakes Entities shall have no responsibility or obligation to a Winner or potential Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prizes. All costs and expenses not specifically listed above as part of the Prizes, including, without limitation; meals, snacks, beverages, mini-bar, entertainment, tips, gratuities, souvenirs, personal expenses, damages to hotel rooms, baggage fees, travel insurance, departure taxes and fees, any equipment to be used in connection with the Prizes, are solely Winner’s responsibility. THE PRIZES ARE PROVIDED “AS IS”. ENTRANTS ACKNOWLEDGE THAT SWEEPSTAKES ENTITIES 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 PRIZES, INCLUDING ANY EXPRESS WARRANTIES PROVIDED BY A PRIZE SUPPLIER THAT ARE SENT ALONG WITH THE PRIZES. ARRANGEMENTS FOR THE FULFILLMENT OF THE PRIZES WILL BE MADE BY SPONSOR AND/OR ADMINISTRATOR.
A Winner that is not an employee of Sponsor must supply Administrator and/or Sponsor with his or her social security number for tax purposes. For Winners residing in the United States or the District of Columbia, an IRS Form 1099 will be issued in the name of the Winner for the actual value of the Prizes granted if the actual value of the Prizes is over $600. If a Winner resides in Guam or Puerto Rico they will be issued forms specific for their jurisdictions with duplicates sent to the applicable taxing authorities. If a Winner is an employee of Sponsor, the Prize value is taxable compensation to Winner and will be included in Winner’s gross income and subject to applicable federal, state, local and other payroll taxes, which will be withheld from the Winner’s regular pay. Compensation and related payroll tax withholding will be reported to Winner on IRS Form W-2. All federal, state and local taxes, and any other costs and expenses associated with acceptance and/or use of Prizes not specifically provided for in these Official Rules are solely the Winner’s responsibility.
Sponsor will determine the airline and hotel in its sole discretion. Winners and Guests must travel on the same itinerary. All travel dates are subject to change in Sponsor’s sole discretion. If a Winner is not available, able or willing to travel on the dates specified by Sponsor, Winner privileges will be terminated and an alternate Winner will be selected in a random drawing from the remaining Eligible Entries. Travel restrictions, conditions and limitations may apply. Travel arrangements are subject to availability and must be roundtrip. Sweepstakes Entities shall not be responsible for any damage to baggage or any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of the services and accommodations necessitated by same. Winners and Guests must possess valid travel documents in order to travel.
9. General Terms: Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any reason the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sweepstakes Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right to modify the Sweepstakes or any part of the Sweepstakes (subject to compliance with applicable law). If the Sweepstakes is terminated prior to the end date stated herein, notice will be posted on https://www.gamestop.com/poweruprewards/PUR/Index/CallOfDutyGhostsSweepsRules and the Prizes will be awarded to Winners to be selected in a random drawing from among all Eligible Entries received up until and or after, if applicable, the time of modification, cancellation or termination. Sponsor reserves the right to modify and amend these Official Rules from time to time during the Sweepstakes for clarification purposes without materially affecting the terms and conditions of the Sweepstakes (subject to compliance with applicable law).
By participating in the Sweepstakes, all entrants agree to indemnify and hold harmless Sweepstakes Entities from any and all liability arising out of or relating in any way to entrant’s participation in the Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities. This includes, but is not limited to, any and all claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity.
Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected, not received, postage due mail entries, entries that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error which may occur in the processing of the entries in the Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Sweepstakes, errors in processing entries, identifying the Winners, in the announcement of the Prizes and Winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/software related to or resulting from participation or downloading any materials in the Sweepstakes. Use of any device to automate or subvert entry is prohibited. No software-generated, robotic, programmed, script, macro or other automated online entries are permitted and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated online entry; (ii) to have tampered with the entry process or the operation of the Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with the Sweepstakes; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
AS A CONDITION OF ENTERING THE SWEEPSTAKES, ENTRANT, AND ENTRANT’S PARENT OR LEGAL GUARDIAN IF ENTRANT IS A MINOR, AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED , SHALL BE RESOLVED INDIVIDUALLY—WITHOUT RESORT TO ANY FORM OF CLASS ACTION—BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN IT SOLE AND ABSOLUTE DISCRETION) IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION; AND (III) ANY AND ALL CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGEMENTS OR AWARDS INCLUDE ATTORNEYS’ FEES. THIS SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the names of the Winners must be made by January 20, 2014. Vermont residents may omit return postage if requesting a set of Official Rules. For the names of the Winners and/or Official Rules: (i) send a self-addressed stamped envelope to: The Marketing Arm Inc., “Call of Duty: Ghosts Infinity Ward VIP Sweepstakes”, #140, 233 Rock Road, Glen Rock, NJ 07452; and (ii) write “Winners List” and/or “Official Rules” as applicable on the lower left hand corner of the envelope.
11. Sponsored by: This Sweepstakes is sponsored by GameStop, Inc., 625 Westport Parkway, Grapevine, Texas 76051. Email – email@example.com.
12. Administered by: This Sweepstakes is administered by The Marketing Arm Inc., 1999 Bryan Street, Suite 1800, Dallas, TX 75201.
13. Disclaimer: Activision Publishing, Inc. is not a sponsor of this Sweepstakes. Activision’s name and logo, and/or the “Call of Duty: Ghosts” name, logo, and/or materials are used for purposes of promotion and/or prize description only and such use is not intended to suggest or imply Activision’s participation, sponsorship, endorsement, or approval of this Sweepstakes.