BEN 10 – Advent Calendar Giveaway
Terms and Conditions
The following terms and conditions (the “Rules”) set out the terms for the BEN 10 Advent Calendar Giveaway, (the “Giveway”). Many will enter, one will win.
Cartoon Network, and its parents, subsidiaries and affiliates (collectively, “WarnerMedia”) are not responsible for the administration of this Competition, the collection of entries, selection of any Winner, or the fulfilment of prizing. Any questions You have regarding the Competition should be directed to Outright Games and not to Cartoon Network.
Section A) Definitions and Introduction:
- In these Rules the following words and phrases shall have the following meanings:
“Giveway Post” the Twitter, Facebook andInstagram post which announces commencement of the Giveway.
“Contestant” any natural person who enters the Giveway.
“Intellectual Property Rights” patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair Giveway, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world
“Submitted Content” any materials submitted to us as part of the Giveway for example screenshots or images and other materials
“us”, “we”, “our” and “Outright Games” any references to “us”, “we”, “our” and “Outright Games” shall be references to Outright Games Ltd, 50 Broadway, London, SW1H 0RG
“Winner” a winner of a prize of the Giveway.
“You” any reference to “you” is to you as a Contestant in or winner of a Giveway
- The Giveway is sponsored solely by us. We will conduct the Giveway substantially as described in these Rules.
- We reserve the right, in our reasonable discretion, to add to, amend, vary or waive these Rules on reasonable notice with future effect at any time insofar as it appears reasonable and does not place the Contestant at a disadvantage in bad faith. Modifications may become particularly necessary in order to implement adjustments reflecting a change in a legal position. New court decisions are also considered a change in a legal position. Further developments and changes may also require a modification or amendment of these Rules.
- These Rules represent the entire agreement between You and us relating to the Giveway and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). We object any of your general terms and conditions.
- Failure to enforce any term does not constitute a waiver of that term.
- If any part of these Rules is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the Rules will remain in full force and effect.
- These Rules and the Agreement based on these Rules are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly, no person shall derive any benefit or have any right, entitlement or claim in relation to these Rules by virtue of the Contracts (Rights of Third Parties) Act 1999.
Section B) Eligibility:
- The Giveway is open only to those who adhere to these Rules. By entering the Giveway you agree to these Rules and confirm that you are eligible to do so and eligible to claim any prize you may win. We may require you to provide proof that you are eligible to enter the Giveaway
- To enter the Giveway You must be over 13 years of age. If you are under the age of 18, you must obtain written parental or guardian consent to enter and claim your prize. We may ask the Winner to provide proof of age.
- You must not be an employee, officer, contractor, consultant and other personnel of us or otherwise directly or indirectly connected with the administration of the Giveway.
- This is a Giveway for residents of the United States and European Union where participation in Giveways of that nature on these terms is lawful.
Section C) Agreement to the Rules:
- By entering the Giveway, participating in it, winning the Giveway or accepting any prize, You agree to be fully unconditionally bound by these Rules, and represent and warrant that You meet the eligibility requirements.
- In addition, You agree and accept the decisions of Outright Games as final and binding as it relates to the content of this Giveway.
Section D) Giveway Period:
- Entries will be accepted on Twitter from 4th December 2020 and ending 10th December 2020.
- All entries must be received by us by 10th October at 10am BST.
Section E) How to Enter:
The Giveway must be entered by:
- Answering the Ben 10 Giveaway post published on Outright Games Social Networks from 7th December 2020 (Facebook, Instagram and Twitter).
- Liking the post. (Facebook or Instagram or Twitter)
- Only one answer per social network. (Facebook/Instagram/Twitter)
- Inappropriate content includes, but is not limited to, content that violates the content guidelines below or any applicable laws as well as content that violates the Twitter and Facebook Community Standards (which are available at https://help.twitter.com/en/rules-and-policies), such as hateful, criminal, violent, or pornographic content in the meaning of the Twitter and Facebook Community Standards.
- Content guidelines:
- The Submitted Content must not defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights or constitute or suggest copyright infringement.
- The Submitted Content must not contain any content that is sexually explicit, offensive, illegal, pornographic or obscene or that features, promotes or suggests the use or abuse of drugs, alcohol, tobacco, firearms or other harmful substances or otherwise is in bad taste or is otherwise objectionable to us, determined by us in our sole and exclusive discretion.
- The Submitted Content must not disparage Outright Games or any other person or entity.
- The Submitted Content must not contain corrupted files, viruses, or any other similar files, the intent of which is to damage the operation of another’s computer.
- The Submitted Content must not depict material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
- The Submitted Content must not depict material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submitted Content is created or submitted.
- Entries are limited to one per person. Multiple entries by one person using duplicate accounts, through agents or third parties or any automated entry software or any other means which would allow the person to automatically enter repeatedly will result in all entries by that person being invalid.
- For the avoidance of doubt, no purchase or entry fee is necessary to enter or win this Giveway. A purchase of any kind does not increase the chance of winning the Giveway in any way.
- By entering the Giveway, you agree that you are entering in to a giveaway whereby there will be one winner out of many applicants.
Section F) Prizes:
- Winner will receive a BEN 10 Power Trip video game. Prize may vary, chosen at Outright Games’ discretion.
- No cash or other prize substitution shall be permitted. The prize is non-transferable.
- In the unlikely event that the relevant prize should become unavailable, we reserve the right to substitute for an equivalent prize of equal or greater value.
Section G) Winner Selection and Notification and Delivery of the Prize:
- Winner will be selected by us in line with any criteria set out in the Giveway Post and/or any additional criteria described under these Rules under section E and/or set out on our website. The Winner will be selected by us and be selected based on the criteria for entry.
- Winner will be notified by Outright Games via Twitter and Facebook message within 1 days following the selection of the winner. Winner has to claim the prize and provide us with their name and address to where the prize shall be delivered within 5 days upon us contacting them.
- We shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or any other security settings or circumstances beyond our control.
- If the Winner cannot be contacted or fails to adhere to any of the Rules or fails to claim the prize within 5 days of us contacting them, we will determine another Winner in accordance with this Section G and the prize will be assigned to this Winner.
- A prize will not be awarded to a person who, for any reason, would not be allowed by law to purchase or use the prize or where the supply of the prize to that person would be unlawful.
- If the prize cannot be delivered to the Winner despite our reasonable endeavours to ship the prize to the Winner, we will determine another Winner who will receive the prize.
- You shall be disqualified from entering the Giveway, and, if you have won a prize, we may withdraw the same, or recover it from you if it has already been given, in case:
o of any violation of these Rules or any other terms relating to the Giveway by you;
o You provide incorrect, incomplete or outdated information in relation to the entry;
o You commit any kind of fraud, dishonesty, deceit, misconduct or similar action in respect to the Giveway.
If a Winner is disqualified, we will determine another Winner in accordance with this Section G.
Section H) Cancellation of the Giveway:
- We shall be entitled, in our reasonable discretion, to cancel, delay and/or recommence the Giveway with immediate effect by online announcement without any liability, especially where the Giveway is unable to run as planned due to a computer virus network/technical/communications failure, tampering or any cause beyond our reasonable control.
- If a Giveway is cancelled after a valid Winner is selected, we will use reasonable endeavours to offer the prize or an alternative, equivalent prize. If such alternative prize is offered but not accepted by You, You shall have no claim against us in respect of the cancellation or delay of the Giveway or for any expense or damage whatsoever incurred as a result.
Data Privacy, Consent in Winner Announcement and Intellectual Property Rights:
- By entering the Giveway you agree that, if you win, Outright Games is allowed to use your name and Submitted Content for announcing the Winner on our social media pages.
- Entering the Giveway does not create or confer any license, right or ownership interest under any copyright, trademark or other Intellectual Property Rights in or to any intellectual property owned and/or controlled by CARTOON NETWORK .
- By entering the Giveway, you grant us a perpetual, non-exclusive, worldwide, irrevocable, royalty-free licence to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit your Intellectual Property Rights in the Submitted Content, and acknowledge and specifically agree that we may use, or not use, your Submitted Content, or any part of it, in any manner, in any media, at any time, in their sole discretion, including but not limited to for the purpose of administering, promoting, reporting on or otherwise operating the Giveway, in a commercial manner, and for the purpose of and in advertising and promotions, as well as marketing other campaign promotions, without any compensation, notification, permission or approval. You forever release and discharge us from any liability associated with any such usage.
- You warrant that you have and shall maintain all permissions, consents, licences and rights required for you to grant us the above licence. You further warrant that your Submitted Content is your own original work. In addition, You agree to release, indemnify, defend and hold us harmless from and against any and all loss, damages, injuries, claims and costs incurred by us arising from your breach of this warranty and these Rules.
- In the event the Winner would like to withdraw their consent to any of their data being used for the purpose of the Giveway, they should contact Outright Games directly via their website on https://www.outrightgames.com/get-in-touch/.
Section J) Release and Limitation of Liability:
- By participating in the Giveway, you agree to release, indemnify, defend and hold Outright Games and its parents, affiliates, subsidiaries, directors, officers, employees, and agents, including advertising and promotion agencies, and assigns, and any other organizations/entities related to the Giveway as well as “Licensors” (collectively, “WarnerMedia”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Giveway or acceptance or use of a prize or parts thereof.
- None of these Rules shall limit our liability for death or personal injury caused by our negligence or the negligence of our employees, or loss caused by a fraud or fraudulent misrepresentation by us or our employees, or any other liability that cannot be excluded by law.
- SUBJECT TO THE ABOVE PARAGRAPH, THE RELEASEES EXCLUDE ALL LIABILITY WHATSOEVER FOR ANY COSTS, EXPENSES, DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), LIABILITY, INJURY OR DISAPPOINTMENT SUFFERED BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE Giveway OR PRIZE, IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, including but not limited to any of the foregoing in connection with:
a) any postponement or cancellation of the Giveway;
b) any changes to prizes or the way in which they can be used;
c) damage, loss, injury suffered by you entering the Giveway or as a result of accepting any prize;
d) problems with the allotment or dispatch of prizes (such as prizes failing to reach the intended recipient); and
e) any act, omission or default of any third party supplier.
- The Releasees shall have no liability for network, computer, hardware or software failure of any kind, which may affect the sending, receipt or processing of Your entry. Additionally, the Releasees shall have no liability for any other errors or problems of any kind, whether network, computer, mechanical, typographical, human or otherwise, related to or in connection with the Giveway, including any errors or problems which may occur in connection with the administration of the Giveway, the processing of entries, the announcement of the prizes or in any Giveway-related materials.
- These exclusions of liability also apply to the Releasees employees, representatives and vicarious agents and especially to the benefit of our shareholders, employees, representatives, organs and their members with regard to their personal liability.
Section K) US Law and US Courts:
- We make no representation that this Giveway is lawful or appropriate outside of the United States. If you access the Giveway from outside of the United States, you are responsible for compliance with all applicable local laws.
- The Giveway, and any dispute or claim arising out of or in connection with it (including the prizes), shall be governed by and construed in accordance with US law. You irrevocably agree that the courts of United States shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Giveway (including the prize).
Section L) Disclaimers:
- This Giveway is in no way sponsored, endorsed or administered by, or associated with Twitter or Facebook, , CARTOON NETWORK or any other party other than us. You understand that you are providing your information to us and we will collect and process your personal information related to the Giveway as set forth in these Rules.
- CARTOON NETWORK, the logos and all related characters and elements are trademarks and CARTOON NETWORK. All Rights Reserved.
Section M) Contact:
You can contact us with any questions regarding the Giveway or if you wish to request a Winners List, please submit your request using our website contact form or by email, using the email firstname.lastname@example.org