RAINBOW HIGH™: RUNWAY RUSH – Launch Giveaway
Terms and Conditions (09/22/2023)
- The following terms and conditions (the “Rules”) set out the terms for the RAINBOW HIGH™: RUNWAY RUSH – Launch Giveaway (09/22/2023)
- Sponsor: Outright Games Ltd, Unit 54 Merlin House, Meteor Way, Lee-On-The-Solent, Hants, England, PO13 9FU
- Licensors: ©MGA Entertainment, Inc. Rainbow High™ is a trademark of MGA in the U.S. and other countries. All logos, names, characters, likenesses, images, slogans, and packaging appearance are the property of MGA. Used under license by Outright Games Limited. Published by Outright Games Limited. Software © 2023 Outright Games Limited. Developed by Xaloc Studios S.L. All Rights Reserved.
- Organizer: Outright Games Ltd, Unit 54 Merlin House, Meteor Way, Lee-On-The-Solent, Hants, England, PO13 9FU
Section A) Definitions and Introduction:
- In these Rules the following words and phrases shall have the following meanings:
- “Giveaway Post”, the Instagram post/stories which announces commencement of the Giveaway.
- “Contestant”, any natural person who enters the Giveaway.
- “Intellectual Property Rights”, any 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 Giveaway, 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 Giveaway 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, 52 Grosvenor Gardens, London, SW1W 0UA
- “Winner”, a winner of a prize of the Giveaway”.
- “You” any reference to “you” is to you as a Contestant in or winner of a the “Giveaway”.
- The Giveaway is sponsored solely by us. We will conduct the Giveaway substantially as described in these Rules.
- MGA and its parents, subsidiaries, and affiliates (collectively, “MGA Parties”), including without limitation are not responsible for the administration of the Giveaway, the collection of entries, selection of winners, or the fulfilment of prizing. Any questions you have regarding the Giveaway should be directed to Outright Games and not to the MGA Parties.
- 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 Giveaway and supersede all prior representations, agreements, negotiations, or understandings (whether oral or in writing). We object to any of your general terms and conditions.
- 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 Giveaway is open only to those who adhere to these Rules. By entering the Giveaway, 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 Giveaway, you must be over 18 years of age. We may ask the Winner to provide proof of age.
- You must not be an employee, officer, contractor, consultant and or other personnel of us or the MGA Parties and Rainbow High™ or otherwise directly or indirectly connected with the administration of the Giveaway.
Section C) Agreement to the Rules:
- By entering the Giveaway and participating in it, winning the Giveaway 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 Giveaway.
Section D) Giveaway Period:
- Entries will be accepted on Instagram from 22nd September 2023 at 2 pm BST and ending 29th Sept 2023 at 12pm BST.
- All entries must be received by us by 29th September 2023 at 12pm BST.
Section E) How to Enter:
The Giveaway must be entered by:
👥Follow us and @officialrainbowhigh
💬 Comment on the post telling us what your talent is and who is your favorite character from the game 👉 Ruby ❤️, Poppy 🧡, Sunny 💛, Jade 💚, Skyler 💙, or Violet 💜
Any Submitted Content or Comment that is incomplete or deemed inappropriate at our discretion can be removed at our sole discretion and will not constitute a valid entry for the Giveaway.
- 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 entry must not include the name (including stage name), image, photo, likeness, silhouette, or other depiction of any real person (historical or present day), including but not limited to actors, writers, directors, or producers of any motion picture (film or television) or literary properties.
- 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, the MGA Parties, Rainbow High™, 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.
- 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 Giveaway. A purchase of any kind does not increase the chance of winning the Giveaway in any way.
- By entering the Giveaway, you agree that you are entering into a random drawing.
Section F) Prizes:
- We will choose two Winners.
- One winner will win a RAINBOW HIGH™: Townhouse, and a game copy.
- A second winner will win a Nintendo Switch Console and a game copy.
- *Whether the game copy is physical or digital will depend on our availability in the country where the winner is located.
- The winnrs can choose their platform of preference PC, Nintendo, XBOX, or PLAYSTATION.
- The Townhouse estimated prize is $230.00.
- The game’s estimated prize is of ($34.99 / €34.99 / £34.99) XB/PC/(PS4/5).
- 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:
- The Winner will be randomly selected by us.
- Winners will be notified by Outright Games via Instagram private message within 1 day following the selection of the Winners. If you have been chosen a Winner, we will ask You to provide us with Your name, contact information (email and phone) and postal address to where the prize shall be delivered. You must provide this information within 1 day upon us contacting You. We need this information within this time frame so that we can deliver the prize to You on time for You to enjoy its benefit.
- 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 1 day of us contacting them (as described above), 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 Giveaway, 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: of any violation of these Rules or any other terms relating to the Giveaway by you; You provide incorrect, incomplete or outdated information in relation to the entry; or you commit any kind of fraud, dishonesty, deceit, misconduct or similar action in respect to the Giveaway.
- If a Winner is disqualified, we will determine another Winner in accordance with this Section G.
Announcing prize winners
- We must either publish or make available information that indicates that a valid award took place. To comply with this obligation, we will send the surname and county of major prize winners and, if applicable copies of their winning entries, to anyone who emails firstname.lastname@example.org or writes to the address set out above under “Sponsor” (enclosing a self-addressed envelope) within one month after the closing date of the Giveaway. If you are chosen a Winner, we will publish your Instagram handle when we announce the Winners on our Instagram page.
- If You object to any or all of your surname, county and winning entry being published or made available, please contact us on email@example.com. In such circumstances, we must still provide the information and winning entry to the Advertising Standards Authority on request.
Section H) Cancellation of the Giveaway:
- We shall be entitled, in our reasonable discretion, to cancel, delay and/or recommence the Giveaway with immediate effect by online announcement without any liability, especially where the Giveaway 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 Giveaway 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 or the MGA Parties in respect of the cancellation or delay of the Giveaway or for any expense or damage whatsoever incurred as a result.
Section I) Data Privacy, Consent in Winner Announcement and Intellectual Property Rights:
- See also subsection “Announcing prize winners” above, with regard to the announcement of winners.
- Entering the Giveaway 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 Outright Games or the MGA Parties.
- Outright Games does not claim any rights of ownership in your Submitted Content.
- You agree that the Outright Games and/or MGA Parties may, but are not required to, make Submitted Content available on their individual Instagram pages for the purpose of administering, promoting, reporting on, or otherwise operating the Giveaway and in connection with any publicity of the Giveaway. You agree to grant Outright Games and MGA Parties a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the Submitted Content, to use, display, publish, transmit, copy, edit, alter, store, re-format, and sub-licence the Submitted Content for such purposes.
You warrant that you have and shall maintain all permissions, consents, licenses, and rights required for you to grant us and the MGA Parties the above license. You further warrant that:
- your Submitted Content is your own original work and is not defamatory and does not infringe third-party rights.
- there are no conflicting agreements in place that restrict usage of the Submitted Content.
- In addition, You agree to release, indemnify, defend and hold us and the MGA Parties harmless from and against any and all loss, damages, injuries, claims and costs incurred by us and the MGA Parties 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 Giveaway, they should contact Outright Games directly via their website on https://www.outrightgames.com/contact/.
Section J) Release and Limitation of Liability:
- By participating in the Giveaway , you agree to release, indemnify, defend and hold Outright Games, the MGA Parties and each of their parents, affiliates, subsidiaries, directors, officers, employees, and agents, including advertising and promotion agencies, and assigns, and any other organizations/entities related to the Giveaway as well as all other “Licensors” listed in these Rules (collectively, “Releasees”) 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 or attempt to participate in the Giveaway or acceptance or use or misuse 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 GIVEAWAY OR PRIZE, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OR 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: any postponement or cancellation of the Giveaway; any changes to prizes or the way in which they can be used; damage, loss, injury suffered by you entering the Giveaway or as a result of accepting any prize; problems with the allotment or dispatch of prizes (such as prizes failing to reach the intended recipient); 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 Giveaway, including any errors or problems which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prizes or in any Giveaway-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) Governing Law:
- The Giveaway 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 English law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Giveaway (including the prize).
Section L) Disclaimers:
- This Giveaway is in no way sponsored, endorsed, or administered by, or associated with Instagram/Twitter, MGA Parties, 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 Giveaway as set forth in these Rules.
- ©MGA Entertainment, Inc. Rainbow High™ is a trademark of MGA in the U.S. and other countries. All logos, names, characters, likenesses, images, slogans, and packaging appearance are the property of MGA. Used under license by Outright Games Limited. Published by Outright Games Limited. Software © 2023 Outright Games Limited. Developed by Xaloc Studios S.L. All Rights Reserved.
Section M) Contact:
- You can contact us with any questions regarding the Giveaway 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.