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WSOE Online Hearthstone Battlegrounds Twitch Fan Giveaway Series – Official Rules

Posted Morgan Kaminsky

WSOE Online Hearthstone Battlegrounds Twitch Fan Giveaway Series – Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. U.S. LAW GOVERNS

Estars LLC (“Sponsor” or “WSOE”) is pleased to introduce the WSOE Online Hearthstone Battlegrounds Twitch  Fan Giveaway Series (“Contest”). As a condition of participating in the Contest, you agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and, the fullest extent provided by law, waive any right to claim ambiguity in the Contest, these Official Rules, Contest materials, and information contained on Sponsor’s website, currently located at https://www.wsoe.com/blog/ and any other mobile version of the website (collectively, the “Website”). The Contest is subject to applicable federal, state, and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Winning and receiving a prize is contingent upon fulfilling all requirements set forth herein.

  1. SOCIAL NETWORKING SITE DISCLAIMERS

As a condition of participating in the Contest, you agree and acknowledge that Facebook Inc., Instagram, LLC, Twitter, Inc. Twitch Interactive, Inc. and any other social networking sites used to promote the Contest as well as their owners directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated entities (collectively, the “Social Media Group”) are not sponsors of the Contest nor do they endorse or administer the Contest, nor are they in any way associated with the Contest. All questions regarding the Contest must be directed to Sponsor, not the Social Media Group. You also agree that as a condition of participating in the Contest, you shall release the Social Media Group from any and all liability arising out of or relating to your entry, creation of an entry or submission of an entry, participation in the Contest, acceptance, use, or misuse of any prize, or the broadcast, exploitation, or use of an entry.

  1. ELIGIBILITY

The Contest is open only to permanent legal residents of the United States of America who (i) are physically located and residing therein; (ii) are at least eighteen (18) years of age at the time of entry; (iii) are not barred from participation in the Contest under the laws of the United States, including but not limited to all federal, state, and local laws; and (iv) at all times abide by these Official Rules. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.

Content producers at Sponsor as well as officers, directors, members, managers, employees, representatives, and agents of Sponsor and each of their respective parent companies, affiliates, subsidiaries, franchisees, prize providers, fulfillment agencies, and any other companies associated with the design or execution of the Contest, including Immediate Family Members (as defined below) and Household Members (as defined below) for each of the aforementioned are not eligible to participate in or win the Contest. “Immediate Family Members” shall mean spouse, parents, step-parents, legal guardians, children, step-children, siblings or step-siblings and each of their spouses regardless of where they reside. “Household Members” shall mean those people who share the same residence at least three (3) months a year.

  1. CONTEST PERIOD

Each of the Contests within this giveaway begin and end at the dates and times listed below (each a “Contest Period”).

Contest Period No. 1 begins on December 19, 2020 at 10:00 AM PT and ends on December 19, 2020 at 2:00 PM PT. The potential winners for Contest Period No. 1 will be selected on December 19, 2020 at 2:00 PM PT.

Contest Period No. 2 begins on December 20, 2020 at 10:00 AM PT and ends on December 20, 2020 at 2:00 PM PT. The potential winners for Contest Period No. 2 will be selected on December 20, 2020 at 2:00 PM PT.

Pacific time (“PT”) shall control for all purposes of the Contest. Sponsor’s computer shall be the official clock of the Contest and each Contest Period.

  1. HOW TO ENTER

NO PURCHASE OR PAYMENT OF ANY KIND IS REQUIRED TO ENTER. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

During each Contest Period, eligible individuals may submit up to two (2) entries into each Contest Period, as follows:

  1. Visit tv/WSOE and enter the Contest by completing both of the following:
    1. Using your Twitch account, follow @WSOE on Twitch; and
    2. Using your Twitch account, send a message of “WSOE25” to Twitch Chat during the live WSOE Online Hearthstone Battlegrounds broadcast.

All entries must be received no later than 2:00 PM PT on Saturday, December 19, 2020 to be eligible for Contest Period No. 1.

All entries must be received no later than 2:00 PM PT on Sunday, December 20, 2020 to be eligible for Contest Period No. 2.

Upon completion of these steps, eligible individuals will be automatically entered into the applicable Contest Period. No additional action is necessary.

  1. ENTRY CONDITIONS

There is a limit of two (2) entries per person per Contest Period. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact or account information, or otherwise, may result in the entrant being disqualified, at Sponsor’s sole discretion. Entries generated by a script, computer programs, macro-programmed, robotic or any other automated means are void and may be disqualified at Sponsor’s sole discretion. Entries that are in excess of the stated limits, incomplete, incorrect, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, deceptive, or are otherwise not in compliance with the Official Rules are also void and may be disqualified from the Contest at Sponsor’s sole discretion. Sponsor will not be responsible for invalid submissions and has no obligation to advise an individual of such a submission. If a problem occurs in the entry process, the entrant is solely responsible for verifying that the entry process has been validly completed.

Entries received outside the applicable Contest Period will not be included in the Contest. For purposes of this Contest, an entry is “received” when the Sponsor’s servers record the entry information. Screen shots, printouts or other purported “proof” or “evidence” of entry or winning, in lieu of Sponsor’s validation process, shall not be binding. Proof of sending (such as an automated receipt, screen shots, etc.) does not constitute proof of actual receipt of an entry for purposes of these Official Rules.

In the event of any dispute as to the identity of any online entrant, the authorized account holder of the respective Twitter account used to submit the entry will be deemed to be the entrant. The “authorized account holder” is the natural person registered for the respective Social Media Group. Sponsor reserves the right to require entrants to show proof of being the authorized account holder at the time the entry was submitted.

All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Any information provided by you or collected by Sponsor in connection with the Contest may be used by Sponsor in accordance with their online privacy policies available at www.estarsstudios.com/privacy-policy/.

Employees of Papa John’s International, Inc. and its affiliates, subsidiaries, licensees and franchisees are not eligible to participate in the Contest.

  1. PRIZES AND PRIZE RESTRICTIONS

Subject to verification of eligibility and compliance with these Official Rules, the following prize bundles will be available to eligible entrants participating in each Contest Period.

Contest Period No. 1 Prize Bundle 1 and ARV (in U.S. Dollars):

  • Papa John’s T-shirt ($10)
  • Papa John’s Hoodie ($12)
  • Papa John’s $15 Gift Card ($15)
  • Papa John’s Bandana ($5)

Contest Period No. 1 Prize Bundle 2 and ARV (in U.S. Dollars):

  • Papa John’s T-shirt ($10)
  • 2 Papa John’s Mask ($10)
  • Papa John’s $30 Gift Card ($30)

Contest Period No. 2 Prize Bundle 1 and ARV (in U.S. Dollars):

  • Papa John’s T-shirt ($10)
  • Papa John’s Backpack ($20)
  • Papa John’s $15 Gift Card ($15)
  • Papa John’s Bandana ($5)

Contest Period No. 2 Prize Bundle 2 and ARV (in U.S. Dollars):

  • Papa John’s T-shirt ($10)
  • 2 Papa John’s Mask ($10)
  • Papa John’s $30 Gift Card ($30)

A maximum of two (2) prize bundles will be awarded for each Contest Period.

Contest Period No. 1 has an ARV of $92 ($42 for Prize Bundle 1 and $50 for Prize Bundle 2) and Contest Period  No. 2 has an AVR of $100 ($50 for Prize Bundle 1 and $50 for Prize Bundle 2), for a total aggregate ARV for the Contest of One Hundred Ninety-Two Dollars ($192). Prizes will be awarded only if the potential prize winners for each Contest Period fully comply with these Official Rules. All prize details are at the sole discretion of Sponsor and any depiction of the prizes, in Contest materials or otherwise, is for illustrative purposes only. Prizes are non-transferable, non-exchangeable, and non-refundable, and must be accepted by the winner(s) as awarded. A prize winner may waive his/her right to receive a prize. Sponsor shall have no responsibility or obligation to a prize winner or a potential prize winner who is unable or unavailable to, or who does not for any reason, accept or utilize a prize. In the event of non-compliance with these Official Rules, or if a prize is unclaimed, that prize will be forfeited. A forfeited prize may be awarded to an alternate winner, in Sponsor’s sole discretion.

All federal, state, provincial and local taxes, and all costs and expenses related to the acceptance and use of a prize not specified herein, are the sole responsibility of the prize winner(s). Any required tax reporting forms will be furnished to the appropriate authorities.

  1. WINNER NOTIFICATION AND VERIFICATION

Two (2) potential winners (one (1) potential winner per Prize Bundle) per Contest Period will be chosen at random from all entrants who complete the entry requirements listed in Section 4 above.

Sponsor will attempt to notify a potential winner on the date and time listed above for each Contest Period using the Direct Message (“DM”) feature of the Social Media Group after the end of the applicable Contest Period. Sponsor may, at its discretion, also attempt to contact a potential winner by any other contact means provided by the entrant. If a potential winner cannot be contacted or does not respond to Sponsor within forty-eight (48) hours of Sponsor’s initial notification, the potential winner may be disqualified at Sponsor’s sole discretion.

A potential winner must provide Sponsor the information required to file any necessary tax reporting forms, including but not limited to their Social Security number or tax ID for tax reporting purposes if Sponsor is required to file an IRS Form 1099 with the Internal Revenue Service for the value of a prize awarded and accepted. Except where prohibited, a potential winner also may be required to sign and return to Sponsor, within five (5) business days from the date when Sponsor’s initial notification was sent, a declaration of eligibility and liability/publicity release (“Declaration”) via email to the address specified in the Declaration in order to claim his or her prize. If the Declaration is returned as undeliverable or incomplete or a potential winner fails to complete, sign and return the applicable Declaration within the required time period, or the potential winner does not adhere to the Official Rules, including without limitation, the potential winner does not fulfill the eligibility requirements, the potential winner may be disqualified at Sponsor’s sole discretion.

In the event a potential winner is disqualified for any reason, or if a prize is unclaimed or not accepted, the prize will be forfeited. If forfeited for any reason, the potential winner will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein. Sponsor, at its sole discretion, may award the forfeited prize to an alternate potential winner. If the Sponsor decides to select an alternate potential winner for the prize, the alternate will be selected according to the method used to select the potential winner. An alternate potential winner will be contacted by Sponsor using the Direct Message (“DM”) feature of the Social Media Group after the end of the applicable Contest Period. Sponsor may, at its discretion, also attempt to contact the alternate potential winner by any other contact means provided by the alternate potential winner. If an alternate potential winner cannot be contacted or does not respond to Sponsor within forty-eight (48) hours of Sponsor’s initial notification, the alternate potential winner may be disqualified at Sponsor’s sole discretion. Sponsor retains the right to repeat this process until an alternate potential winner complies with the verification of eligibility requirements.

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE CONTEST, ANY CHANGES TO THESE OFFICIAL RULES, AND THE SELECTION OF POTENTIAL WINNERS IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.

  1. ODDS OF WINNING

The final odds of winning each prize bundle depends on the number of eligible entries received throughout the Contest Period.

  1. RIGHTS OF PUBLICITY

Except where prohibited by law, by participating in this Contest or accepting a prize, you grant Sponsor and their designees to use and/or publish your full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by entrant regarding the Contest, Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.

YOU FURTHER ACKNOWLEDGE THAT YOUR PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING YOUR NAME ON A WINNERS’ LIST.

 

  1. GENERAL CONDITIONS

Winning a prize is contingent upon accepting these Official Rules and fulfilling all requirements of these Official Rules. Sponsor reserves the right without liability to disqualify any entrant or cancel, suspend, modify and/or terminate the Contest, or any part of it, for any reason, including, but not limited to, insufficient entries in the Contest, any printing, seeding, typographical, technical errors, human or otherwise, suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest or any other factor beyond Sponsor’s reasonable control, as determined by Sponsor at its sole discretion. In such event, Sponsor reserves the right to award the prizes to the extent required by law for eligible entries submitted up to the time of the impairment (and/or thereafter), or in such other manner as deemed fair and appropriate by Sponsor at its sole discretion. Sponsor also reserves the right to disqualify any individual it finds to be tampering or interfering with the operation of the Contest, acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner and void such individual’s entry.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the Official Rules or any provision hereof.

  1. RELEASE AND LIMITATION OF LIABILITY

By participating, you agree to release, indemnify, defend, and hold harmless Sponsor, Papa John’s International, Inc. and each of their respective officers, directors, members, managers, employees, representatives, agents, successors and assigns as well as the Social Media Group (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability of any kind resulting or arising from the Contest (including reasonable attorneys’ fees), including, but not limited to, negligence and damages of any kind to persons and property, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or any other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, property damage, or death or personal injury arising out of or relating to your entry, creation of an entry or submission of an entry, participation in the Contest, acceptance, use, or misuse of a prize, or the broadcast, exploitation, or use of an entry.

To the maximum extent permitted by law, the Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, technical errors, or by any of the equipment or programming associated with or utilized in the Contest; (ii) technical failures of any kind, including, without limitation, malfunctions, interruptions, or disconnections of the equipment or software associated with or utilized in the Contest; (iii) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (iv) technical or human error which may occur in the administration of the Contest or the processing of entries; or (v) any injury or damage to persons or property including, without limitation, death, bodily injury, pain and suffering, emotional distress or loss of data which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt, use or misuse of any prize. If for any reason your entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is to submit another entry during the Contest Period through a method set forth in these Official Rules. Under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for punitive, incidental or consequential damages, in which case the liability of the Released Parties will be limited to the maximum extent permitted by law.

  1. PRIVACY

By participating, you agree you will be sharing your personal information with Sponsor. You further agree to Sponsor’s collection, use and disclosure of your personal information (including information derived from a postcard or letter entry) in accordance with its respective online privacy policy, available at www.estarsstudios.com/privacy-policy/. Please refer to each Social Media Group company’s respective privacy policy for important information regarding their collection, use and disclosure of personal information.

  1. DISPUTES

By participating, you agree that any and all disputes and claims arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class or joint action. You further agree that if the dispute or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc., in accordance with its streamlined arbitration rules and procedures or subsequent versions thereof (“JAMS Rules”). You waive any right to bring your dispute or claim in court. The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in New York. All proceedings brought pursuant to this paragraph will be conducted in New York in the city of New York. You further agree that, to the fullest extent permitted by law, (i) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will you be entitled to received attorneys’ fees or other legal costs; and (ii) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction), and the forum and venue for any dispute shall be the state or federal courts in New York, New York.

  1. EXTENDED MEANINGS; CURRENCY; FORCE MAJEURE

Unless otherwise specified in these Official Rules, words importing the singular include the plural and vice versa and words importing gender include all genders. All dollar amounts referred to in these Official Rules are in lawful money of the United States of America. The Released Parties are not responsible for any damages caused by delay or failure to perform undertakings pursuant to these Official Rules when the delay or failure is due to weather, event cancellations, fires, strikes, floods, acts of God or the state’s enemies, lawful acts of public authorities, delays or defaults caused by common carriers, or other events that cannot reasonably be foreseen or provided against.

  1. OFFICIAL RULES AND WINNERS’ LIST

These Official Rules are available at https://www.wsoe.com/blog/. The Contest Winners’ List will be available upon request on or about two weeks following the Selection Date for each Contest Period referenced above, by sending a self-addressed stamped envelope to: Estars LLC, 3993 Howard Hughes Parkway, Suite 450, Las Vegas, NV 89169, Attn: “Hearthstone Battlegrounds Twitch Giveaway Winners’ List”. The Winners’ List will be available for request at least three (3) months after the end of the Contest.

  1. SPONSOR

The Contest is sponsored by Estars LLC, 3993 Howard Hughes Parkway, Suite 450, Las Vegas, NV 89169. This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook Inc., Instagram, LLC, Twitter, Inc, or Twitch Interactive, Inc. Papa John’s International, Inc. and its subsidiaries are not sponsors of the Contest, nor do they administer the Contest. Any and all questions, comments or complaints regarding the Contest must be directed only to Sponsor and not Facebook Inc., Instagram, LLC, or Twitter, Inc.