NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN THE CONTEST. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR LIKELIHOOD OF WINNING. PARTICIPATION IN THE CONTEST IS VOID WHERE PROHIBITED.
1. Binding Agreement. In order to enter the NAME.COM “BEARGLECORN III” .GAMES LAUNCH CONTEST (the “Contest”), you must agree to these Official Rules (“Official Rules”). Therefore, please read these Official Rules prior to entry to ensure you understand and agree. You agree that submission of an entry in the Contest constitutes agreement to these Official Rules. You may not submit an entry to the Contest and are not eligible to receive any prize described in these Official Rules unless you agree to these Official Rules. These Official Rules form a binding legal agreement between you and Sponsor with respect to the Contest. As used herein, “you” means the person who submits an entry in the Contest.
2. Sponsor: Name.com, Inc. is the sponsor of the Contest (the “Sponsor”). The Sponsor’s address is 414 14th Street, Suite 200, Denver, CO 80202.
3. Eligibility: To participate in the Contest, you must be a legal resident of the United States or the District of Columbia and eighteen (18) years of age or older at the time of entry. Employees, officers and directors of the Sponsor (including employees, officers and directors of Sponsor’s parent company and affiliated companies) and their immediate family members are not eligible to participate in the Contest.
4. Contest Period: The Contest begins at 9:00 a.m. Mountain Time on Wednesday, September 21, 2016, and ends at 6:00 p.m. Mountain Time on Wednesday, October 5, 2016 (the “Contest Period”). All dates and times are subject to change.
5. Entry: To enter the Contest, during the Contest Period, visit www.bearglecorn3.games, and click the “PLAY” button to start and play the game. Once the game is over, your score will be recorded and your entry is submitted once you: i) enter in your initials (for display on the game’s leaderboard); ii) click the box that acknowledges that you have read, understand and agree to be bound by these Official Rules; and iii) click the “SUBMIT” button.
Automated or robotic entries submitted by individuals or organizations will be disqualified. Entry must be made by the entrant. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/contest subscription notification and/or entering services, will void that entrant's entries and that entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All entries must be submitted by the end of the Contest Period in order to be eligible. Sponsor's database clock will be the official time keeper for this Contest.
6. Prize; Disclaimer of Warranties; Release from Liability: One (1) Contest First Prize Winner will be selected to receive a $100 Steam gift card, plus a registration of any unregistered .GAMES domain name of their choice (“premium” and “platinum” domains excluded) for one (1) year. One (1) Contest Second Prize Winner will be selected to receive a $75 Gamestop gift card, plus a registration of any unregistered .GAMES domain name of their choice (“premium” and “platinum” domains excluded) for one (1) year. One (1) Contest Third Prize Winner will be selected to receive $50 in Name.com account credit, plus a registration of any unregistered .GAMES domain name of their choice (“premium” and “platinum” domains excluded) for one (1) year.
No substitution or cash equivalent of any prize is permitted except that if the prize is not reasonably available, the Sponsor may substitute the prize with one of equal or greater value. All prizes awarded are subject to the restrictions and limitations noted in these Official Rules, on the prizes and/or included with the prizes and the winner must abide by all such limitations and restrictions. Winners agree to accept their prize “as is” without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. The Sponsor has the right to resolve any concerns, questions, or complaints related to the prizes in its sole discretion. IN NO EVENT WILL SPONSOR, FACEBOOK OR TWITTER BE HELD LIABLE FOR ANY WARRANTY, COSTS, DAMAGE, INJURY, OR ANY OTHER CLAIMS IN CONNECTION WITH THIS CONTEST, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO USE OR MISUSE OF THE PRIZE.
7. Selection of Winners; Odds of Winning: Selection of Winners; Odds of Winning: The first prize, second prize, and third prize winners will be determined by the top three eligible scores on the leaderboard at the conclusion of the Contest Period. By participating in the Contest, you agree that the decisions of the Sponsor are final and binding in all respects. Odds of winning a prize depend on the number of eligible entries received. All decisions of Sponsor are final in all matters, including determination of the Contest winners, interpretation of these Official Rules, and awarding of prizes. PLEASE NOTE THAT EVEN IF YOUR ENTRY QUALIFIES YOU AS A POTENTIAL WINNER AT THE CLOSE OF THE CONTEST, YOU HAVE NOT YET WON A PRIZE. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, AND MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE AN ENTRANT WILL BE CONFIRMED AS A WINNER AND A PRIZE WILL BE AWARDED.
8. Notification: The potential winners will be notified by e-mail promptly following the end of the Contest Period. If, despite the Sponsor’s reasonable efforts, any potential winner does not respond by return email within five (5) calendar days of the first notification attempt, or if a notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her eligibility for the prize and an alternate potential winner may be selected. By entering and/or accepting a prize, you agree to be bound by these rules and to release Sponsor from any and all liability arising out of your participation in this Contest with respect to the awarding, receipt, use and/or misuse of any prize. If within five (5) days of notification a potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate potential winner may be selected. The Sponsor may select an alternate potential winner in its sole discretion from all eligible and qualified entries received in accordance with these Official Rules.
9. TAXES: AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or a representative for Sponsor or the relevant tax authority, all as determined by applicable law. Each potential winner is responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternate potential winner.
10. Distribution: Each prize may be distributed to the winner at his or her address in one of the fifty (50) United States or the District of Columbia, or via email to the winner, as determined by Sponsor in its sole discretion. All risk of loss passes to the winner at the point of shipment. To receive the .GAMES domain name of his/her choice (the “Domain Name”), each winner will be required to create an account at Name.com and provide his/her Name.com account name to Sponsor. The winner’s registration and use of the Domain Name will be governed by Name.com’s registration agreement. Winners will be solely responsible for all renewal fees associated with any selected Domain Name.
11. Intellectual Property Rights: Sponsor retains all rights in the Sponsor products and services and entry into this Contest will in no case serve to transfer any Sponsor intellectual property rights to you. In the event you build a website using a Domain Name registered by redeeming the prize, you grant Sponsor a nonexclusive, worldwide, sublicensable, royalty-free license to display screenshots of any such website in marketing materials, or in other manners as determined by Sponsor in its sole discretion.
12. Publicity: By entering the Contest, you agree to participate in any media or promotional activity resulting from the Contest as reasonably requested by Sponsor and agree and consent to use of your name and/or likeness by Sponsor. Sponsor will contact you in advance of any Sponsor-sponsored media request for interviews.
13. Your Representations to the Sponsor: You represent and warrant that: (a) you have the right to submit the information and material (including, where applicable, all text, photographs, graphics and other works) you have submitted or will submit to the Sponsor in connection with the Contest and that such information and material are true, correct, and complete in all material respects and not misleading; and (b) you have never been arrested, indicted, convicted or pled no contest to a felony or a crime involving moral turpitude. You agree not to submit any information or material that: (i) infringes any third party proprietary rights, intellectual property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (ii) otherwise violates applicable state, federal, or local law.
14. Indemnification: You agree to indemnify, defend and hold harmless the Sponsor and its respective subsidiaries, affiliates, successors and assigns from and against any and all claims, demands, expenses, losses or liabilities including but not limited to reasonable attorney’s fees and punitive damages that may be asserted against or incurred by them at any time in connection with: (i) your participation in the Contest; (ii) any material or information submitted by you in connection with the Contest, or any use thereof; (iii) your breach, or alleged breach, of the warranties, representations and promises provided by you in these Official Rules; or (iv) your or any third party’s acceptance, possession, use or misuse of any prize you win.
15. Technology Terms And Conditions: The Sponsor assumes no responsibility for any damage to a Contest entrant’s computer or telephone system that is directly or indirectly caused by accessing the Name.com website, the www.bearglecorn3.games website, or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, dropped or delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Sponsor is not responsible for incomplete, misdirected, late, lost, damaged, or stolen entries; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
16. Right To Cancel, Modify, or Disqualify: If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to disqualify, in its sole discretion, any person tampering with the entry process, the operation of the systems required to conduct the Contest or operate the Sponsor’s websites, or who is otherwise in violation of these Official Rules.
17. No Agency: Neither the Official Rules nor the awarding of a prize creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Sponsor and you.
19. General Conditions: NO PURCHASE NECESSARY. The Sponsor is not responsible for and is not liable for: (i) misdirected or delayed mail or e-mail; (ii) telephone, telecommunications, hardware or third party software malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the Sponsor’s control that may cause the Contest to be disrupted, corrupted or terminated; (iv) any injuries, losses, or damages of any kind arising in connection with or as a result of participating in the Contest or use of the prize; or (iv) any printing or typographical errors in any materials associated with the Contest. All issues concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contest entrants, shall be determined by the Sponsor in its sole discretion. All decisions of the Sponsor are final. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK OR TWITTER. Any information provided by a Contest entrant is being provided to Sponsor, and not to Facebook or Twitter.
20. Arbitration: By entering the Contest, you agree that any dispute, claim, or demand related in any way to the Contest shall be determined exclusively by arbitration in King County, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.
21. Winners List: To obtain a written identification of the winner, please send your request and a self-addressed stamped envelope to: NAME.COM “BEARGLECORN III” .GAMES LAUNCH CONTEST, Name.com, Inc., c/o Rightside Group Ltd., 5808 Lake Washington Blvd NE, Suite 300, Kirkland, WA 98033. Requests must be received by April 30, 2017.
© Name.com, Inc. 2016. All rights reserved.