Gameloft Xbox Console and Cozy Edition Giveaway Rules

1. NO ENTRY FEE. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

2. GENERAL INFORMATION: All Giveaway start and end dates and times will be stated in the entry form. All entries must be received during the Giveawaysperiod described in the Giveaways Page.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

3. SPONSOR: The Giveaway is Sponsored by Gameloft Inc. (“Sponsor”). Sponsor will conduct the Giveaway substantially as described in these Official Rules. All copyrights and trademarks are the property of their respective owners. This Giveaways is not sponsored, endorsed, administered by, or associated with any Social Media Platform or Disney.

4. ELIGIBILITY: Unless otherwise stated in the Giveaway Post and in the Giveaway Rules Main Table above, the Giveaway is open only to natural persons who (i) are at least 18 years of age or older (at the time of entry) (and, if the entrant is a minor in their state of residence, who enter with the permission of a parent or guardian), and (ii) are eligible to enter the Giveaway as set forth in these Official Rules. Residents of the following jurisdictions are not eligible to enter the Giveaway: Australia, Belgium, Malaysia, Norway, China, Cuba, Iran, Italy, Russia, Belarus, the Kherson, Zaporizhzhia, Crimea, Donetsk and Luhansk regions of Ukraine, Syria, North Korea, Brazil, Myanmar (formerly Burma) and Sudan, and any other jurisdictions where the Giveaway is prohibited or restricted by applicable law. Employees of the Sponsor, Disney, and their respective parent companies; affiliates; subsidiaries; advertising, promotion, fulfillment or other coordinating agencies; individuals providing services to the Sponsor through an outsourcer or temporary employment agency during the Giveaway Period; and their respective immediate family members and persons living in their same household are not eligible to participate in the Giveaway. The Giveaway is subject to all applicable federal, state, and local laws and regulations. By participating in the Giveaway, entrants agree fully and unconditionally to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Giveaways. By participating in the Giveaway, entrants undertake to comply with all policies and/or guidelines posted by the Social Media Platform(s). Eligibility to win a prize is contingent upon complying with and fulfilling all requirements set forth herein.

1. HOW TO ENTER: See above. 

   AN ENTRANT MAY ONLY SUBMIT ONE ENTRY DURING THE GIVEAWAY PERIOD. ENTRIES RECEIVED BY ONE ENTRANT FROM MULTIPLE ACCOUNTS SHALL BE DISQUALIFIED. Attempts made by the same individual to submit multiple entries by using multiple accounts or otherwise may be disqualified. Entries generated by script, macro, robotic, programmed, or any other automated means (including but not limited to any tool integrating Artificial Intelligence) are prohibited and will be disqualified. 

   All determinations of eligibility shall be final and binding. For the avoidance of doubt, Gameloft may not provide the entrant with confirmation of Giveaway entry. 

2. SUBMISSION CONDITIONS AND RESTRICTIONS: By entering a Submission into the Giveaway, each entrant grants Sponsor a perpetual non-exclusive license to use their Submission, and acknowledges and agrees that Sponsor may use, or not use, entrant’s Submission, or any part of it, in any manner, in any media, at any time, in its sole discretion, including in a commercial manner and in advertising and promotions, and entrant forever releases and discharges Sponsor from any liability associated with any such usage. 

In addition to any other requirements set forth in these Official Rules, where applicable, in order to be deemed eligible for participation, each Submission and/or the entrant submitting it must meet the following conditions and restrictions:

• The Submission must be an original creation and/or a picture of the entrant (not of a third party) and not subject to any third-party interests (other than Sponsor’s).

• The Submission must be original to the entrant and not be based on any third-party photos and must not contain any recognizable art or other copyrighted materials, or third-party logos, trademarks or other commercial or advertising content, other than those of the Sponsor. The entrant either owns or has received permission from the photographer to submit the Submission, including the permission to make the Submission public without payment.

• The Submission cannot have been previously submitted in a promotion of any kind or exhibited or displayed publicly by any means.

• The Submission 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 Submission 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 Sponsor, determined by Sponsor in its sole and exclusive discretion.

• The Submission must not disparage the Sponsor or any other person or entity.

• The Submission 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 Submission 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 Submission must not depict material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.

• The Submission must comply with the Terms and Conditions, as well as any guidelines, posted by the Social Media Platform(s) where the Giveaway is conducted, including but not limited to Facebook, X, Instagram, Discord.

Sponsor, in its sole discretion, shall determine if any Submission or part thereof is inappropriate for any reason for public release or publication. Sponsor shall have the right to disqualify any Submissions that it deems does not meet the criteria, or due to technical, legal (including Intellectual Property rights infringement), clearance or other problems, or which it deems to be obscene, pornographic, demeaning or otherwise not in good taste, or otherwise in breach of the above rules, as determined by Gameloft in its sole discretion. 

1. GIVEAWAY WINNER DETERMINATION: The Giveaway winner will be determined in a random drawing from among all eligible entries received. The drawing will be conducted on or about the end of the Promotion. Odds of winning a prize depend on the number of eligible entries received. 

Sponsor’s decisions will be final and binding in all matters related to the Giveaway.

1. NOTIFICATION: Sponsor will make up to two (2) attempts over the 48-hour period following each winner’s selection to contact the potential winner via private message on the applicable Social Media Platform(s) through which entry was made. If the potential winner cannot be reached during the 48-hour period in which they are contacted, such potential winner will be disqualified and an alternate winner will be selected among the remaining eligible entries received if time permits (at Sponsor’s sole discretion). For potential winners residing in Canada, before being confirmed as a winner, the selected entrant must correctly answer, unaided, a time limited mathematical skill-testing question. The return of a potential winner’s notification, prize information, or the prize as undeliverable or rejection of the Prize by the potential winner will result in disqualification of the potential winner, and an alternate potential winner may be selected among the remaining eligible entries received. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winners, if any. In the event of a dispute about the identity of an entrant, each entry will be deemed to have been made by the authorized account holder of the email address associated with the potential winner’s entry. The authorized account holder is defined as the natural person who is assigned to an email address by an Internet Service Provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. With respect to each winning entry, the winner may be required to provide proof that the winner is the authorized account holder of the email address associated with the winning entry and is otherwise eligible to enter the Giveaway.

1. PRIZES: No transfer, or cash or other substitution of prizes allowed except that the Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize or prize component of comparable or greater value. If digital, the Sponsor shall deliver the prize as soon as reasonably practicable. If the prize is a physical item, allow eight (8) weeks for delivery of prize. The Sponsor will not replace any lost or stolen prizes once in winner’s possession. 

1.  PRIZE CONDITIONS: Except where prohibited by law, a potential prize winner (or the winner’s parent or legal guardian if the winner is a minor in their state of residence) may be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release (“Affidavit/Release”). Such documents must be signed and returned by the date and/or time indicated within such documents. If the documents are not signed and returned within that time, or if an entrant is found to be ineligible, or if an entrant does not comply with these Official Rules, each as determined by Sponsor in Sponsor’s sole discretion, then the potential winner will be disqualified and an alternate potential winner will be selected based on the winning criteria. Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and redemption to redeem said prize and any liability which might arise from redeeming or seeking to redeem said prize. Sponsor is not responsible for fraudulent calls or emails made to entrants not by Sponsor. All entries are subject to verification prior to awarding of prizes. Eligibility, age, and claims made by prize winner also are subject to verification prior to awarding of prizes.      

1. TAXES: All federal, state, provincial, and local taxes and other tax liabilities (including income taxes), if any, and other incidental costs or expenses not identified in these rules are the sole responsibilities of the winner. Winner will be issued an IRS 1099 Form for the fair market value of the prize.

1. RELEASE: By participating in the Giveaway, entrants agree to release, indemnify, defend and hold Sponsor, 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 Giveaway as well as Disney, and  the Social Media Platform(s) where the Giveaway is conducted (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 the Giveaway or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of any prize, or acceptance, possession, or use of any prize, or from participation in the Giveaway; and (iii) any printing or typographical errors in any materials associated with the Contest.

1. LIMITATION OF LIABILITY/ CLASS ACTION WAIVER: The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence (including prizes), whether through the platform, by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties. Prizes are awarded “as is, where is,” without warranty of any kind, express or implied, including without limitation any warranty of merchantability or suitability for a particular purpose. Except where prohibited, by participating in the Giveaway and submitting an entry, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the prize awarded, determination of a winner, or any other matter relating to the Giveaway that cannot be resolved between such entrant and any Releasees shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorneys’ fees. Notwithstanding anything to the contrary herein, in no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Gameloft’s platform, the Giveaway, any website, content, advertising or other materials used, displayed or issued in connection with the Giveaway, or any submission or entry, and such entrant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. IN NO EVENT WILL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE GIVEAWAY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL ENTRANTS.

1. PUBLICITY RELEASE: Except where prohibited, an entrant’s participation in the Giveaway constitutes consent to the perpetual, worldwide, royalty-free use of their name, photo, and/or likeness, biographical information, entry, and statements attributed to them by any Releasee for advertising and promotional purposes, including without limitation, inclusion on Sponsor’s platform, in its e-mail blasts and any other media chosen by Sponsor without compensation or additional compensation. When applicable and required by law, the Participant shall sign off a photo and video content waiver, indemnity and release form provided by the Sponsor. 

1. GENERAL CONDITIONS: By participating in the Giveaway, each entrant acknowledges that they have read these Official Rules and agrees to be bound by them and by the decisions of Sponsor, which are final and binding on all matters pertaining to the Giveaway. Non-compliance with these Official Rules may result in disqualification and all associated entries will be void. Sponsor reserves the right, in its sole discretion and without liability to the entrant, to cancel, modify or suspend the Giveaway in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Giveaway is compromised. Sponsor reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion and without liability to the entrant or winner. The Giveaway is subject to these Official Rules and all applicable federal, state, provincial, and local laws and regulations. The Giveaway is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Giveaway, including the rights and obligations of the entrant and Gameloft in connection with the Giveaway, or the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Any legal actions, suits or proceedings related to the Giveaway (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Los Angeles County, California, and each entrant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Giveaway. Sponsor may substitute prizes of equivalent value, amend the rules, or discontinue the Contest at any time for any reason. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Giveaway.

1. PRIVACY AND PERSONAL INFORMATION: Please review these Official Rules and the Privacy Policies carefully at http://www.gameloft.com/privacy-notice. By participating in the Giveaway, entrants hereby agree to such collection and use of their personal information by Sponsor, either collectively or individually, and acknowledge that they have read and accepted these Official Rules and the Privacy Policies. 

1. FORCE MAJEURE: Without limiting any other provision in these Official Rules, in the event that any of the entrant’s activities, Giveaway’s activities or the Releasees’ operations or activities are affected, as determined by Gameloft, in their sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. SARS), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, Gameloft shall have the right to modify, suspend, or terminate the Giveaway, and no Releasees shall be responsible or liable to any entrant or prize winner or any person claiming through such entrant or prize winner for failure to supply the prize or any part thereof. Gameloft is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.

1. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to (or decision not to) enforce any provision in these Official Rules shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and these Official Rules, these Official Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

1. WINNER’S LIST: For the name of the official prize winner, available after the conclusion of the Giveaway, or a copy of these Official Rules, send a self-addressed, stamped envelope to “Gameloft Xbox and Cozy Edition Giveaway ” – WINNERS LIST <OR> Gameloft Xbox and Cozy Edition Giveaway , Gameloft Inc., 200 Hudson St., New York, NY 10013, United States of America. Vermont residents may omit return postage for Official Rules requests. Official Rules are also available during the Giveaway Period on Sponsor’s platform.

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