NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION UNLESS OTHERWISE STATED IN THE KEY RULES (AS DEFINED BELOW). A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING UNLESS OTHERWISE STATED IN THE KEY RULES. IF THE PROMOTION REQUIRES ACCESS TO A GAME OR SERVICE IN ORDER TO ENTER, YOU MUST HAVE LEGALLY ACQUIRED THE GAME OR SERVICE (AS APPLICABLE) PRIOR TO THE LAUNCH OF THE PROMOTION UNLESS OTHERWISE STATED IN THE KEY RULES.
FOR U.S. RESIDENTS: ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND YOU WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
IMPORTANT! Please read the official rules (“Key Rules”) provided with the relevant sweepstakes/prize draw or contest (the “Promotion”) and the following additional promotion official rules (“Additional Rules”) before entering the Promotion. The Additional Rules and the Key Rules together are referred to as the “Official Rules”. By entering the Promotion, you agree to be bound by the Official Rules and represent that you satisfy all eligibility requirements for the Promotion. If there is any conflict between the Key Rules and the Additional Rules, the Key Rules shall control.
The decisions of the Sponsor (as defined below) are final and binding in all matters relating to the Promotion, including interpretation and application of these Official Rules.
Eligibility to Enter. THE PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE JURISDICTIONS IDENTIFIED IN THE KEY RULES (THE “PROMOTION JURISDICTION”) WHO ARE AT LEAST THE AGE IDENTIFIED IN THE KEY RULES AT THE TIME OF ENTRY. Directors, officers, shareholders, representatives, agents, and employees of Sponsor, Sponsor’s affiliates, Sponsor’s vendors, Sponsor’s professional advisors, Sponsor’s advertising and promotional agencies, and each of such persons’ immediate family members and/or those living in the same household, are not eligible to enter the Promotion or win a prize. “Immediate family members” means spouses, partners, parents, legal guardians, in-laws, grandparents, siblings, children, and grandchildren. “Those living in the same household” means people who share the same residence at least three months a year, whether legally related or not. There is a limit of one (1) entry per person, per household, per email account or other applicable account described in the Key Rules unless otherwise stated in the Key Rules. Notwithstanding the Promotion Jurisdiction identified in the Key Rules, the Promotion is not open (i) to residents of countries currently subject to United States, United Kingdom, Canadian, European Union, or Japanese embargo; (ii) to anyone on the United States list of state sponsors of terrorism; or (iii) where otherwise prohibited by law. Sponsor reserves the right to disqualify entrants whose eligibility is in question.
Additional Terms for Sweepstakes/Prize Draws. If the Promotion is a sweepstakes or a prize draw, the following terms apply: UNLESS OTHERWISE STATED IN THE KEY RULES, ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
For Residents of Canada or Mexico: In addition to the Winner-selection procedure described in the Key Rules, residents of Canada or Mexico who enter a sweepstakes or prize draw must correctly answer a time-limited mathematical skill-test question without assistance of any kind in order to win a prize.
Promotion Period. The “Promotion Period” begins on the date and time indicated in the Key Rules and ends at the date and time indicated in the Key Rules (the “Deadline”). You must submit your entry by the Deadline to be eligible to win a prize. Sponsor will determine the valid and official entry time should any discrepancies of time occur. Sponsor reserves the right to extend the Promotion Period without notice.
How to Enter. To enter the Promotion (an “entry”), you must follow the procedure for entry set out in the Key Rules. If you submit any information or materials as part of or in connection with the entry, all such information and materials (including any images, videos, audio, text, or other copyrightable content) are part of the “entry.” You must comply with all applicable laws and regulations at all times in connection with the Promotion and your entry.
Sponsor and Sponsor’s affiliates may run multiple contests, sweepstakes, prize draws, or other promotions simultaneously. Entry into one such promotion does not constitute entry into any other.
Entry Requirement and Improper Entries. You represent and warrant that your entry is an original work of authorship created by you; that you have obtained all permissions, licenses, and consents necessary for you to submit your entry and for Sponsor to make full use of your entry as contemplated by the Official Rules; that Sponsor’s use of your entry as authorized by the Official Rules will not result in any liability for or obligations on Sponsor, its affiliates, or their licensees; and that the entry complies with the all the requirements in the Official Rules, including but not limited to all the requirements in this Section 5. You agree to provide Sponsor with copies of all permissions, licenses, and consents contemplated herein at Sponsor’s request.
Sponsor may disqualify entries that: (a) do not comply with the Official Rules or any instructions provided by Sponsor; (b) violate any applicable laws or regulations; (c) violate or infringe the rights of any person or entity, including any intellectual property rights, publicity rights, or privacy rights; (d) are missing required information or materials; (e) contain any personally identifiable information or personal data about any individual other than you; (f) are sexually explicit, obscene, vulgar, discriminatory, hateful, harassing, insulting, threatening, or contain any other potentially offensive subject matter; (g) are counter to public order and/or morals; (h) contain forged, false, fraudulent, misleading, or potentially defamatory information or materials; (i) make unauthorized use of any person or entity’s name, identity, information, or likeness; (j) are of low visual or audio quality, illegible, corrupted, damaged, destroyed, or are otherwise difficult to evaluate; (k) violate the terms or policies of any applicable Social Media Platform (as defined below); (l) contain viruses, Trojan horses, or harmful or malicious content, or that could otherwise adversely impact the Promotion, users of any applicable Social Media Platform or website, or any other person or entity; (m) are in excess of the stated entry limits; (n) were misdirected, lost, or otherwise failed to be delivered to Sponsor before the Deadline; (o) are generated or transmitted by a script, computer program, or macro, or any other programmed, robotic, or automated means; (p) are the subject of any actual, threatened, or pending litigation, arbitration, claim, or dispute; (q) were submitted by an entrant who Sponsor or Sponsor’s affiliates disqualified from any previous contest, sweepstakes, prize draw, or other promotion; (r) were submitted by an entrant who tampered with the operation of the Promotion; or (s) are, or were submitted by an entrant who engaged in conduct that was, otherwise harmful, damaging, or detrimental to Sponsor, a Released Party (as defined below), any other entrant, or any person or entity. Sponsor may modify entries so they comply with the Official Rules.
Additional Terms for Social Media Promotions. The following terms apply only if the Promotion involves the use of Twitter, Facebook, YouTube, Snapchat, Twitch, Instagram, Discord, Tumblr, Tik Tok, or another social media platform or online service (each, a “Social Media Platform”): (i) the Social Media Platform’s owner (e.g., Twitter, Inc. for Twitter, Facebook, Inc. for Facebook, Alphabet, Inc./Google for YouTube, Snap, Inc. for Snapchat, Twitch Interactive, Inc. for Twitch, Instagram, LLC for Instagram, Tumblr, Inc. for Tumblr, etc.) (the “Social Media Platform Owner”) and any of its parent companies, subsidiaries, or affiliates, and each of their directors, officers, shareholders, employees, agents, vendors, and agencies shall be “Released Parties” for purposes of these Official Rules; (ii) the Promotion is in no way sponsored by, endorsed by, administered by, or associated with the Social Media Platform or the Social Media Platform Owner; (iii) your user profile, and all posts or updates related to the Promotion, must be publicly viewable and must remain publicly viewable for the entirety of the Promotion Period (if applicable) and until all prizes are awarded; (iv) you must not create or use multiple accounts with the same Social Media Platform in connection with a single Promotion; (v) you must not post duplicate, or near duplicate, content to your Social Media Platform account and you must not submit multiple entries per account in a single day; (vi) if applicable, you must “follow,” “friend,” “like,” etc. (depending on the Social Media Platform) the relevant Sponsor/Promotion account or post (depending on the Social Media Platform) prior to submitting an entry to ensure Sponsor is able to view your entry and contact you (if necessary); (vii) you must not inaccurately tag user content (for example, you must not tag yourself in a photo if you are not actually in the photo); (viii) you must agree to and comply with the Social Media Platform’s terms of service, privacy policies, and all other applicable policies and terms (including, if applicable, the YouTube Community Guidelines currently available at https://www.youtube.com/yt/about/policies/#community-guidelines); and (ix) if the Promotion is on Tumblr, you understand that you are giving information to Sponsor and not to Tumblr, and that you must be at least 18 years old to enter. The Released Parties are not responsible for any changes or unavailability of the Social Media Platform that may interfere with the Promotion (including any limitations, restrictions, or conditions on Sponsor’s ability to use the Social Media Platform) or your ability to timely enter the Promotion, receive notices, or communicate with Sponsor via the Social Media Platform.
Winner Selection. Sponsor shall select the number of prize winners (each, a “Winner”) indicated in the Key Rules. Sponsor shall select the Winner(s) from among the entrants in the manner described in the Key Rules. Only eligible entrants will be eligible to win a prize.
If there is a dispute about the identity of the person who entered the Promotion with an online account, entries shall be deemed to have been made by the authorized account holder of the relevant account at the time of entry, as determined by Sponsor in its sole and absolute discretion. An authorized account holder is the natural person who the relevant service provider assigned to the account. You may be required to provide proof that you are the authorized account holder. If Sponsor cannot resolve a dispute about the identity of the authorized account holder to Sponsor’s satisfaction, Sponsor will disqualify the affected entry.
For Residents of Mexico: Residents of Mexico may be required to purchase a product sold by Sponsor or one of Sponsor’s affiliates, or demonstrate proof of past purchase of such a product, in order to win a prize.
Winner Notification and Requirements. If you win the Promotion, Sponsor will notify you via the method set out in the Key Rules by the date set out in the Key Rules (the “Notification”). If no such date is set out in the Key Rules, the date shall be no more than three (3) months after the Deadline. If no notification method is set out in the Key Rules, Sponsor shall notify you via your email account, any other account or contact information you provided as part of your entry, or a public post or reply on a winning entry (if applicable). Return of any Notification as undeliverable will result in disqualification.
To be eligible to receive a prize, you must follow the instructions in the Notification and respond with the requested information or documents prior to the date specified in the Notification or, if no such date is specified, within a reasonable time. You must send the requested documents to Sponsor at the address specified in the Notification and Sponsor must receive them by the date specified in the Notification or, if no date is specified, within a reasonable time. As a condition of being awarded a prize, Sponsor may require that you execute and deliver to Sponsor a signed affidavit of eligibility, an acknowledgement of the Official Rules, a release of liability, and/or any other agreements or releases. Sponsor may also require, in its sole discretion, that you notarize or otherwise verify any requested documents. If a you fail to provide the requested information or documents according to the instructions in the Notification, or if the requested documents are not signed by an appropriate person (e.g., by a parent or legal guardian, if you are a Minor) or are not received by Sponsor by the specified date, Sponsor may disqualify you from receiving a prize.
Winners’ List/Promotion Official Rules Request. In order to comply with applicable regulations in certain territories, Sponsor may make the name and location of each winner available as part of a Winners’ list on request. For a copy of the Winners’ list, send a stamped, self-addressed, business-size envelope within three (3) months after the Deadline to Sponsor at the address listed below (Attention: Legal Department - Winners’ List) and provide the name, date, and URL of the Promotion. Winners’ lists may not identify the names of Winners that are residents of certain jurisdictions if disclosure of such information is prohibited by applicable law. To obtain a copy of the Official Rules, send a stamped, self-addressed, business-size envelope within two (2) months after the Deadline to Sponsor at the address listed below (Attention: Legal Department - Promotion Official Rules) and provide the name, date, and URL of the Promotion.
Prizes. The Winner(s) will receive the prize(s) identified in the Key Rules. Please allow up to three (3) months for delivery; Sponsor will deliver prizes to your home address only, unless otherwise indicated in the Key Rules. Sponsor shall select the actual model, color, accessories, and features of the prize(s) and they may differ from those depicted in Promotion materials or advertising. You may not win or receive more than one (1) prize per Promotion unless otherwise indicated in the Key Rules. Prizes are not transferable unless otherwise indicated in the Key Rules. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute prizes of equal or greater value for any prize listed in the Key Rules. All prizes are awarded “AS IS” and WITHOUT ANY WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose (except as required by law). The approximate retail value (“ARV”) of the prize(s) is based on pricing information available to Sponsor; actual retail value of the prizes may vary due to market conditions at the time the prizes are awarded. Winner will not receive the difference, if any, between the actual value of the prize(s) and the stated ARV. Unclaimed prize(s) will be forfeited. The Released Parties are not responsible for and will not replace any prizes that are (i) lost, damaged, or stolen during shipment/delivery to the Winner or (ii) undeliverable or do not reach the Winner because the Winner provided an incorrect or outdated address. If a Winner refuses some or all of a prize, the unaccepted or unused part of the prize will be forfeited and the Released Parties will have no further obligation with respect to that prize. References to the names of third parties in connection with prizes are for identification purposes only and do not suggest that the third party endorsed, sponsored, or is in any way affiliated with Sponsor or the Promotion.
Trip Prizes (Applicable Only if a Trip Is Awarded as a Prize). The following terms apply only if a trip is part of the prize in the Promotion (a “Trip Prize”). All travel arrangements for a Trip Prize must be made through the Sponsor or Sponsor’s designee. All travel must be conducted on the dates, by the methods, and using the providers selected by Sponsor, and are subject to change at Sponsor’s discretion. Certain restrictions and blackout dates may apply. Travel and lodging are subject to availability. The round-trip transportation element for a Trip Prize begins and ends at the point of departure. If Sponsor determines that air or train travel is not required due to the Winner’s proximity to the Trip Prize location, Sponsor may substitute another mode of transportation without any compensation to the Winner. Sponsor is not responsible for, and shall not issue compensation for, any cancellations, delays, diversions, substitutions, route changes, or any other acts or omissions whatsoever by air, rail, or other carriers; hotels; venue operators; transportation companies; or any other persons or entities providing any Trip Prize-related transportation, services, experiences, or accommodations. Travel, accommodation, and other experiences are subject to the terms and conditions of the applicable providers. Lost, stolen, or damaged tickets, vouchers, certificates, or other Trip Prize-related documents or materials will not be replaced or exchanged. Airline and other tickets/reservations are non-refundable/non-transferable and are not valid for upgrades or loyalty/rewards programs. The Winner and the Winner’s travel companion(s) (“Companions”) (if applicable) must travel together on the same itinerary. It is the responsibility of the Winner and any Companions to provide and maintain proper or necessary travel documents (including government-issued picture identifications, passports, visas, etc.). Unless approved in writing by Sponsor, Companions must be at least 18 years old and at least the age of majority in their place(s) of residence as of the date of departure. Once a Companion is selected, the Companion may not be substituted except in Sponsor’s sole discretion. Sponsor may require Companions to execute liability/publicity releases prior to travelling (unless prohibited by law). The Winner and any Companions are responsible for obtaining travel insurance and any other insurance at their option and cost; you hereby acknowledge that Sponsor will not obtain or provide travel or any other form of insurance for you or any Companion. Hotels or other providers may require the Winner to provide a credit card; you are solely responsible for providing your own credit card under such circumstances. All costs not specifically mentioned in the Key Rules are not included as part of the Trip Prize and are solely the Winner’s responsibility, including, but not limited to, costs related to additional ground transportation, travel insurance, room service, bag checks, parking, laundry service, food, beverages, merchandise, souvenirs, telephone calls, internet services, mobile carriers (including roaming and data charges), taxes, tips, gratuities, and service charges. The actual retail value of the Trip Prize may vary depending on the point of departure, travel dates, and fare fluctuations; if the actual value of the Trip Prize is less than the stated ARV, Winner will not receive the difference.
Effect of Forfeit or Disqualification. If you forfeit, or if you or your entry are disqualified for any reason, you will not receive any prize. In such an event, Sponsor may select an alternate Winner using the selection procedure in the Key Rules, or Sponsor may elect to hold another Promotion Period to pick an alternate Winner, or Sponsor may, subject to applicable law, elect not to award the prize at all. If Sponsor disqualifies you from the Promotion, Sponsor and Sponsor’s affiliates may disqualify you from any future contests, sweepstakes, prize draws, or other promotions.
Taxes, Costs, Fees, and Compensation. Winners may be subject to tax liability depending on the Winner’s jurisdiction. IT IS YOUR SOLE RESPONSIBILITY TO COMPLY WITH ANY LEGAL OBLIGATIONS RELATED TO PRIZE WINNINGS AND/OR TAXES, INCLUDING REPORTING ANY PRIZE WINNINGS TO THE APPROPRIATE TAX AUTHORITIES AS REQUIRED BY APPLICABLE LAW, AND PAYING ANY APPLICABLE TAXES, COSTS, OR FEES ASSOCIATED WITH ENTERING THE PROMOTION OR RECEIPT OR USE OF ANY PRIZE(S). Sponsor shall notify the applicable tax and legal authorities about the Promotion, winners, and prizes to the extent required by applicable law; for example, Sponsor may issue an IRS Form 1099 in your name for the actual value of any prize(s) you received. If you win a prize, Sponsor may require you to provide a valid tax identification number, social security number, or other tax information before Sponsor will award the prize(s) to you. You should consult with professional financial, legal, tax, and/or other advisors for guidance concerning tax and other legal obligations.
IN NO EVENT WILL YOU BE ENTITLED TO ANY FEE, ROYALTY, OR OTHER COMPENSATION (OTHER THAN THE PRIZE, IF YOU ARE A WINNER) OF ANY KIND AS A RESULT OF THE PROMOTION. BY ENTERING, YOU IRREVOCABLY WAIVE ANY RIGHT TO COMPENSATION FOR SPONSOR’S AND SPONSOR’S AFFILIATES’ USE OF YOUR ENTRY OR NAME AND LIKENESS IN ACCORDANCE WITH THESE OFFICIAL RULES.
Intellectual Property Rights and Other Rights in Entries. Upon submission of an entry, you irrevocably grant Sponsor and Sponsor’s affiliates a non-exclusive, perpetual, royalty-free, no-cost, fully assignable and sublicensable license and right to use and otherwise exploit the entry, in whole or in part, in any manner or medium now or hereafter known or devised, throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, modify, sell, adapt, combine it with other material, make derivative works of, and otherwise use and exploit the entry, for commercial or non-commercial purposes, without having to give any compensation or attribution to you or any third party. Sponsor and Sponsor’s affiliates have the unrestricted right to assign or transfer any of their rights in the entry, and to grant unlimited, multiple-level sublicenses in their rights to the entry. You hereby forever waive, relinquish, and agree not to enforce any “moral rights” (otherwise known as droit moral) now or hereafter recognized in connection with your entry. As a condition of participating in the Promotion and/or being selected as a Winner, Sponsor may request that you assign your entry to Sponsor. You may be required to confirm such assignment by completing and submitting documents at Sponsor’s request (if you fail to promptly sign or return such documents, Sponsor may disqualify your entry). You must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions, or third-party obligations. You must provide Sponsor with proof that you maintain all necessary rights in your entry upon request; failure to provide such proof may lead to you and your entry being disqualified from the Promotion (among other things). Sponsor has sole discretion to determine the extent and manner of Sponsor’s use of your entry; Sponsor is not obligated to use or retain a copy of your entry. All physical entries become Sponsor’s property and will not be returned; Sponsor may destroy, dispose of, or make any other use of such physical entries at any time.
You acknowledge that you are not submitting your entry in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Sponsor, other entrants, or other third parties may have created ideas and concepts that are similar to your entry; in such an event, you will not be entitled to any compensation from, or have any right to negotiate with, the Released Parties because of such similarities. Notwithstanding any custom or practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate you for your entry, and there is no obligation for any Released Party to pay or otherwise compensate you for your entry, even if Sponsor or a Released Party make use of an idea or content from your entry. Entries are not confidential.
Limited License to Use Sponsor Content. If the Key Rules expressly permit you to include Sponsor’s name, trademarks, or other content (“Sponsor Content”) in your entry, Sponsor hereby grants you a non-exclusive, revocable, limited license to use the Sponsor Content solely in connection with the creation and submission of your entry. Any other use of Sponsor Content is prohibited and may be grounds for disqualification and/or legal action against you. All use of Sponsor’s name and intellectual property, including any Sponsor Content, in connection with the Promotion will inure solely to the benefit of Sponsor. All derivative works based on or using Sponsor’s intellectual property will be the sole and exclusive property of Sponsor. You acknowledge that, as between you and Sponsor, Sponsor owns all right, title, and interest in and to all copyrights, trademarks, trade-dress, and other rights associated with Sponsor’s name, intellectual property, services, products, and designs, and the goodwill pertaining to all of the foregoing. You will not acquire and must not claim any title to any of the foregoing and must not make any use of the Sponsor Content following the conclusion of the Promotion. If Sponsor desires to secure additional assignments or other documents in order to effectuate the purposes of this Section, you agree to sign such documents upon Sponsor’s request therefor.
Use of Name, Likeness, and Other Personal Data. If you agreed to enter the Promotion, Sponsor may use (if applicable to the particular Promotion) your name, likeness, social media names and/or handles, avatars, profile images, and any other information requested or submitted on entry to the Promotion (collectively, “Name and Likeness”) only for the purposes of the Promotion (including, but not limited to, (i) publicly displaying your entry in any and all media throughout the world (if applicable for the particular Promotion), (ii) awarding and/or delivering prizes, and (iii) communicating with you about the Promotion) without any further remuneration. You agree to sign any document that Sponsor may require from you in that respect. As a condition of winning a prize, except where prohibited by law, you may be required to execute a further consent to the use of your Name and Likeness for promotional purposes without further permission or compensation. In order to comply with advertising regulations in certain territories, Sponsor must make the surname and location of each winner available on request. For more information about data protection, please see Square Enix’s Privacy Notice.
Minors. If you are under eighteen (18) years old or under the age of majority in your place of residence (a “Minor”) then the terms of this Section 16 apply to you and your parent(s) or legal guardian(s) (“Guardians”). In order to enter the Promotion or win a prize, your Guardians must read and agree to the Official Rules on your and their behalves and must grant you permission to enter the Promotion and/or win a prize. Your Guardians must ensure that you comply with and satisfy all the terms of the Official Rules or, to the extent necessary, that they comply with and satisfy all the terms of the Official Rules on your behalf. Sponsor may require you to provide contact details for your Guardians. Sponsor may require your Guardians to provide written proof of identity, guardianship, and/or consent and may require your Guardians to sign documents—including licenses, releases, waivers, and consents—on your and their behalf as contemplated by the Official Rules. Sponsor may award prizes won by you to your Guardians. By permitting you to participate in the Promotion, YOUR GUARDIANS FURTHER AGREE TO RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY OF THE CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN SECTION 17 THAT MAY BE SUFFERED BY YOU OR YOUR GUARDIANS.
General Release. BY ENTERING THE PROMOTION, YOU AGREE TO RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS THE SPONSOR; SPONSOR’S AFFILIATES; ANY PERSON OR ENTITY THAT PROVIDED SERVICES RELATED TO THE PROMOTION OR THE PRIZES; ANY PERSON OR ENTITY THROUGH WHICH YOU POSTED, OBTAINED, OR SUBMITTED MATERIALS IN CONNECTION WITH THE PROMOTION (E.G., THE OWNERS OF SOCIAL MEDIA PLATFORMS, ONLINE SERVICE PROVIDERS, MOBILE NETWORKS); ANY PERSON OR ENTITY THAT PROVIDED PRIZES FOR THE PROMOTION; ANY OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, OR AFFILIATES; AND ANY OF THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, VENDORS, AND AGENCIES (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY LIABILITY WHATSOEVER, AND WAIVE ANY AND ALL CAUSES OF ACTION FOR ANY CLAIMS, COSTS, INJURIES (UP TO AND INCLUDING BODILY INJURY AND DEATH), LOSSES, OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR PARTICIPATION IN THE PROMOTION, INCLUDING YOUR ENTRY; (III) THE PRIZE, INCLUDING ANY ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE (INCLUDING, WITHOUT LIMITATION, LOSSES, DAMAGES, OR INJURIES TO YOUR OR ANY OTHER PERSON’S PROPERTY OR PERSONS); (III) YOUR BREACH OF THE OFFICIAL RULES; (IV) ANY VIOLATION OF RIGHTS OF PUBLICITY OR PRIVACY, CLAIMS OF DEFAMATION OR PORTRAYAL IN A FALSE LIGHT, OR CLAIMS BASED ON INFRINGEMENT OF INTELLECTUAL PROPERTY; (V) ANY PRINTING, TYPOGRAPHICAL, HUMAN, OR OTHER ERROR IN THE PRINTING, OFFERING, SELECTION, OPERATION, OR ANNOUNCEMENT OF ANY PROMOTION ACTIVITY AND/OR PRIZE; (VI) ANY LATE, LOST, MISROUTED, GARBLED, OR DISTORTED OR DAMAGED TRANSMISSIONS OR ENTRIES; (VII) ANY TELEPHONE, ELECTRONIC, HARDWARE, SOFTWARE, NETWORK, INTERNET, OR OTHER COMPUTER- OR COMMUNICATIONS-RELATED MALFUNCTIONS OR FAILURES; OR (VIII) ANY PROMOTION DISRUPTIONS, INJURIES, LOSSES, OR DAMAGES CAUSED BY EVENTS BEYOND THE CONTROL OF SPONSOR OR THE RELEASED PARTIES, WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR ANY OTHER THEORY.
Limitation of Liability. Some jurisdictions (including Quebec) may not allow limitations or exclusions of liability, so the following provision applies to you only if you reside in a jurisdiction that permits such limitations or exclusions: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES ARE NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION, EXCEED ACTUAL OUT-OF-POCKET COSTS INCURRED BY YOU (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00) (OR, IF YOU WERE A WINNER AND CLAIM THAT SPONSOR FAILED TO DELIVER A PRIZE TO YOU, THEN THE ARV OF THE PRIZE) AND IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
Governing Law and Venue. To the extent permitted by law, all issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules or the rights and obligations of you, Sponsor, or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions. If you are a legal resident of Canada, and if the above clause establishing application of the internal laws of the State of California is found to be invalid or unenforceable for any reason, all issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules or the rights and obligations of you, Sponsor, or Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the Province of British Columbia, without giving effect to any choice of law or conflict of law rules or provisions.
If either: (i) you are not a legal resident of the United States or (ii) the arbitration provisions of Section 21 do not apply to you for any reason, then you agree to the exclusive jurisdiction and venue of the courts of Los Angeles, California, for any disputes arising out of the Official Rules or the Promotion. If you are a legal resident of Canada, and if the preceding clause establishing Los Angeles, California, as the exclusive jurisdiction and venue is found to be invalid or unenforceable for any reason, you agree to the exclusive jurisdiction and venue of the courts of Vancouver, British Columbia.
Class-Action Waiver. Some jurisdictions (including Quebec) may not allow limitations on available remedies, so the following provision applies to you only if you reside in a jurisdiction that permits such limitations: AS A CONDITION OF PARTICIPATING IN THE PROMOTION, YOU AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE OFFICIAL RULES, THE PROMOTION, YOUR ENTRY, THE PRIZES, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
U.S. Residents Are Subject To Binding Arbitration. This Section 21 applies to you only if you are a legal resident of the United States of America. This Section 21 applies to any controversy, allegation, or claim between you and Sponsor that arises out of or relates to the Promotion, the Official Rules, an entry, or a Promotion prize (a “Dispute”). In the event of a Dispute, the aggrieved party shall send the other party a written notice that includes the name, address, and contact information of the party giving notice, as well as a description of the Dispute and a proposed resolution. To notify Sponsor of a Dispute, please send a notice to the physical mailing address set forth below, with attention to the “Legal Department – Pre-Arbitration Dispute.” For a period of sixty (60) days following a party’s receipt of notice of a Dispute, Sponsor and you shall attempt to resolve the Dispute informally. If you and Sponsor cannot resolve the Dispute within sixty (60) days, then the aggrieved party may initiate binding arbitration as the sole means to resolve the Dispute. WITH ARBITRATION THERE IS NO JUDGE OR JURY, THE ARBITRATION IS SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. Any arbitration proceeding shall be conducted by JAMS Inc. (“JAMS”) before one neutral arbitrator pursuant to the Streamlined Arbitration Rules and Procedures of JAMS in effect as of the first day of the Promotion Period and subject to the state and federal laws of California. The JAMS consumer arbitration minimum standards will apply if you are a “consumer” as defined by JAMS, which includes the right to an in-person hearing in your hometown area. Where permitted by the arbitrator, Sponsor agrees that you may appear at an arbitration proceeding by telephone. Discovery will be permitted pursuant to the applicable arbitration rules. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. You and Sponsor will pay the arbitration fees and other costs in accordance with the applicable arbitration rules. If applicable arbitration rules or laws require Sponsor to pay a greater portion of such fees and costs in order for this Section 21 to be enforceable, then Sponsor may pay such fees and costs and proceed to arbitration. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute and must provide a statement of the essential findings and conclusions on which the award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties. This Section 21 does not preclude either party from seeking remedies in small claims court for Disputes within the scope of such court’s jurisdiction.
This Section 21 does not apply to any legal action taken by Sponsor to seek an injunction or other equitable relief in connection with any actual or potential loss, cost, or damage relating to the Promotion. Nor does this Section 21 apply to any controversy, allegation, or claim regarding the processing of personal information transmitted to Sponsor in the United States from the European Union, European Economic Area, or Switzerland (for any inquiry or complaint concerning any such transfer of personal information, please follow the procedures provided in the Square Enix Privacy Notice).
DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION OR OTHER PROCEEDING THAT INVOLVES ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. In the event this class action waiver is held to be illegal or unenforceable then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in court on an individual basis.
If the arbitration provisions of this Section 21 are found to be unenforceable for any reason, you agree that the venue for any Dispute between you and Sponsor shall be the courts of Los Angeles, California.
Force Majeure and other Amendments/Modifications. Sponsor reserves the right to change, suspend, or cancel the Promotion or the Official Rules if, in Sponsor’s sole discretion, intervening circumstances warrant such change, suspension, or cancellation. Intervening circumstances include, but are not limited to, strikes or labor disputes; war, insurrections, revolutions, terrorism, riots, or other civil disturbances; earthquakes, fires, floods, or other natural disasters; governmental restrictions, embargoes, or other exercises of governmental authority; unavailability of supplies, components, or materials; viruses, network disruptions, bugs, or unauthorized human intervention; failure of power or communications systems; loss of access to or corruption of data or entries; or any other cause beyond Sponsor’s reasonable control. Sponsor reserves the right to amend the terms and conditions in the Official Rules without notice for any other reason.
Waiver and Severability. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If any provision in the Official Rules is found to be invalid, unlawful, or unenforceable to any extent, the invalid provision shall be severed from the remaining provisions of the Official Rules, which shall continue to be valid and enforceable to the fullest extent permitted by law. If there is an inconsistency between (i) the disclosures or other statements in any materials or documents and (ii) the disclosure or other statements in the Official Rules, the Official Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
Copyright Notice. Sponsor owns the copyright in the Promotion, Key Rules, Sponsor Content, and all accompanying materials unless otherwise indicated. These Additional Rules are copyright by Square Enix, Inc. All Rights Reserved.
Applicable Terms of Service and Privacy Notices. By participating in the promotion, you confirm that you have reviewed and understood the following Square Enix Privacy Notice and Cookies Notice and you have reviewed, understood, and agreed to the following Square Enix Terms of Service:
Special Terms for Residents of Quebec. This section 26 applies only to legal residents of Quebec. Any dispute regarding the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any dispute regarding the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
Sponsor. The “Sponsor” of the Promotion is the entity indicated in the Key Rules or, if no entity is indicated, the entity that posted the Promotion and the Key Rules. Correspondence regarding the Promotion or the Official Rules may be directed to the following address:
If the Sponsor is Square Enix, Inc., to:
Square Enix, Inc.
Attention: Legal – Promotion Inquiry (Square Enix, Inc.)
999 N. Pacific Coast Highway
El Segundo, CA 90245
If the Sponsor is Square Enix LLC, to:
Square Enix LLC
Attention: Legal – Promotion Inquiry (Square Enix LLC)
999 N. Pacific Coast Highway
El Segundo, CA 90245
If the Sponsor is Crystal Dynamics, Inc., to:
Crystal Dynamics, Inc.
C/O Square Enix, Inc.
Attention: Legal – Promotion Inquiry (Crystal Dynamics, Inc.)
999 N. Pacific Coast Highway
El Segundo, CA 90245
If the Sponsor is Eidos Interactive Corp., to:
Eidos Interactive Corp.
C/O Square Enix, Inc.
Attention: Legal – Promotion Inquiry (Eidos Interactive Corp.)
999 N. Pacific Coast Highway
El Segundo, CA 90245
If the Sponsor is Square Enix Limited, to:
Square Enix Limited
Attention: Legal – Promotion Inquiry (Square Enix Limited)
240 Blackfriars Rd.
London SE1 8NW
If the Sponsor is Square Enix GmbH, to:
Square Enix GmbH
Attention: Legal – Promotion Inquiry (Square Enix GmbH)
240 Blackfriars Rd.
London SE1 8NW
If the Sponsor is any other entity, to:
Square Enix, Inc.
Attention: Legal – Promotion Inquiry (Other Sponsor)
999 N. Pacific Coast Highway
El Segundo, CA 90245