Official Rules for Oni Studios LLC March 2023 Competition
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO RESIDENTS OF ELIGIBLE COUNTRIES WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR COUNTRY. VOID WHERE PROHIBITED. ALL FEDERAL, STATE, AND LOCAL REGULATIONS APPLY. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES.
These rules (the “Official Rules”) govern Competitions (each a “Competition”) being conducted conducted and sponsored by Oni Studios LLC (“Company”). This will happen live at Oni Studios headquarters. Company is the administrator of the Competition, it will conduct the Competition substantially as described in these Official Rules, and it is solely responsible for resolving any disputes that arise regarding the application of these Official Rules. The Competition is sponsored by Company. Company’s address is 1220 Toro Grande, Cedar Park, TX 78613. The Competition is in no way sponsored, endorsed, or administered by any entity other than the Company or SypherPK LLC..
The Competition is open to all residents of the United States, Canada (excluding the Province of Quebec), and any other country with laws allowing a game of skill competition in the nature of the Competition without a permit fee or a registration requirement who are 18 years of age or older (or the age of majority in their country of residence, if different) as of the start of the Competition who enter the Competition on the Website. Countries whose residents are ineligible to enter the Competition include Taiwan, South Korea, Portugal, Italy, Austria, China, Russia, Hong Kong, Greece, France, Japan, Spain, the Czech Republic, Australia, New Zealand, Brazil, Sweden, and Ireland. By entering the Competition, the entrant certifies that they do not live in such a country, nor does their home country prohibit participating in the Competition. Where an entrant’s entry into the Competition is prohibited by law, such entrant’s entry shall be void. Proof of age, identity, residence, and eligibility must be furnished upon request. All entry information must be complete and accurate. Company will not award a prize to anyone not meeting eligibility requirements at the time of entry. For purposes of the Competition, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of Competition registration. Entrants will not be allowed to change their physical address or e-mail address.
Entrants may enter the Competition by filling out the google form hosted on the Company Event Eventbrite titled “Dungeons & Dragons Pre-Premiere Party”. Company and Entrant agree that in no event shall this Entry Method be construed as consideration on the part of the Entrant for entry into the Competition. By entering the Competition Entrant certifies that Entrant meets the eligibility criteria of the Competition, including that the Entrant resides in a location which does not prohibit this type of Competition. Inappropriate, overly skin-baring, risqué or gory costumes will be considered ineligible and barred from entry.
Competition Format & Rules
The Competition is a multi-round cosplay contest for the best costume. Contestants will walk a runway, and be judged by a panel of up to 5 judges. Judges will hold up score paddles and offer commentary. The contestants with the highest scores will move to the next round. For the final round, the top 4 entries will retake the stage for further examination by judges and a twitch chat vote. A winner ceremony will be held to crown the winner. All entries will be subject to a precheck prior to walking the stage.
PRIZE, ODDS OF WINNING, AND APPROXIMATE RETAIL VALUE
Prize: The winner, following verification of eligibility and compliance with these Official Rules, will receive the prize described at the beginning of the Competition Period. Only one (1) prize will be available in the Competition per entrant.
Odds of Winning: The odds of winning depend on the total number of competitors participating in the Competition and each individual competitor’s skill.
General Prize Conditions: In no event will more than one (1) prize be awarded per winner per Competition. If, for any reason, more than one (1) prize notification is sent (or more claims are received), Company reserves the right to award the prize through a random drawing from among all eligible prize claims received. The winner shall be solely responsible for payment of any and all applicable federal, state, provincial, and local taxes for any prize won. If the prize given to a winner is valued at $600 or more, or if winner’s collective winnings from Company Competitions is valued at $600 or more, then such winner may be required to complete and submit an IRS Form W-9 or W-8BEN, as applicable, and Company will issue an IRS Form 1099-MISC for said winner if the winner is a United States resident, or an IRS Form 1042 for the winner if said winner is a Canadian resident. Failure to submit a completed Form W-9 or W-8BEN, when required by Company to receive prize, will result in forfeiture of the prize. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. The Company shall not be held responsible for any delays in awarding the prize for any reason. If after a good-faith attempt. Company is unable to award or deliver the prize, the prize may not be re-awarded.
NOTE: Elements of the prize may include inherently dangerous activity or activities for which viewer discretion is advised. Winner expressly and voluntarily assumes the risk of any and all injury and damage that may result from participation in any element of the prize. Winner acknowledges and agrees that the Competition Entities have no responsibility whatsoever for injuries, losses, or damages of any kind that result from participation in any element of the prize. Winner and his/her successors and/or heirs each acknowledge that certain prize-related activities may be inherently dangerous or require viewer discretion and release Competition Entities from any and all causes of actions that arise from such participation. Winner must comply with any rules, regulations, and restrictions provided for any prize activity.
All other costs and expenses not expressly set forth herein are the winner’s sole responsibility. Winner must take delivery of the prize within 45 days of notice of availability of a prize from Company via a delivery method selected by Company based on proximity to winner’s residence or the prize may, at the Company’s sole discretion, be forfeited. Prize details and availability are subject to change and will be selected by Company at its sole discretion.
The Approximate Retail Value (“ARV”) of the first prize is up to USD $5,000. The Approximate Retail Value (“ARV”) of the second prize is up to USD $3,000.
HOW TO CLAIM THE PRIZE
The potential winner will be notified during the Competition and will be verified via e-mail, as applicable, that the potential winner provided when registering for the Competition. Before being declared the winner, he/she may be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release and a tax acknowledgment form no later than five (5) calendar days after receipt or the prize may (in Company’s sole discretion) be forfeited. Upon verification of eligibility and submission of any required documentation, winner will be contacted by Company to arrange for delivery of the prize.
Company will attempt to notify the potential winner as set forth above, but Company is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of the winner’s privacy or spam filter settings which may divert any Competition e-mail, including any winner notification e-mail or prize e-mail to a spam or junk folder. If the potential winner is found to be ineligible or not in compliance with these Official Rules or declines to accept the prize, Company is unable to contact a potential winner, or any prize notification is returned undeliverable, the prize will be forfeited. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Company, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at Company’s sole and absolute discretion. Company shall not be held responsible for any delays in awarding the prize for any reason. The prize will only be awarded to a verified winner.
LIMITATION OF LIABILITY
By participating in this Competition entrants agree that the Company and its respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Competition and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website or any Competition-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Competition and/or accepting or using the prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Company’s sole discretion, be disqualified.
If, for any reason, the Competition is not capable of running as planned, Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition and/or proceed with the Competition, including the selection of the winner in a manner it deems fair and reasonable including the selection of the winner from among eligible entries received prior to such cancellation, termination, modification or suspension.
By entering the Competition, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Company and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Competition; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Competition, including but not limited to any Competition-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Competition, (b) violation of entrant’s privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Competition materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Company’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, 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 other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Competition, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Competition, the Website or any other Competition-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Competition and/or its contents related to or resulting from any part of the Competition, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by entrant.
Without limiting the foregoing, everything regarding this Competition, including the Website and prize, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement, except for any express manufacturer’s warranty as may be included with the prize. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
Each entrant agrees, to the maximum extent permitted by law, to indemnify, defend, and hold harmless the Released Parties from and against any and all tax liability that may be imposed or associated with his/her receipt or use of any Competition prize and any and all cost, loss, damage, penalty, or expenses (including, without limitation, reasonable attorneys’ fees) arising from third-party claims, lawsuits, judgments, causes of action, proceedings, or demands brought or asserted against Released Parties that may arise in connection with (a) the entrant’s receipt, ownership, or use of any Competition prize, (b) the entrant’s traveling to, preparing for, or participating in any Competition-related or prize-related activity, (c) the entrant’s violation or alleged violation of any third-party privacy, personal, publicity, intellectual property, or proprietary rights, or (d) the entrant’s negligence or willful misconduct.
DISPUTES:THIS COMPETITION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN TRAVIS COUNTY, TEXAS. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS COMPETITION THAT IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”), AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN TRAVIS COUNTY, TEXAS IN THE ENGLISH LANGUAGE. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR COMPETITION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION. ANY DEMAND FOR ARBITRATION OR ANY OTHER CLAIM OR ACTION ARISING OUT OF OR RELATING TO THE COMPETITION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Further, entrants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Competition Entities and/or any other party shall be resolved individually, without resort to any form of class action.
Any attempted form of participation in this Competition other than as described herein is void. If it is discovered or suspected in Company’s sole and absolute discretion that an entrant has registered or attempted to register more than once using multiple e-mail addresses, accounts, multiple identities, proxy servers or like methods, all of that entrant’s entries will be declared null and void, and that entrant will be ineligible to win the prize. Furthermore, if it is discovered or suspected in Company’s sole and absolute discretion that an entrant has cheated, broken an EULA relevant to the competition, or has otherwise used a method to gain an unfair advantage in the Competition, such entrant shall be disqualified from the Competition. If it is discovered that any entrant attempts to receive additional entries in excess of the stated limitation, that entrant may, in Company’s sole discretion, be disqualified from the Competition. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Company and Administrator, if applicable, reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Competition, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Competition. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Competition will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Company’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Competition. Company’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Company and will not be returned. In the event of any conflict with any Competition details contained in these Official Rules and Competition details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Competition as set forth in these Official Rules shall prevail.
By participating in the Competition and/or accepting the prize, each entrant agrees to allow Company and/or Company’s designee the perpetual right to use his or her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
To obtain a listing of the name of the winner, mail a self-addressed, stamped business-sized envelope to: Oni Studios LLC, 1220 Toro Grande, Cedar Park, TX 78613. Winner List requests must be received within one (1) calendar month of the applicable Competition or Competition Period.