Official Rules for Oni Studios LLC January 2022 Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. LIMIT ONE (1) ENTRY PER PERSON. OPEN ONLY TO RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA, AND LEGAL CANADIAN RESIDENTS OF ALBERTA, BRITISH COLUMBIA, OR ONTARIO (BUT EXCLUDING RESIDENTS OF THE CANADIAN PROVINCE OF QUEBEC), WHO ARE OVER THE AGE OF EIGHTEEN (18). VOID WHERE PROHIBITED. SUPPLIES ARE LIMITED, WHILE SUPPLIES LAST. ALL FEDERAL, STATE, AND LOCAL REGULATIONS APPLY. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, THAT YOU MEET THE ELIGIBILITY REQUIREMENTS FOR THIS PROMOTION.
These rules (the “Official Rules”) govern Oni Studios LLC January 2022 giveaway (the “Giveaway”) being conducted and sponsored by Oni Studios LLC (“Company”). The Giveaway will be hosted at onistudios.gg in conjunction with the SypherPK LLC’s and respective Twitter pages (the “Website(s)”, each as indicated below the Entry Method heading). Company is the administrator of the Giveaway, it will conduct the Giveaway 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 Giveaway is sponsored by Company and SypherPK LLC. Company’s address is 100 E. Whitestone Blvd., Ste. 148-335, Cedar Park, TX 78613. The Giveaway is in no way sponsored, endorsed, or administered by or associated Twitter or any entity other than the Company or SypherPK LLC.
Participants may enter to win starting on January 25th, 2022 at 12 PM Central Standard Time and ending on January 28th, 2022 at 11:59PM Central Standard Time (the “Giveaway Period”). All entries must be received and/or postmarked no later than January 28th, 2022 at 11:59 PM Central Standard Time.
This Giveaway is open to all natural persons who: (i) enter into the Giveaway by following the Entry Method described below, including via AMOE Entry; (ii) are legal residents of the fifty United States and the District of Columbia, or Canadian Residents (but excluding residents of the Canadian province of Quebec), and are living in a location the laws of which allow a sweepstakes like the Giveaway, without a required permit fee, bonding fee, or registration requirement (the “Territory”); and (iii) are at least eighteen (18) years of age or older as of the start of the Giveaway Period. (the “Entrants”). By entering the Giveaway the Entrant certifies that Entrant lives in the fifty United States, the District of Columbia, or the provinces of Alberta, British Columbia, or Ontario in Canada and that the Entrant’s home state or province does not prohibit participating in the Giveaway. Where an Entrant’s entry into the Giveaway is prohibited by law, such Entrant’s entry shall be null and void. Entrants shall not include persons residing in other territories, such as Puerto Rico, Guam, or the US Virgin Islands, or any other jurisdiction where the Giveaway is prohibited, or jurisdictions in which the Giveaway would be subject to a registration or bonding requirement. The Giveaway is subject to federal, state, and local laws and regulations. Offer is void where prohibited by law.
Furthermore, the following individuals are ineligible to enter or win a prize: employees, directors, and officers of Company, Company subsidiaries and affiliates, and any advertising or promotional agencies involved in the administration of this Giveaway (collectively with the Company, the “Giveaway Entities”); and the immediate family members and those living in the same household of such persons (whether related or not). Immediate family members include spouses, children, stepchildren, parents, stepparents, siblings, and stepsiblings.
Proof of age, identity, residence, and eligibility must be furnished upon request. All entry information must be complete and accurate. Entrants are only eligible to win one (1) prize from a Company prize drawing each calendar year, regardless of whether such prize drawing is the Giveaway or another Company event. If an Entrant has already won a prize from a Company drawing during a given calendar year, any entries into subsequent Company drawings from such Entrant during the same such calendar year will be void, including, if applicable, such Entrant’s entries into the Giveaway. For the purposes of the Giveaway, address will be the physical address where Entrant lives at the time of the Entrant’s entry into the Giveaway. The Entrant’s e-mail address will be the e-mail address submitted at the time of entry into the Giveaway. Entrants will not be allowed to change their physical address or e-mail address after Entrant’s entry into the Giveaway.
Entrants may enter the Giveaway by retweeting on the posting titled “GIVING AWAY A STACKED PC” (the “Announcement Post”), hosted on Company’s Twitter located at twitter.com/SypherPK. Entrants must be following both @sypherpk and @onistudiosgg Twitter accounts (the “Entry Method”). 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 Giveaway. Furthermore, Company and Entrant agree that in no event shall the requirement to possess a computer and an active Internet service to enter the Giveaway be construed as consideration of the Entrant for entry into the Giveaway. Entries submitted will not be acknowledged or returned. Proof of submission of an entry will not be deemed proof of Company’s receipt. By entering the Giveaway Entrant certifies that Entrant meets the eligibility criteria of the Giveaway, including that the Entrant resides in a location which does not prohibit this type of Giveaway.
Alternatively, instead of entering via the Entry Method, Entrants may enter using the alternative method of entry. The Entrant must fill out and send by mail, postage paid by Entrant, a three-and-a-half by five-inch (3.5×5) postcard addressed to Company using the address listed on the first page of these Official Rules, and such postcard must also contain the Entrant’s full name, email, address, and a signed statement that the Entrant has reviewed and agrees to these Official Rules (an “AMOE Entry”). The email address must be valid and shall be used for official correspondence if Entrant is the recipient of a Giveaway prize. All AMOE Entries must be postmarked and submitted no later than the end of the Giveaway Period to be eligible. For each AMOE Entry, the entrant will receive one (1) entry into the Giveaway. Company and Entrant agree that in no event shall the requirement to fill out the AMOE Entry postcard or pay any postage to file an AMOE Entry be construed as consideration on the part of the Entrant for entry into the Giveaway.
The total number of entries via any method into the Giveaway is one (1) entry per person. If Entrant’s total number of entries surpasses the maximum number of entries, then all of the entries shall be null and void.
Random Giveaway Drawing
On or about February 5th, 2022 one (1) potential winner will be randomly selected. Company will use the service provider Gleam. (the “Selection Compliance Provider”) as the host for the Giveaway drawing. Each entry will be entered into the Selection Compliance Provider’s database and one winner will be randomly selected (the “Winners”). The selection will be completely random.
Winners will be contacted upon selection via e-mail per AMOE Entry or at the handle for the social media account Winner used to enter the Giveaway. Any Winner is considered a potential Winner pending verification of his/her eligibility and compliance with these Official Rules. If a potential Winner is unable to provide proof of eligibility and/or compliance with these Official Rules that Winner’s winning entry may be deemed void at the Company’s sole discretion. In the case of a Winner or multiple Winners not responding within the times outlined in these Official Rules, the same software and/or selection process may then randomly select replacement Winners in which case the prior selected Winner’s entries shall be declared null and void. Selection Compliance Provider is merely a facilitator for the competition and has no claims to Entrant or Company’s rights or obligations under these Official Rules. If the potential Winner is an eligible Canadian resident, Company may require the completion of a math-based skill-testing question prior to declaring the potential Winner’s status as the Giveaway Winner. Such a skill-testing question must be answered correctly within a five (5) minute time-period without the benefit of any calculating devices before the potential Canadian resident Winner is confirmed as the Giveaway Winner and the Prize will be awarded.
Prize, Odds of Winning, and Approximate Retail Value
Prize: After confirmation of eligibility and compliance with these Official Rules, Winners will receive a Gaming PC, computer keyboard, and computer mouse(the “Prize”). All dollar amounts refer to and will be paid in United States currency. If Winner is found to be the winner of a subsequent drawing, Company may invalidate Winner’s later win at its sole discretion.
Odds of Winning: The odds of winning depend on the total number of eligible entries received during the Giveaway Period.
General Prize Conditions: In no event, will more than one (1) Prize be awarded per Winner. If for any reason, more than one (1) Prize notifications are sent (or more claims are received), Company reserves the right to award the Prize through a random drawing using a similar process as detailed in this Giveaway from among all of the eligible Prize claims received. The Winner shall be solely responsible for the payment of all applicable federal, state, provincial, and local taxes for any Prize won. Each Winner will 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 the Winner if the Winner is a United States resident, or an IRS Form 1042 if the Winner is a Canadian resident. Failure to submit a completed Form W-9 or W-8BEN, when required by Company to receive the Prize, will result in forfeiture of the Prize. The Giveaway Entities will 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.
All other costs and expenses not expressly set forth herein are the Winner’s sole responsibility, including but not limited to any shipping and handling fees. Winner must take delivery of the Prize within seven (7) days from receiving notice of the availability of a Prize from Company via confirmation of the preferred Prize transmission method. Such Prize transmission method may be suggested by the potential Winner, but the ultimate prize transmission method will be selected by Company at its sole discretion.
The Approximate Retail Value (“ARV”) of the prize is $2,500 USD. The actual appraised value may differ at the time of the award.
How to Claim the Prize
The potential Winners will be notified via social media direct message at the handle used by the Entrant to join the Giveaway or at the e-mail address provided via Winner’s AMOE Entry, within five (5) business days of the random drawing. Before being declared the winner, he/she may be required to execute and return an Affidavit of Eligibility/Liability & Public Release, copy of the potential Winner’s driver’s license or government-issued identification, and/or tax acknowledgment form no later than five (5) calendar days from being contacted or Prize may be forfeited at Company’s sole discretion. Upon verification of eligibility and submission of any required documentation, Winner will coordinate with Company to arrange for delivery of the prize. Public announcement of the Winners may take place and will be posted on the social media platform of Company’s choice.
Company will attempt to notify the potential Winners as set forth above, but Company is not responsible for any undelivered direct messages, including without limitation direct messages that are not received because of the Winner’s privacy or spam filter settings which may divert any Giveaway e-mail or direct message, including a Winner notification e-mail or direct message or Prize e-mail or direct message 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. If the Company wishes to select an alternative potential Winner, Company may select the alternative potential Winner at random from the pool of remaining eligible Entrants. The potential replacement Winner will be subject to the same requirements and obligations as set forth for potential Winners in these Official Rules. The right to receive a Prize is non-assignable, non-transferable, and no prize substitution or exchange 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. Giveaway Entities will not be held responsible for any delays in awarding the prize for any reason. The prize will only be awarded to a verified Winner.
To the extent Company collects or possesses personal identifying information from Entrants, such personal information will solely be used or shared with third parties in connection with Company’s performance of its obligations concerning the Giveaway hereunder. If an Entrant provides personal information in connection with Company’s eligibility verification procedures or such Entrant’s attempts to claim the prize described herein, Company will use or share such information with third parties solely to complete such eligibility verification procedures and, if applicable, to (i) provision the Prize to the verified Winner, and (ii) to perform any tax-related obligations that follow the provision of the Prize, such as issuing a 1099-MISC or 1042 to the verified Winner. In any event, the Company will treat all personal information collected hereunder in accordance with any applicable data protection laws.
Limitation of Liability
By participating in this Giveaway, Entrants agree that the Giveaway Entities, Company, SypherPK LLC, Twitter, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, webmasters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, or undeliverable direct messages or 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, 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 or eligibility-defining 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 Giveaway 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 Giveaway-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 Giveaway and/or accepting or using the prize. The Released Parties will 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, at Company’s sole discretion, be disqualified.
If for any reason, the Giveaway is not capable of running as planned, Company reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Giveaway and/or proceed with the Giveaway, 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 before such cancellation, termination, modification or suspension.
By entering the Giveaway, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable state and federal laws and by the decisions of Company, which will 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 Giveaway; 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 Giveaway, including but not limited to any Giveaway-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in the Giveaway, (b) violation of Entrant’s privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Giveaway materials, (d) acceptance, 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, regulation, order, or request by any governmental or quasi-governmental entity (whether or not such action, regulation, order or request proves to be invalid), equipment failure, 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 Giveaway, (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 utilized by any of the Released Parties or by an Entrant, (j) interruption or inability to access the Giveaway, the Website or any other Giveaway-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 Giveaway and/or its contents related to or resulting from any part of the Giveaway, (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 Giveaway, 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 Giveaway 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 Giveaway prize, (b) the Entrant’s participation in any Giveaway-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, (d) the Entrant’s negligence or willful misconduct, (e) any conduct of the Entrant associated with Entrant’s participation or attempted participation in the Giveaway.
THIS GIVEAWAY 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 WILL BE IN TRAVIS COUNTY, TEXAS. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS GIVEAWAY THAT IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION WILL 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 WILL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR WILL 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 WILL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT WILL 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 GIVEAWAY ENTITIES AND/OR ANY OTHER PARTY WILL 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 GIVEAWAY MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION WILL 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 Giveaway Entities and/or Released Parties and/or any other party will be resolved individually, without resort to any form of class action.
Any attempted form of participation in this Giveaway other than as described herein is void. If it is discovered or suspected at 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. Also, 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 Giveaway. 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 per AMOE Entry or the e-mail address listed for the respective social media account per the Entry Method. “Authorized Account Holder” is defined as a 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 respective account or e-mail address. Company and the Selection Compliance Provider reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Giveaway, 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 Giveaway. Any use of robotic, automatic, macro, programmed, third-party, or like methods to participate in the Giveaway 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 GIVEAWAY 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 will 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 Selection Compliance Provider’s interpretation and application of these Official Rules are final and binding in all matters related to the Giveaway. Company’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision and such provision will 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 Giveaway details contained in these Official Rules and Giveaway details contained in any promotional materials (including but not limited to point of sale, television and print and internet advertising, promotional packaging, and other promotional media), the details of the Giveaway as outlined in these Official Rules will prevail.
Official Rules and Winner List
To obtain a copy of these Official Rules or the identity of the winners of the Giveaway, mail a self-addressed, stamped (although Vermont residents may omit return postage), business-sized envelope specifying “Official Rules” or “Winner Identification” to 100 E. Whitestone Blvd., Ste. 148-335, Cedar Park, TX 78613. Requests pursuant to this heading must be received within twelve (12) months of the end of the Giveaway Period.