NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who sign up at the Campaign Post and who are 18 years or older as of the date of entry.The Campaign is void where prohibited by law. Employees of Dark Unicorn Games, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Dark Unicorn Games as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on 10/25/16, 10AM EST and ending 11/8/16, 12AM EST. All online entries must be received by 11/8/16 12AM EST.
4. How to Enter: The Campaign must be entered by submitting an entry in the form of a photo on the Facebook post located at Campaign Post as well as liking the Dark Unicorn Games Facebook page. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Dark Unicorn Games. You may enter more than once, but only one entry will be selected per contestant. The entry must include a hero name to be considered. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods, or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Dark Unicorn Games.
5. Prizes: The Winner(s) of the Campaign (the “Winner”) will receive a Super Powered Smash Masters Prize pack valued at $60 (The 'Kickstarter Backer Pack' from the Kickstarter Campaign). Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Dark Unicorn Games and Dark Unicorn Games reserves the right to substitute prizes for items of equivelant value at any time. No cash or other prize substitution shall be permitted except at Dark Unicorn Games' discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Dark Unicorn Games to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. REWARD IS CONTINGENT ON A SUCCESSFUL KICKSTARTER CAMPAIGN FOR THE SUPER POWERED SMASH MASTERS GAME. If the campaign is unsuccessful, no prize will be awarded.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by the Super Powered Smash Masters team under the supervision of Dark Unicorn Games. Winner will be notified via Facebook within 1-2 days following selection of Winner. Dark Unicorn Games shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT DARK UNICORN GAMES‘ SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Dark Unicorn Games, anyone acting on behalf of Dark Unicorn Games, and Dark Unicorn Games’ licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Dark Unicorn Games. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Dark Unicorn Games from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Dark Unicorn Games may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Dark Unicorn Games reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Dark Unicorn Games’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Dark Unicorn Games may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Dark Unicorn Games. Dark Unicorn Games reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Dark Unicorn Games has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Dark Unicorn Games reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Dark Unicorn Games and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF NORTH CAROLINA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in North Carolina having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Dark Unicorn Games website. To read the Privacy Policy, click here: http://www.darkunicorngames.com/privacy.html.
13. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Dark Unicorn Games 5448 Apex Peakway Drive, #304, Cary, Apex, NC 2750, USA. Requests must be received no later than 12/31/16 12PM EST.
14. Sponsor: The Sponsor of the Campaign is Dark Unicorn Games 5448 Apex Peakway Drive, #304, Cary, Apex, NC 27502, USA.
15. Facebook: The Campaign hosted by Dark Unicorn Games is in no way sponsored, endorsed, administered by, or associated with Facebook.
16. By participating in the Campaign, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.