Please read these Terms and Conditions (“Terms”) before participating in the “Word Life 3rd Anniversary Giveaway” (“Giveaway”). Participation in the Giveaway constitutes participant's full and unconditional agreement to and acceptance of these Terms and represents that participant satisfies all of the requirements set forth below. This Giveaway is organized by Social Point S.L. (“Sponsor”), a wholly owned subsidiary of Take-Two Interactive Software, Inc. Sponsor’s address is Calle Llacuna 166, Planta 10, 08018 Barcelona, Spain.
1. Eligibility. Open only to legal residents of any of the territories in which the Game is made available (“Eligible Countries”), who are at least 18 years of age as of the date on which the Giveaway begins. Employees, officers and directors of Sponsor and its parent company, subsidiaries, affiliates, partners, advertising and promotions agencies, manufacturers or distributors of materials used in connection with the Giveaway and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to participate in the Giveaway. All federal, provincial, state and local laws and regulations apply.
2. How to Participate. To participate in the Giveaway, you must have an Instagram account and, while logged into that Instagram account, post a comment during the Giveaway Period on any of the three (3) posts related to the Giveaway (each a “Social Post”) that Sponsor publishes on the Game’s official Instagram profile ([INSERT]) (“Instagram Profile”). Your comment must only include the relevant phrase required by the Social Post you are commenting upon to be eligible. Each Social Post will have a different phrase that must be used in order to enter the Random Draw (as defined below) for that Social Post. You may comment on each of the three (3) Social Posts, but only one comment per Social Post will be eligible to enter the Random Draw for that Social Post. Multiple comments on any Social Post will not increase your chances of winning a Reward as only the first comment you post on a Social Post which meets the relevant entry requirements for that Social Post will be entered into the Random Draw for that Social Post. Sponsor reserves the right to cancel or modify this Giveaway in its sole discretion. In order to participate in the Giveaway, you must have an Instagram account. If you do not have an Instagram account, you can create one for free by visiting https://www.instagram.com/.
3. Start/End Dates. The Giveaway begins on 16 May 2022 at the time on which the first Social Post is published by Sponsor on the Instagram Profile and ends at 21:00:00 EDT on 29 May 2022 (“Giveaway Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.
4. Winner Determination. With respect to each Social Post, all of the eligible entries for that Social Post that are received during the Giveaway Period will be entered into a random draw for that Social Post (“Random Draw”). There will therefore be three (3) Random Draws in total. One (1) for each Social Post. Sponsor will randomly choose one (1) winner of each Random Draw from all of the eligible entries submitted during the Giveaway Period in accordance with these Terms. Odds of winning a Reward will depend upon the number of eligible entries received during the Giveaway Period. Sponsor’s decisions are final and binding in all matters relating to the Giveaway, including, but not limited to, the interpretation and application of these Terms. By entering the Giveaway, participants fully and unconditionally agree to be bound by these Terms and the decisions of the Sponsor, which will be final and binding in all matters relating to the Giveaway.
5. Reward(s). The winner of each Random Draw will receive the following prizes in the Game (“Reward”):
Three thousand (3,000) in-game gold coins;
ten (10) in-game hints;
ten (10) in-game super hints; and
Fifty (50) in-game fireflies.
The Reward has no monetary value, may not be used outside of the Game and must only be used in accordance with Sponsor’s EULA, located at www.take2games.com/EULA. Any tax obligations (if any) are the responsibility of winner.
6. Winner Notification. The winners of the Giveaway will be announced on the Instagram Profile within five (5) days of the Giveaway Period ending and will be contacted by Sponsor within five (5) days of that public announcement via direct message to the Instagram account they used to enter the Giveaway. In order to redeem their Reward, each winner will need to provide Sponsor with their User ID for the Game following the instructions set out in Sponsor’s direct message within five (5) days of Sponsor’s direct message. Winners may also be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) within ten (10) days of Sponsor’s direct message. If any winner is considered a minor in their country of residence, the Affidavit must be signed by their parent or legal guardian. If any winner is a legal resident of Canada, they will also be required to correctly answer without assistance of any kind a time-limited, mathematical skill-testing question prior to being able to claim a Reward. Failure to answer the question correctly within the time period specified, as determined by Sponsor in its sole discretion, will result in their forfeiture of the Reward.
7. Reward Forfeiture. If any winner does not provide their User ID within five (5) calendar days of Sponsor’s direct message, fails to sign and return an Affidavit within ten (10) days of Sponsor’s direct message, if any Reward or direct message is undeliverable, if any winner is resident in Canada and incorrectly answers the time-limited skill-testing question referred to above, if any winner rejects their Reward, or in the event of non-compliance with these Terms, such Reward will be forfeited. Upon Reward forfeiture, no compensation will be given.
8. Conditions. Any and all federal, state and local taxes (if any) are the sole responsibility of the relevant winner. Each winner understands that Sponsor shall be entitled to use the winner’s name, address (city and state), likeness, Instagram profile picture, Instagram profile information, and Instagram username for the purposes of announcing the winners of the Giveaway without notice or additional compensation, except where prohibited by law.
By participating in the Giveaway, participants agree to release and hold harmless Sponsor, Instagram, and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Giveaway, or possession, acceptance and/or use or misuse of the Reward or participation in any Giveaway-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Participants who do not comply with these Terms, or who attempt to interfere with this Giveaway in any way shall be disqualified. Sponsor is not responsible if the Giveaway cannot take place or if any Reward cannot be awarded due to delays or interruptions due to natural disasters, weather, acts of war, acts of terrorism, or any other reason beyond Sponsor’s reasonable control. This Giveaway is in no way sponsored, endorsed, or administered by, or associated with Instagram.
9. Fair Play. Any attempted form of participation in the Giveaway other than as set forth in Section 2 above is prohibited. No automatic, programmed, robotic or similar means of participation are permitted. Any participant who posts or shares any racist, homophobic, transphobic, xenophobic, vulgar, pornographic, threatening, defamatory, or otherwise offensive (as determined by Sponsor in its absolute discretion) comment or imagery on the Instagram Profile, or who annoys, abuses, threatens or harasses (as determined by Sponsor in its absolute discretion) any other Instagram user on the Instagram Profile or any Sponsor representative, may be disqualified from the Giveaway. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of participation information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed device transmissions which may limit one’s ability to enter the Giveaway, including any injury or damage to participant’s or any other person’s device relating to or resulting from participating in this Giveaway or downloading any materials in connection with this Giveaway. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Giveaway should (in its sole discretion) any virus, bugs, non-authorized human intervention, fraud or other cause beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. Sponsor reserves the right, at its sole discretion, to disqualify any participant it determines, in its sole discretion, has tampered with the participation process or the operation of the Giveaway or Game or who has otherwise affected the ability of other participants to participate in the Giveaway. Sponsor may prohibit any participant from participating in the Giveaway or winning any Reward if, in its sole discretion, it determines that such participant is attempting to undermine the legitimate operation of the Giveaway.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE THE GAME OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY PARTICIPANT’S ACCESS TO AND USE OF THE GAME OR ANY WEBSITE OR SERVICE ASSOCIATED WITH THIS GIVEAWAY AND/OR PARTICIPATION IN THE GIVEAWAY, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE GIVEAWAY. WITHOUT LIMITING THE FOREGOING, THIS GIVEAWAY AND ALL REWARDS 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL PARTICIPANTS. EACH PARTICIPANT SHOULD CHECK THEIR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Disputes; Governing Law. As a condition of participating in this Giveaway, each participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Giveaway shall be resolved individually, without resort to any form of class action, and that any and all such disputes, claims and causes of action which cannot be resolved between the parties shall be resolved exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will any participant be permitted to obtain awards for, and each participant hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant's actual out-of-pocket expenses (e.g., costs associated with participating in this Giveaway), and each participant further waives all rights to have damages multiplied or increased. The arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
This Giveaway is governed by New York law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of each participant and Sponsor in connection with this Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof.
12. Use of Data. Any personal data submitted to, or collected by, Sponsor or its data processors in connection with the Giveaway will be processed by Sponsor and/or its data processors in accordance with Sponsor’s privacy policy for the purposes of conducting, administering and marketing the Giveaway. Please read Sponsor’s privacy policy at www.take2games.com/privacy. By participating in the Giveaway, you hereby acknowledge that: (i) you have read and understood Sponsor’s privacy policy; and (ii) Sponsor has a valid legitimate interest in processing your personal data for these purposes.