1.2 You should check these Standard Promotional Terms and any applicable Specific
Promotional Terms before participating in any Promotion.
1.3 In the event of any conflict or inconsistency between these Standard Promotional Terms, any applicable Specific Promotional Terms and the Terms and Conditions of Use, the Specific Promotional Terms shall prevail, followed by these Standard Promotional Terms, but only to the extent necessary to resolve such conflict or inconsistency.
1.4 Your use of the means of communicating the Promotion is subject to the Rules.
Promotions and Promotion Periods
2.1 We may, from time-to-time, run Promotions and these may take the form of offers, prize draws, competitions, contests or other form of Promotion, or a combination of any of these. The form of Promotion will be described, and full details set out, in the communications (such as e- mails) We issue to tell You about each Promotion (each a Promotion Communication) and/or on the individual web landing page for the relevant Promotion.
2.2 For the purposes of all Promotions, the promoter is the entity You have contracted with under the Terms and Conditions of Use
2.3 The period during which each Promotion will run (Promotion Period) will be specified in the applicable Specific Promotional Terms. Each Promotion will automatically close at the end of the relevant Promotion Period, at which point no further participation in that Promotion will be possible. Where no Promotion Period is specified, the relevant Promotion will end when it is discontinued on the Platform (most often, the website).
3.1 Unless otherwise indicated in the Promotion Communication, participation in each Promotion is open to invited participants but is limited to one per person to whom We send the Promotion Communication. We reserve the right to restrict participation in certain Promotions to participants who fulfill specific selection criteria. Where a Promotion Communication permits multiple participants, We reserve the right, in Our sole discretion, to limit the number of participants.
3.2 Unless otherwise indicated in the Promotion Communication, it is intended solely for the addressed recipient and cannot be transferred. If You are not the intended recipient or within the intended category of recipient, then the offer is null and void.
Eligibility to participate in Promotions
4.1 To be eligible to participate in any Promotion, You must: (a) be eighteen (18) years of age or older, or the legal age of majority in Your home country, state or province; (b) be legally entitled to use Our Platform (most often, websites) in accordance with Our Terms and Conditions of Use; (c) satisfy any other eligibility criteria set out in the relevant sections of these Standard Promotional Terms in respect of certain general categories of Promotion and in the applicable Specific Promotional Terms; and (d) not be an Excluded or Disqualified Participant (as defined in section 6, below).
4.2 To be eligible to participate in any Promotion which is stated to be intended for new
participants or which is described as a "new participant" or "sign up" offer (or similar), You must not previously have participated in any Promotion that involved use of any of Our Services.
4.3 The identity of each participant in a Promotion will be determined from all or any combination of the following: name, address, email address, and other forms of identification which may be required. We reserve the right to request further information from You if You wish to participate in certain Promotions.
Participation in Promotions
5.1 Participation in any Promotion is voluntary.
5.2 To participate in a Promotion, You should follow the instructions set out in the relevant Promotion Communication, on the individual web landing page for that Promotion and, where appropriate, the applicable Specific Promotional Terms.
5.3 Unless otherwise indicated in the applicable Specific Promotional Terms, entry into each Promotion may be used only once.
Excluded and disqualified participants
6.1 Officers, directors, employees, consultants or agents of KLINGER IGI, Inc. or any of its subsidiaries, parent or associated companies, or any of its or their respective suppliers or vendors (including advertising agencies) or any officers, directors, employees, consultants or agents of any entity connected with any Promotion, or relatives of any of the foregoing persons, "relative" shall include, but not be limited to, a spouse, partner, child or sibling and any person residing in the same household as any of the foregoing persons.
6.2 Residents of any jurisdiction where it is illegal to participate in promotions and/or to win
cash prizes (collectively, Unauthorized Persons) are not permitted to participate in any
6.3 If a non-Qualifying Participant participates in any Promotion, We reserve the right, without prejudice to any other rights under the Rules, to seek the return of any payment, award, or other prize.
6.4 We reserve the right, at Our sole discretion, to disqualify any Participant who cheats or who tampers or attempts to tamper with the entry process for, or the operation of, any Promotion, or whose conduct is in breach of the Rules, contrary to the spirit of the Rules or the intention of the relevant Promotion, or might, in Our reasonable opinion, bring Us, any of Our Group companies or any of Our or their respective brands into disrepute.
7.1 Qualifying Participants who win a prize as the result of any Promotion consisting of a draw, competition, or contest (each, respectively, a Winner and a Prize) must accept the relevant Prize "as is" and there is no right to a cash alternative unless We, in Our sole discretion, elect to offer such a cash alternative (which may be less than the full value of the Prize). We reserve the right, at any time, to substitute any Prize with one or more prizes (other than a cash alternative) of substantially equivalent value. We may do this if it is impractical or unduly costly to deliver an particular Prize to the Winner's geographical location.
7.2 All Prizes will be drawn by the time or within the timeframe specified in the applicable Specific Promotional Terms and, unless otherwise indicated there, a cash Prize will be paid into the Account of the Winner.
7.3 We reserve the right not to award a Prize or to seek the return of any Prize awarded if the Winner is not entitled to receive such Prize in accordance with applicable law (provided always that the Winner is solely responsible for ensuring that s/he is entitled to receive any Prize) or if We have cause to disqualify the Winner in accordance with section 6.4.
7.4 Any entitlement to receive a Prize is non-transferable.
7.5 The Winner is solely responsible for the payment of any applicable tax in relation to the relevant Prize and for any costs associated with the Prize or its use, including without limitation the cost of complying with any requirements of applicable local law.
7.6 Where, in relation to any Prize, We make use of any third-party name or trademark, these are proprietary to the relevant third party. No license, affiliation, sponsorship, or endorsement is claimed or should be inferred from the use of these names or trademarks or the use of any photograph of a Prize. Any photograph used to promote a Prize is for illustrative purposes only and the actual Prize may differ from the item shown in the photograph, including without limitation as to make, specification, color, packaging, and other features.
7.7 Our offering of a particular Prize implies no affiliation on Our part with or sponsorship or
endorsement of the relevant third-party manufacturer, supplier, provider, or organizer.
7.8 The Winner is solely responsible for all use made of the Prize. Except as expressly provided in these Standard Promotional Terms, no representations, warranties, conditions, or other terms are made, given, or accepted by Us and no other terms shall apply, as between Us and any person, in relation to any Prize, including without limitation any terms as to suitability, reliability, satisfactory quality or fitness for purpose, or any other implied terms, all of which We exclude to the maximum extent permitted by law.
8.1 Not all Promotions involve a Prize Draw. In respect of any Promotion using a Prize Draw, Winners will be drawn at random from all entries correctly submitted (the details of the process used are set out in Clause 11.2 below (the "Draw Process")) and, provided all Participants are Qualifying Participants, no favoritism will be shown in terms of gender, age, geographic location, length of time as a Qualifying Participant, which of Our gaming channels or Platforms a Qualifying Participant has used, or any other factor. 8.2 The Draw Process is as follows:
(a) Each entry validly submitted by every Qualifying Participant into a prize draw will be randomly sorted.
(b) Winners to be drawn from the randomly sorted entries.
(c) The "Prize Draw Adjudicator" shall mean Our Head of Promotions or such other responsible person that they may direct; (d) The prize draw may take place either in Our Wilsonville, Oregon, USA office or at a qualified Event location (such as a trade show) by the Prize Draw Adjudicator. The draw will be witnessed by a member of Our administrative or event team.
Publicity and intellectual property
9.1 By participating in any Promotion in which You win a Prize, You agree to co-operate in all advertising, marketing and publicity material and activities We may, at Our expense, produce or arrange. You also agree if requested (a) to wear any branded clothing or attire We may provide; and (b) to sign, if requested, an irrevocable release form allowing Us, without any compensation being payable, to use Your name, photograph, likeness, details of the country and/or city where You live, any comments made by or attributed to You, and to incorporate any such information and any audio/visual recording or broadcast for such promotional purposes, in any media, throughout the world.
9.2 Where You participate in any event which We host or arrange in connection with a
Promotion, You agree not to make use of any third party branding or advertising for any
organization which We consider to be Our competitor, and You agree not to conduct yourself in a manner that might, in Our reasonable opinion, bring us, any of Our affiliates or any of Our or their respective brands into disrepute. In the event of any breach of this requirement, We reserve the right not to award a Prize or to seek the return of any Prize awarded.
Alteration and termination of Promotions; modification of the Rules
11.1 We reserve the right to alter, discontinue or terminate any Promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any printing, production, distribution or other error in any Promotion Communication or on the website, or where there has been any error in the preparation for or conduct of any Promotion affecting the result of the Promotion or the number of participants or the value of claims.
11.2 The Rules may be modified by Us at any time by posting the modified terms on the relevant page(s) of the Platform. We recommend You revisit these Standard Promotional Terms regularly. By Your continued participation in the Promotion, You accept any such modified terms.
12.1 You may not assign or transfer any or all Your rights or obligations under the Rules.
12.2 No third party shall have a right to enforce the Rules against Us.
12.3 Failure by Us to enforce a right under the Rules does not result in waiver of such right.
12.4 If any part of the Rules is found to be unenforceable as a matter of law, all other parts of the Rules shall be unaffected and shall remain in force.
12.5 Our determination and decision on all matters will be final and no correspondence will be entered into. Any dispute or situation not covered by the Rules will be resolved by Our management in a manner it deems to be the fairest to all concerned and, subject to the following section, that decision shall be final and binding on all Participants.
12.6 You and We agree that the laws of the State of Oregon apply to the Rules and that any
dispute between You and Us arising out of or in connection with the Rules or any Promotion will only be dealt with by the courts of Portland, Oregon, USA.
12.7 If these Standard Promotional Terms or any applicable Specific Promotional Terms are
translated into a language other than English, then the English version shall prevail where there is any inconsistency.