Immortals Progressive “Progressive Gaming”
Twitch Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED FOR ENTRY. SUBJECT TO ALL FEDERAL, STATE, MUNICIPAL, AND LOCAL LAWS, REGULATIONS, AND ORDINANCES.
1. This contest is sponsored and administered by Immortals, LLC, 6100 Center Drive, Suite 1050, LA, CA, 90045 (“Sponsor”).
2. Eligibility. Participation in the Giveaway is open only to legal residents of North America who are at least 18 years of age. Void where prohibited, taxed or restricted by law. Employees, officers and directors of Sponsor and its subsidiaries, affiliates, sponsors, suppliers, partners, advertising and promotion agencies, 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 enter. To participate in the Giveaway you must be an authorized account holder of a valid Twitch account and must be logged into your account when submitting an Entry (defined below). If you do not have a Twitch account, you can create one by visiting www.Twitch.com. Twitch accounts are free. If you are using your mobile device to enter the Giveaway, charges, including message and data rates, may apply. You should consult your wireless service provider regarding its pricing plans. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply.
3. How to Enter.
a. Entrant must use the correct command in Twitch Chat (!giveaway) when prompted during the hours of stream during the Sweepstakes Period. Sponsor’s computer is the official time-keeping device for the Giveaway. There is a limit of one Entry per valid Twitch account. If multiple Entries are received per Twitch account, only the first Entry will be accepted and additional Entries will be disqualified. Multiple participants are not permitted to share the same Twitch account. Any attempt by you, in Sponsor’s sole discretion, to submit more than one Entry by using multiple/different Twitch accounts, identities, or registrations, or any other methods may void your Entry and you may be disqualified from the Giveaway. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, contest or sweepstakes entry services) as determined by Sponsor in its sole discretion will void your Entry. In the event of a dispute as to any Entry, the authorized account holder of the Twitch account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned the Twitch account by Twitch. Potential winner may be required to show proof of being the authorized account holders.
b. By submitting an Entry, you agree to be fully unconditionally bound by these Official Rules, and you represent and warrant that you meet the eligibility requirements.
c. By submitting an Entry, you acknowledge and agree that you will clearly and conspicuously disclose that you are participating in a Giveaway in any online social sharing interaction that references the Giveaway.
d. No automated entry devices and/or programs are permitted. Receipt of entries will not be acknowledged or returned. Sponsor is not responsible for late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries are eligible. Proof of submission of an Entry will not be deemed to be proof of receipt by Sponsor.
4. Winner Selection. There will be up to 40 different winners will be randomly selected from all Entries during each Entry Period, and winners will receive at least 1 of 40 different Prizes (each, a “Winner”), with each Winner being announced on the Twitch chat accessible on the Feed. Each entry can only win once per giveaway item. Entrants can win multiple times during the Entry Period. All decisions of the Sponsor are final and binding with respect to all matters related to the Giveaway.
a. Each Winner will receive one of the following prizes (the “Prizes”):
i. Immortals 2022 jersey ($59.15)
ii. $50 RP gift card
vi. Immortals Northern Lights Hoodie ($45.15)
b. No cash or other Prize substitution shall be permitted except at Sponsor’s discretion. The prizes are 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.
6. Odds: The odds of winning depend on the number of eligible Entries received during each Entry Period during the Program.
7. Winner Notification. The Winners will be notified by direct message through Twitch on or about 48 hours after the winner is chosen. IT IS YOUR SOLE RESPONSIBILITY TO CONFIGURE YOUR Twitch ACCOUNT PRIVACY SETTINGS SO AS TO ACCEPT PRIVATE MESSAGES FROM SPONSOR. The potential Winners must promptly respond to the Winner’s notification message and complete a form (including the Winner’s email address, Twitch username, first and last name, mailing address, and phone number) in order to claim their prize. Sponsor shall have no liability for a Winner’s failure to receive notices via direct messages for any reason. If any: (a) Winner cannot be contacted within five business days of first notification attempt (or such longer period or number of attempts as may be required by applicable law); (b) Prize or Prize notification is returned as undeliverable; (c) Winner rejects a Prize; or (d) any Winner is not in compliance with these Official Rules, any awarded Prize will be forfeited and an alternate Winner may be selected. Upon Prize forfeiture, no compensation will be given. Winners may be required to complete and execute an affidavit/declaration of eligibility and release documentation in connection with receiving a Prize. Receipt by a Winner of the Prize offered in the Giveaway is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL, AT SPONSOR’S SOLE DISCRETION, RESULT IN THE WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
8. Conditions and Releases.
a. Any and all federal, state and local taxes are the sole responsibility of the Winners.
b. For each Entrant, including the Winner, participation in the Giveaway and/or acceptance of a Prize constitutes permission for Sponsor and Sponsor’s sponsors and suppliers related to the Giveaway (including, without limitation, Anheuser-Busch Companies, LLC’s Advertising Association; the “Giveaway Suppliers”) to use the Entrant’s name, address (city and state), likeness, image, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by the Entrant regarding the Giveaway, the Giveaway Suppliers, or Sponsor for advertising, marketing, and promotional purposes without notice or additional compensation, except where prohibited by law. The Entrants expressly acknowledge that such permission and consent includes the right and ability of Sponsor and the Sweepstakes Suppliers to use, incorporate, and include the Winner’s name, image and likeness in the design, production, and distribution of content and materials related to the Sweepstakes for the promotion, marketing, and advertisement of Sponsor and the Sweepstakes Suppliers in any and all forms of media presently known or hereinafter developed, all without the right to claim or receive any compensation, except where prohibited by law.
c. Wherever enforceable: by participating, entrants and Winners agree to release and hold harmless Sponsor, and its advertising and promotion agencies 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 Giveaway, or possession, acceptance and/or use or misuse of prize 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. Entrants who do not comply with these Official Rules, or 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 prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
9. Additional Terms.
a. Any attempted form of entry other than as set forth in Section 3 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor, its affiliates, partners and promotion and advertising agencies 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 entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Giveaway, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Giveaway or downloading any materials in this Giveaway. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Giveaway should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. In such case, Sponsor will select the Winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Giveaway or web site. Sponsor may prohibit an entrant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
b. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
c. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitation of Liability; Disclaimer of Warranties.
a. WHEREVER ENFORCEABLE, THIS GIVEAWAY IS NOT SUBJECT TO LEGAL RECOURSE.
b. WHEREVER ENFORCEABLE, 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 YOUR ACCESS TO AND USE OF THE SITE AND/OR ENTRY 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 PRIZES 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 NONINFRINGEMENT. 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 YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Disputes; Governing Law.
a. Wherever enforceable, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Giveaway.
b. Wherever enforceable, any controversy or claim arising out of or relating to these Official Rules and/or the Giveaway shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California.
c. WHEREVER ENFORCEABLE, THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Giveaway, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to Los Angeles County in the State of California. The parties agree not to raise the defense of forum non conveniens.
13. List of Winners. To obtain a list of Winners, send an email to email@example.com prior to December 31, 2022.
14. No Implied Endorsement. The names of individuals, groups, companies, products and services mentioned herein, associated with Sponsor, or included on any Prize, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, including Twitch, or the inclusion of a product or service as a Prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The Giveaway is in no way sponsored, endorsed, or administered by, or associated with Twitch.