Guess That Hyper Rules

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edited October 13, 2017 in Archives
NEXON AMERICA INC.
HYPER UNIVERSE NAME THAT SKIN CONTEST (OCTOBER 2017)

OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR WIN.
A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Sponsor: The HYPER UNIVERSE NAME THAT SKIN CONTEST (OCTOBER 2017) (“Promotion”) is sponsored by Nexon America Inc., 222 N. Sepulveda Blvd., Suite 200, El Segundo, California 90245, USA (“Sponsor”).

2. Eligibility: The Promotion is open only to current players of Sponsor’s Hyper Universe game (“Game”) who: (a) are at least thirteen (13) years of age as of the start of the Promotion Period (defined below); (b) are legal residents of a country that is within the service region of Sponsor’s Game (entrants may check whether their country of residence is within the service region by visiting https://support-hyperuniverse.nexon.net/hc/en-us/articles/115004270463-Region-Restrictions); and (c) have never been banned or suspended, or had an account banned or suspended, for hacking or similar violations of Sponsor’s terms of service. Any entrant that is under the age of majority in his/her jurisdiction of residence must have their parent or legal guardian’s permission to participate in the Promotion, and must provide evidence of such permission to Sponsor in whatever form required if requested by Sponsor. Employees, officers and directors of Nexon America Inc., its affiliated companies, agents thereof, the immediate family of any such person (defined as parents, children, siblings and husband or wife), or those with whom such person(s) are domiciled, are not eligible to participate. The Promotion is void where prohibited.

3. Agreement to Official Rules: Participation in the Promotion constitutes the entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Promotion begins at the time the Promotion is announced via the Hyper Universe Facebook page (https://www.facebook.com/playhyper) (“HU FB page”) on October 13 and ends on October 16, 2017 at 11:59:59 pm Pacific Time (“Promotion Period”). Submissions submitted before or after the Promotion Period will be disqualified. Sponsor’s computer will be the official timekeeping device for this Promotion. Entrants are responsible for calculating the difference in time zones.

5. How to Participate: Sponsor will announce the Promotion via a Facebook multiple choice poll (“Post”) that will include a photo of a new and upcoming skin from the Game. To participate in the Promotion, entrant must correctly guess which Hyper the skin included in Sponsor’s Post belongs to. Entrants who guess the correct Hyper on the HU FB page will be entered into the drawing. Entrant must include their in-game name and server name in the comments section of the Post along with their guess (“Entry”).

Each person or Facebook account holder is limited to a maximum number of one (1) submission. Sponsor reserves the right in its sole discretion to disqualify any entrant it finds to be tampering with the operation of the Promotion, such as using automated submission or image generation software, or to be acting in violation of these Official Rules. In the event of a dispute as to the identity of an entrant, the authorized account holder of the Facebook account that is used to respond to the Post will be deemed to be the entrant. The “authorized account holder” is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address that registered for the Facebook.com account.

6. Winner Selection: After the Promotion Period has ended, Sponsor will randomly select five (5) potential prize winners from among all eligible entrants. The potential winners will be notified after the final date of selection directly via email (or by other means of communication as Sponsor may select). The potential prize winners may be asked to submit additional personal information in order to confirm eligibility and be awarded the prize. Potential prize winners may also be asked to sign an Affidavit of Eligibility or Declaration of Compliance (as may be applicable given the location of the potential prize winner) unless this is prohibited by law. If the potential winners cannot be contacted, fails to respond to the notification within the required time period (if applicable), or fails to sign and return the Affidavit or Declaration within the required time period (if applicable), he/she will be disqualified and will forfeit the prize. If a potential winner is disqualified for any reason, Sponsor will award the prize to an alternate potential winner to be chosen based upon the winner selection criteria described in this Section.

7. Winners List: The winners will be announced by Sponsor on the HU FB page no later than thirty (30) days after all winners have been confirmed.

8. Prizes: Once confirmed, each prize winner will receive the following:

• Skin of entrant’s choice

Limit one (1) prize per person or Facebook account. No cash or other substitution is allowed except by the Sponsor who may substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value, as determined by the Sponsor in its sole discretion. A prize (or part thereof) is not transferable or refundable and must be accepted as awarded. The winners are responsible for any and all other costs and expenses not listed above. Winners will be responsible for payment and reporting of all applicable taxes associated with the receipt and usage of a prize. Sponsor may report the receipt of any prize to the appropriate federal, state, or local taxing agency(ies). Please allow at least thirty (30) days from completion of the judging process for the in-game prizes to be reflected in the winners’ accounts.

9. Warranties and Representations: By participating in the Promotion, each entrant warrants and represents that:
a. the entrant has read and understands these Official Rules;
b. at all times the entrant has complied fully with these Official Rules; and
c. the entrant will continue to comply in full with these Official Rules until the Promotion has been completed.

10. Privacy and Publicity: Except as set forth herein, all information submitted by entrants in the Promotion will be treated according to the Sponsor’s Privacy Policy (http://www.nexon.net/legal/privacy-policy/). Except where prohibited, participation in the Promotion constitutes entrant’s consent to the Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and country and state or province of residence for promotional purposes in any media without further payment or consideration.

11. Indemnification: By entering, entrants agree to defend, indemnify and otherwise hold Sponsor, its parent and affiliated companies, and the agents, officers, directors, and employees of each (collectively the “Released Parties”) harmless from and against any and all liability of any nature whatsoever arising out of or relating to:

a. any technical errors that may prevent entrants from participating in any way;
b. unauthorized human intervention in the Promotion;
c. errors in the administration of the Promotion; and
d. injury, death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use of any prize, including any such claim by the Released Parties’ employees or any third parties.

Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages.

12. Disputes: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Los Angeles County, California, United States of America. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, United States of America, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.

13. General Conditions: In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules or (b) award the prizes from among the submissions received up to the time of the impairment. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, 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. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. By participating in this Promotion, all participants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, and hereby expressly release Facebook Inc. from all claims and demands, known or unknown, arising from their participation in the Promotion. The Promotion is void where prohibited.


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