‘#MorrowindMemories’
(“Promotion”)
OFFICIAL TERMS & CONDITIONS
These are the official rules (“Terms and Conditions”) that govern how the ‘#MorrowindMemories’ Promotion (the “Promotion”) will operate. The Promotion is sponsored by Bethesda Softworks LLC, a ZeniMax Media Company with offices at 1370 Piccard Dr., Rockville, MD 20850. “Bethesda”, “we”, “our”, and “us” refer to Bethesda Softworks LLC, “you” “yourself”, “your” refers to an eligible Promotion entrant. When we refer to the “Territory” in these Terms and Conditions, we mean (i) one of the 50 United States (or the District of Columbia) excluding the territories, military installations and commonwealths, (ii) the United Kingdom, or (iii) Canada. For the purposes of the Promotion, the “Promotion Group” is composed of Bethesda, together with its affiliates and related companies, including without limitation its parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Promotion, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Promotion and their respective officers, directors, employees, agents, and other representatives. When entering into this Promotion, you should carefully read these Terms. By entering the Promotion you acknowledge, agree and accept these Terms and Conditions and will be bound by them.
1.
PROMOTION PERIOD
The Promotion starts on Wednesday, May 24th,
2017 at approximately 9:00 a.m. EDT and ends on Saturday, June 10th, 2017 at approximately 11.59
p.m. EDT (the “Promotion Period”).
2.
ELIGIBILITY
The Promotion is open to anyone residing in the Territory who is 18 years of
age or older (the “Required Age”) at the time of entry and capable of being bound
by these Terms and Conditions. You must
be able to prove your age and identity and may be required to provide your
valid passport, driver’s license or other official identification. Members of the
Promotion Group are not eligible to enter the Promotion, nor are members of their
families (defined as parents, children, siblings, and spouse and life partners)
or government officials of the Territory. You are also not eligible if you were or are
involved in any part of the administration or execution of this Promotion. Please note that this Promotion is void
outside of the Territory and wherever else prohibited by law.
3.
HOW TO ENTER
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING. To enter this
Promotion you must satisfy all of the eligibility criteria above, have access
to the Internet and a valid Twitter, Instagram and/or Facebook account. To receive one (1) entry into the Promotion
you must share your favourite memor(ies) of The
Elder Scrolls® III: Morrowind® with the hashtag #MorrowindMemories using your Twitter, Instagram and/or Facebook
account (each an “Account”) and
further consent to these Terms and Conditions. In order for your entry to be valid, your Twitter,
Facebook and Instagram accounts must be public and thus viewable by Bethesda
and its agents.
Your entry will be deemed entered when you publicly share your entry in accordance with this section 3. Once your submission is received, you will automatically receive one (1) entry (each an “Entry” or collectively, “Entries”) into the Promotion. By submission of an Entry, you confirm that you have read, understood and agree to abide by these Official Terms and Conditions. If your submission does not adhere to the eligibility criteria listed above your submission will be void and ineligible for entry into the Promotion. You represent and warrant that your submission is not libellous, defamatory, profane, or obscene and does not infringe upon the intellectual property rights or other rights or privacy or personality or any other statutory or common law rights of any other person, any such submissions shall be deemed void Entries. Limit: One (1) Entry per person per Account during the Promotion Period. Each Entry must be submitted by the entrant him or herself. An Entrant may only use one (1) Twitter, Instagram and/or Facebook account in connection with this Promotion. Any attempt to exceed the maximum number of Entries per person is a violation of these Official Terms and Conditions and may result in disqualification. Use of automated devices is prohibited; automated Entries (including but not limited to Entries submitted using any robot, script, macro or other automated service) are not permitted and may result in disqualification.
4. HOW TO WIN
Two (2) entrants will be selected as winners at random from all Entries
received during the Promotion Period approximately
at 2:00 p.m. EST on June 14th,
2017 (the “Draw Date”). There are two
(2) Prizes (as defined below) to be won (one (1) per selected Entry). See Prize Claim Conditions in Section 5 below.
The odds of being selected as eligible
to win a Prize in this Promotion will depend on the total number of eligible
Entries received during the Promotion Period.
5. CONTACTING THE WINNNER AND PRIZE CLAIM
CONDITIONS
The selected entrant will be notified by Bethesda (or its authorized agent)
within approximately one (1) week of the
Draw Date via the applicable Account
used by the entrant to submit the selected Entry. The selected entrant may also be required to
complete and return to Bethesda (or its authorized agent) by the deadline
specified in the documents a written confirmation of eligibility (or
declaration and release) and publicity release form (collectively, the “Release”),
releasing the Promotion Group from any liability in connection with this Promotion
or the acceptance, possession, use or misuse of any prize, in such form as
requested by Bethesda (or its authorized agent). Return of any prize or winner notification as
undeliverable, inability to contact selected entrant or failure of selected
entrant to respond to notification within
three (3) days of first attempt by Bethesda or Bethesda’s agent, failure to
provide proof of eligibility (if requested), Release documents, or other
required documentation in a timely manner, or other non-compliance with these Official
Terms and Conditions may result in disqualification, forfeiture of the prize
and, at Bethesda’s sole discretion, selection of an alternate eligible entrant
for the forfeited prize at random from all remaining eligible Entries received,
who will be subject to disqualification in the same manner.
Residents of Canada Only: Before being declared a winner, each selected entrant must first correctly answer without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered at a mutually convenient time by telephone.
6. PRIZES
There are Two (2) Prizes available to be won consisting of the following:
1. One (1) custom PlayStation® 4 Pro (with an approximate retail value of US $399.00)
2. One (1) custom Xbox One S 2TB console (with an approximate retail value of US $399.00)
The Prize will be delivered only to the verified winner’s address as supplied to Bethesda (or its authorized agent) by them. ARV determined as of May 2017. Prices are subject to change; retailers may sell for less. The prize must be accepted as awarded and may not be substituted, transferred or redeemed for cash alternative or otherwise; however, the Promotion Group reserves the right to substitute a prize of equal or greater value, in cash or otherwise, at its sole discretion, if a prize, or any component of any prize, cannot be awarded for any reason. Bethesda (or its authorized agent) will not replace any lost or stolen prizes. Bethesda (or its authorized agent) makes no representations or warranties with respect to any prize. The winner will be responsible for all taxes and all expenses not listed herein related to acceptance and use of any prize. Any person who is a U.S. resident winning $600 or more worth of prizes from Sponsor in a calendar year will receive an IRS form 1099 after the end of the calendar year in which the prizes were awarded, and copy of such form will be filed with the Internal Revenue Service (IRS).
If you are selected as the winner and fulfil the Prize Claim Conditions, you agree to participate in further publicity, advertising or market research reasonably requested by Bethesda relating to the Promotion in any media or format, whether now known or hereafter developed, at any time, without further remuneration or notice.
7. PERSONAL INFORMATION
Any personal information received as part of this Promotion will be used by
Bethesda, its affiliates and its advertising and marketing agencies involved in
this Promotion for the purpose of the administration of the Promotion only. Bethesda’s privacy policy will apply to this
Promotion and to all information that we receive from your Entry. Please read
the Privacy Statement which may be found at http://www.zenimax.com/legal_privacy.htm before accepting these Terms and Conditions
and submitting your Entry. Please note
that by accepting these Terms and Conditions you acknowledge and agree that you
are also accepting the terms of the Privacy Statement. Twitter, Instagram and Facebook websites may
be hosted on servers in the United States, and the personal information you
provide may therefore also be subject to the laws of the United States.
8. RIGHT TO VOID / TERMINATE / SUSPEND /
MODIFY
If the Promotion, or any part thereof, is not capable of running as planned for
any reason, including but not limited to infection by computer virus, bugs,
tampering, unauthorized intervention, fraud, programming errors, or technical
failures, which, in the sole opinions of Bethesda (or its authorized agent),
corrupt or affect the administration, security, fairness, integrity or proper
conduct of this Promotion, Bethesda (or its authorized agent) may, in its sole
discretion, void any suspect Entries and: (a) terminate the Promotion, or any
portion thereof; (b) modify or suspend the Promotion, or any portion thereof,
to address the impairment and then resume the Promotion, or relevant portion,
in a manner that best conforms to the spirit of these Official Terms and
Conditions; and/or (c) award the prize from among the eligible, non-suspect
Entries received up to the time of the impairment in accordance with the winner
selection criteria discussed above.
FOR CANADIAN RESIDENTS ONLY: The Sponsor reserves the right, subject to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) with respect to residents of Quebec to terminate, suspend or modify this Promotion, or these Official Terms and Conditions, in whole or in part, at any time and without notice or obligation if, in the Sponsor’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Terms and Conditions. Without limiting the generality of the foregoing, if the Promotion, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Sponsor may, in its sole discretion, and subject only to the approval of the Régie in Quebec, void any suspect Entries and: (a) terminate the Promotion, or any portion thereof; (b) modify or suspend the Promotion, or any portion thereof, to address the impairment and then resume the Promotion, or relevant portion, in a manner that best conforms to the spirit of these Official Terms and Conditions; and/or (c) award the prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
9. GENERAL CONDITIONS
Winning the prize is contingent on fulfilling all the requirements set forth
herein. No Entries will be returned or
acknowledged. Mass Entries, automated Entries, Entries submitted by third
parties, and any Entries or prize claims that are late, incomplete, fraudulent,
illegible, unidentified or delayed will be void. All Entries and prize claims are subject to
verification. Proof of Entry submission
does not constitute proof of receipt. Entrants
agree to abide by these Official Terms and Conditions. Decisions of Bethesda and/or any independent Promotion
judging organization will be final and binding on all matters pertaining to
this Promotion. Bethesda reserves the right to correct any typographical,
printing, computer programming or operator errors. Bethesda’s failure to enforce any term of
these Official Terms and Conditions shall not constitute a waiver of that
provision. The invalidity or unenforceability of any provision of these Official
Terms and Conditions shall not affect the validity or enforceability of any
other provision. If any provision of these
Official Terms and Conditions is determined to be invalid or otherwise
unenforceable, then the Official Terms and Conditions shall be construed in
accordance with their terms as if the invalid or unenforceable provision was
not contained therein. Should a winner
make any false statement(s) in any document referenced above, the winner will
be required to promptly return to Bethesda (or its authorized agent) his/her
prize, or the cash value thereof (if applicable). Bethesda (or its authorized agent) reserves
the right at their sole discretion to disqualify any individual who tampers or
attempts to tamper with the entry process, the operation of the Promotion
and/or Promotion websites or apps, violates the Official Terms and Conditions,
or acts with intent to annoy, abuse, threaten or harass any other person. WARNING:
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY
WEBSITE OR APPLICATION ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE
LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL
LAWS, AND BETHESDA RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE
FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute as to the identity of the person who submitted any Entry, the authorized account holder of the Twitter, Instagram and/or Facebook account used to submit the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the Twitter, Instagram and/or Facebook account by Twitter Inc., Instagram, LLC and/or Facebook, Inc. respectively. The potential winner may be required to show proof of being the authorized account holder.
10. LIMITATIONS OF LIABILITY AND RELEASES
BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT THE PROMOTION GROUP HAS,
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NO LIABILITY WHATSOEVER FOR, AND
SHALL BE HELD HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES,
DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY
RESULTING FROM (A) ENTRY OR PARTICIPATION IN THIS PROMOTION, INCLUDING ACCESS
TO AND USE OF THE PROMOTION WEBSITES, (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY
RIGHTS, DEFAMATION OR PRIZE DELIVERY, OR (C) THE ACCEPTANCE, POSSESSION, USE OR
MISUSE OF THE PRIZE.
Without limiting the foregoing, the Promotion Group and any of Bethesda’s other agencies, suppliers or contractors, shall not be responsible for: (a) any incomplete or inaccurate information that is caused by the Promotion website users, or by any of the equipment or programming associated with or utilized in the Promotion, or by any technical or human error which may occur in the processing of submissions in the Promotion; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, Entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Promotion judging organization or Bethesda for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Promotion; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
Bethesda reserves the right to withdraw, change or cancel this Promotion at any time.
11. GOVERNING LAW
This Promotion is governed by U.S. law and is subject to all federal, state, and local laws and regulations. Void in Puerto Rico, all U.S. territories and possessions, overseas military installations and wherever prohibited by law. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved under the laws of the State of Maryland, without respect to any conflict of law issues, and you agree that such shall be resolved individually, without resort to any form of class action, and exclusively by the U.S. Federal and State Courts of Montgomery County, Maryland, U.S.A.
12. QUEBEC RESIDENTS ONLY
Any litigation respecting the conduct or organization of a publicity Promotion may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
13. TWITTER, INSTAGRAM, AND FACEBOOK DISCLAIMER.
The Promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter Inc., Instagram, LLC and / or Facebook, Inc. In entering the Promotion, entrants are providing information to Bethesda and not to Twitter Inc., Instagram, LLC and/or Facebook, Inc. By entering the Promotion, each entrant releases Twitter Inc., Instagram, LLC and/or Facebook, Inc. completely from any liability in respect of the Promotion.
© 2017 Bethesda Softworks LLC, a ZeniMax Media company. The Elder Scrolls® Online: Morrowind® developed by ZeniMax Online Studios LLC, a ZeniMax Media company. ZeniMax, The Elder Scrolls, Morrowind, ESO, ESO Plus, Bethesda, Bethesda Softworks and related logos are registered trademarks or trademarks of ZeniMax Media Inc. in the US and/or other countries. All Rights Reserved.