FUNPLUS GENERAL CAMPAIGN TERMS AND CONDITIONS
Last updated: 6 November 2023
NO PURCHASE IS NECESSARY TO ENTER THE CAMPAIGN, WIN OR CLAIM A PRIZE.
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
1 THE CAMPAIGN
1.1 The promoter and organiser of the campaign (“Campaign”) is FunPlus International AG, a company registered in Switzerland and located at Bahnhofstrasse 2, 6300 Zug, Switzerland, with commercial register number CHE-406.512.803 (“FunPlus”, “us” or “we”). These general campaign terms and conditions (“Campaign Terms and Conditions”) govern the legal relationship between FunPlus and you (referred to in these Campaign Terms and Conditions as “you”, “yours” or “Entrant”) in relation to the Campaign. A Campaign can be a sweepstake, contest, or a giveaway.
1.2 By participating in this campaign, you agree to be bound by (cumulatively):
- 1.2.1 the Campaign rules applicable to the Campaign as published at the relevant Campaign interface (“Campaign Rules”);
- 1.2.2 these Campaign Terms and Conditions;
2 HOW TO ENTER
2.1 Full details on how to enter the Campaign are set out in the Campaign Rules.
2.2 All Campaign entries must be received by FunPlus by no later than the date and time specified in the Campaign Rules. All Campaign entries received after such time are automatically disqualified.
2.3 All entries must be accompanied by your UID, name, address, email address and any other information as indicated in the Campaign Rules.
2.4 FunPlus will not accept:
- 2.4.1 responsibility for Campaign entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
- 2.4.2 proof of posting or transmission as proof of receipt of entry to the Campaign.
2.5 For help with entries or any other questions about a Campaign, please contact email@example.com.
3.1 The Campaign is only open to Entrants located in the jurisdictions set out in the Campaign Rules.
3.2 You may not enter the Campaign if you are:
- 3.2.1 an employee of FunPlus or its holding or subsidiary companies;
- 3.2.2 an employee, agent or supplier of FunPlus or its holding or subsidiary companies, who are professionally connected with the Campaign or its administration; or
- 3.2.3 a member of the immediate family or household of those individuals set out in paragraphs 3.2.1 and 3.2.2 above.
3.3 The Campaign is open to Entrants aged 13 years or over provided that any Entrant under the age of majority in their jurisdiction of residence, must show these Campaign Terms and Conditions to their parent or legal guardian and receive their permission to agree to these Campaign Terms and Conditions, participate in the Campaign, and submit their personal information to FunPlus. Where parental permission is required, entrants must be able to provide evidence that their parent or guardian has consented to their participation in the Campaign, or if required, execute documentation that confirms this fact such as an authorization signed by their parent(s) or guardian(s).
3.4 By entering the Campaign, you confirm that you are eligible to do so and eligible to claim any prize you may win, and that your participation in the Campaign is in full compliance with applicable laws and regulations in your jurisdiction of residence. FunPlus may require you to provide identification documents and/or proof that you are eligible to enter the Campaign and reserves the right to disqualify any Entrant who is not eligible to enter the Campaign or claim a prize.
3.5 FunPlus will not accept Campaign entries that are:
- 3.5.1 automatically generated by computer (including any entries that have been created using generative artificial intelligence systems), unless explicitly permitted in the Campaign Rules;
- 3.5.2 completed by third parties or in bulk;
- 3.5.3 illegible, have been altered, reconstructed, forged, or tampered with;
- 3.5.4 photocopies and not originals; or
- 3.5.5 incomplete.
3.6 FunPlus reserves the right to disqualify you if your conduct is conflicting with the spirit or intention of the Campaign. Being qualified to win a prize is contingent upon fulfilling all requirements set forth in these Campaign Terms and Conditions and/or in the Campaign Rules.
3.7 Campaign entries cannot be returned.
4 THE PRIZE
4.1 Full details of the prizes are set out in the Campaign Rules. Prizes are subject to availability. FunPlus reserves the right at its discretion to substitute the prize with a cash alternative to an equivalent value, or to substitute the prize with a prize of equal or greater value. FunPlus accepts no responsibility for any costs associated with the prize and not specifically included in the prize.
4.2 The prize is not negotiable or transferable, and no prize substitution or exchange will be allowed except by FunPlus in accordance with the Campaign Terms and Conditions. Prizes will not be redeemable or exchanged for cash, except where required by law.
5.1 Full details on how the winners of the Campaign will be selected are set out in the Campaign Rules. This includes the process to be used where any winners are selected at random or, where the winners are selected based on skill, details of criteria used to select winners and/or the judging panel that will be making the decision.
5.2 The decision of FunPlus is final and no correspondence or discussion will be entered into.
5.3 Where applicable and as specified in the Campaign Rules, FunPlus will contact the winner(s) personally as soon as practicable, using their UID, in-game messages, telephone number or email address provided with the Campaign entry. FunPlus will not amend any contact information once the Campaign entry has been submitted.
5.4 Information on the winners will be published or made available via the Campaign interface, in-game message, email, or other methods as specified in the Campaign Rules. If you object to any or all of your surname, country and winning entry being published or made available, please contact FunPlus by emailing firstname.lastname@example.org. In such circumstances, FunPlus will only provide this information to the relevant governmental authorities as required by applicable law.
5.5 Within one month of the closing date of the Campaign, anyone can request information of the major prize winners by writing to FunPlus at Bahnhofstrasse 2, 6300 Zug, Switzerland with a self-addressed stamped envelope and with reference to the specific Campaign.
6 CLAIMING THE PRIZE
6.1 If the prizes consist of in-game items or in-game currency, they will either be issued directly to your account, or you will need to claim them according to the instructions set out in the Campaign Rules. If the prizes are physical goods, you will need to claim the prizes according to the instructions set out in the Campaign Rules.
6.2 If you do not follow the instructions in the Campaign Rules for claiming the prizes, or if you do not provide all requested information (including any information required by FunPlus to verify your compliance with the Campaign Terms and Conditions and Campaign Rules) within the time set by FunPlus when making such request, your claim to the prize will become invalid.
6.3 The prize may not be claimed by a third party on your behalf.
6.4 FunPlus shall not be held responsible for any delays in awarding a prize for reasons that cannot be attributed to FunPlus, such as, but not limited to, force majeure, or technical errors.
6.5 FunPlus will make all reasonable efforts to contact the winner. If the winner cannot be contacted, a notification is returned or is undeliverable, the winner does not respond to a notification or is not available, or has otherwise not claimed their prize within the timeline and/or according to the requirements as specified in the Campaign Rules, FunPlus reserves the right to offer the prize to the next eligible entrant.
6.6 FunPlus does not accept any responsibility if you are not able to take up the prize.
6.7 If the prize requires any travelling, the winner will be responsible for ensuring that they (and any person travelling with them, if applicable) hold a valid passport and/or other necessary travel documentation and visas. Where travel is involved FunPlus will communicate with the winner(s) of a Campaign (or their parent or guardian if they are under 18) to decide a mutually acceptable date of travel, however the final decision will rest with FunPlus. Any winner under the age of 18 may need to be accompanied by a parent or guardian.
6.8 If not supplied directly by FunPlus, the prizes will be delivered by a designated party appointed by FunPlus as set out in the Campaign Rules.
6.9 Each winner shall be solely responsible for payment of any and all legal and administrative fees and taxes associated with importation and incurred, arising from or in connection with the prize delivery, which may include applicable federal, state, provincial, territorial, and local taxes. Winners may also be required to sign and return certain tax documentation as a condition of being declared a verified winner. All approximate retail values do not include applicable goods and services tax, provincial, state, territorial or other applicable taxes, and confirmed winners may be required to pay such taxes upon receipt of the applicable prize. All other costs and expenses not expressly set forth in the Campaign Terms and Conditions or the Campaign Rules shall be solely a winner’s responsibility unless otherwise mandated by the applicable laws.
7 LIMITATION OF LIABILITY
7.1 By participating in this Campaign, each Entrant (and any minor Entrant’s parent or legal guardian) agree that FunPlus and its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfilment and marketing agencies, website providers and each of their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) will not, to the extent permitted by the applicable laws in any circumstances be responsible or liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Campaign or of taking up a prize except where it is caused by the negligence of FunPlus or cannot be excluded by the applicable laws. Further, FunPlus is not responsible for any undelivered messages or e-mails, including without limitation, in-game messages, e-mails that are not received because of an entrant’s privacy or spam filter settings that may divert any winner notification or other Campaign-related e-mail to a spam or junk folder. Your statutory rights are not affected.
7.2 By entering the Campaign, each Entrant (and any minor Entrant’s parent or legal guardian) agrees: (i) to the extent permitted by the applicable laws, to waive any rights to claim ambiguity with respect to these Campaign Terms and Conditions; and (ii) to the extent permitted by the applicable laws, to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, damage, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Campaign, including, but not limited to, any Campaign-related activity or element thereof, participation or inability to participate in the Campaign; (b) the violation by the Entrant of any third-party privacy, personal, publicity or proprietary rights, including but not limited to defamation, copyright and trademark infringement; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or wilful misconduct in connection with the use of a prize (or any component thereof); (d) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (e) the negligence or wilful misconduct by the Entrant.
7.3 If, for any reason, the Campaign is not capable of running as planned or if the prize is not available, or the integrity and or feasibility of the Campaign is severely undermined by any event beyond the control of FunPlus, including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labour dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of FunPlus (each a “Force Majeure” event or occurrence), FunPlus reserves the right, at its sole discretion, to abbreviate, cancel, terminate, modify or suspend the Campaign and/or proceed with the Campaign, including the selection of winners in a manner it deems fair and reasonable, including the selection of winners from among eligible entries received prior to such event without any further obligation provided a sufficient number of eligible entries are received. If FunPlus elects to alter this Campaign as a result of a Force Majeure event, a notice will be posted by FunPlus.
7.4 WITHOUT LIMITING THE FOREGOING, UNLESS PROHIBITED BY APPLICABLE LAWS, EVERYTHING REGARDING THIS CAMPAIGN, INCLUDING ANY PRIZE(S), IS 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.
8 REPRESENTATIONS AND WARRANTIES
To the extent that the Campaign requires a submission of content, you represent and warrant to FunPlus that your entry is (i) completely your original work and was written or filmed solely by you, (ii) not copied from any other source or previously broadcast or otherwise distributed or disseminated in any media or format, (iii) not in the public domain, and (iv) not in violation of or conflict with the trademark, copyright, rights of privacy, rights of publicity or any other rights, of any kind or nature, of any other person or entity.
9 OWNERSHIP OF CAMPAIGN ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
9.1 All Campaign entries and any accompanying material submitted to FunPlus will become the property of FunPlus on receipt and will not be returned.
9.2 By submitting your Campaign entry and any accompanying material, you agree to:
- 9.2.1 assign to FunPlus all your intellectual property rights with full title guarantee; and;
- 9.2.2 waive all moral rights, in and to your Campaign entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under any applicable legislation from time to time in force anywhere in the world.
9.3 You agree that FunPlus may, but is not required to, make your entry available on any FunPlus Site and any other media, whether now known or invented in the future, and in connection with any publicity of the Campaign. You agree to grant FunPlus a free non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the Campaign entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the Campaign entry and any accompanying materials for such purposes.
9.4 In the event that a creator’s kit or any other asset and/or materials of FunPlus (including without limitation, software, code, information, content, data, text, characters, music, sounds, images or videos, together “Content”) is made available by FunPlus or on our behalf for the Campaign, all related copyright and other intellectual property rights in such Content are licensed, not sold, to you under these Campaign Terms and Conditions. Subject to your strict compliance with these Campaign Terms and Conditions, we grant you a limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to use our Content for your own personal and non-commercial use. If you breach any of these Campaign Terms and Conditions or the Campaign Rules, we may immediately terminate or suspend this licence. You acknowledge that all intellectual property and other rights in the Content are and will remain our sole property and that you will have no ownership, title or other proprietary interest in and to the Content.
10.2 If there is any reason to believe that there has been a breach of these Campaign Terms and Conditions or the Campaign Rules, FunPlus may, at its sole discretion, reserve the right to exclude you from participating in the Campaign.
10.3 FunPlus reserves the right to hold void, suspend, cancel, or amend the prize of the Campaign where it becomes necessary to do so, including if any law or regulation is inconsistent with these terms or where any law or regulation makes FunPlus’s performance of these terms impossible, unlawful, illegal or unethical.
10.4 These Campaign Terms and Conditions and the Campaign Rules shall be governed by the laws of Switzerland, and the parties submit to the non-exclusive jurisdiction of the courts of Zug, Switzerland. This choice of law does not deprive the entrant of the protection afforded under the laws of their jurisdiction of residence and such provisions that cannot be derogated from by agreement or virtue of the law of their jurisdictions of residence.
If any provision of these Campaign Terms and Conditions or the Campaign Rules or any word, phrase, clause, sentence, or other portion thereof is held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Campaign Terms and Conditions and the Campaign Rules valid and enforceable. The invalidity or unenforceability of any provision of these Campaign Terms and Conditions and the Campaign Rules or any prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Campaign Terms and Conditions or the Campaign Rules. FunPlus’s failure to enforce any term of these Campaign Terms and Conditions or the Campaign Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect.
10.5 These Campaign Terms and Conditions are drafted in the English language and may be translated into other languages. The English language version of these Campaign Terms and Conditions shall prevail if there is a conflict or inconsistency or clarification required with other language versions.
10.6 Where a Campaign is made available in the United States of America or Canada, the associated additional terms will apply and, where necessary, take precedence over any other terms in these Campaign Terms and Conditions:
|SKILL TESTING QUESTION REQUIRED: Where any prize winner is selected in whole or in part by chance, to be eligible to receive a prize, Entrants who are located in Canada must first inform FunPlus at email@example.com that Entrant is located in Canada and Entrant shall request a skill-testing question, which FunPlus subsequently will provide and which must be answered correctly by Entrant without mechanical or other aid. FunPlus reserves the right at any time to administer an alternate or additional test of skill as it deems appropriate based on the circumstances, to address discrimination or disability issues and/or to comply with applicable law.
For Quebec, Canada Residents only: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux du Quebec for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the sole purpose of helping the parties reach a settlement.
|United States of America
|ARBITRATION PROVISION: By participating in this Campaign, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, FunPlus relating to, arising out of or connected in any way with (a) the Campaign, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in San Francisco, California; (iv) the arbitrator’s decision shall be controlled by these Campaign Terms and Conditions and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Campaign; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honour claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or FunPlus’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or FunPlus; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, FunPlus will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor FunPlus shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
10.7 Where a Campaign is made available in any other territory, the Campaign Rules may set out additional terms that will apply to Entrants from those territories. Where necessary, these territory specific terms will take precedence over any other terms in these Campaign Terms and Conditions.
10.8 The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact firstname.lastname@example.org.