NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET CONNECTED X-BOX® OR PLAYSTATION® GAMING SYSTEM AND GAMER ID REQUIRED FOR ENTRY.
ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision.
ELIGIBILITY: The NPD “VG Voice Sweepstakes” ("Promotion") is only open and offered to legal residents of the 50 United States and the District of Columbia who are at least 13 years of age or older, and have an internet connected X-Box Live® or PlayStation Network® gaming system (“Gaming System”) as of May 31, 2019. Those who are under the legal age of majority in their jurisdiction of residence must obtain consent of their parent or legal guardian to enter and the latter may be required to execute additional documentation by and on behalf of their minor child.
Employees, officers, directors of The NPD Group, Inc. (“Sponsor”), and BI WORLDWIDE (“Administrator”) and their respective subsidiaries and affiliated companies, agents, advertising/promotion agencies, individuals engaged in the development, production, or distribution of materials for, or implementation of the Promotion (collectively referred to herein as the “Promotion Entities”), and the immediate family members (spouse, siblings, children and parents including foster and step-relations) or those living in their same household (whether or not related) as any person in any of the preceding categories are not eligible to enter or win a prize. Void where prohibited or restricted by law.
By entering the Promotion, a Member (as defined below) fully and unconditionally agrees to and accepts these Official Rules, and the decisions of the Sponsor and/or Administrator (and their authorized representatives) which are final and binding with respect to all matters pertaining to the Promotion and all elements thereof.
PROMOTION PERIOD/SWEEPSTAKES ENTRY PERIODS: The Promotion begins on or about 12:00 a.m. Pacific Time (“PT”) on June 10, 2019 and ends at 11:59 p.m. PT on August 31, 2019 (the “Promotion Period”). The Promotion consists of weekly, bi-weekly, and monthly sweepstakes; entry periods are as follows:
Weekly entries will carry over into Bi-Weekly (max. 2 entries per bi-weekly drawing) and Monthly drawing (max. 4 weekly entries per Monthly drawing) as described above. Weekly entries will not carry over into any subsequent weekly drawing. The clock on the Sponsor’s server shall be the official time keeping device for this Promotion. All time referenced in connection with the Promotion is Pacific Time. Members are solely responsible for determining the corresponding time zone in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto.
HOW TO ENTER: All Members that play at least one game on their Gaming System using their Gamer ID each week, will receive one (1) Sweepstakes entry for the respective Entry Period. Limit of: one (1) entry per Week, two (2) entries per Bi-Weekly Period, and four (4) entries per Month, per person/email/Gamer ID. Entries are earned by play on the Gaming System by Member using their own registered Gamer Id and not by number of games or time spent.
Incomplete, ineligible, or non-compliant entries are void. Entries become the property of Sponsor and will not be returned. Members may not enter through a sweepstakes club (or similar method whether or not paid), with multiple (gamer) identities, any substitute or player proxy, devices, accounts, registrations, e-mail addresses, IP addresses, and/or phone numbers, nor shall entrants use any other device or artifice to enter or participate. Entries may only be submitted by a single registered user; group or commercial submissions are not permissible. Any suspected use of, cheating, fraud, on-line clubs (or similar methods), exchange sites, robotic, automatic, macro, script, programmed or like methods as determined in Sponsor’s sole and absolute discretion, will void all such entries by such methods, and disqualify any entrant suspected of using/benefitting from such methods. Without limiting the foregoing, Sponsor has the right to verify entrants’ eligibility and compliance with these Official Rules and, on the basis of its investigation, to disqualify any entry/entrant at any time during or after the Promotion Period. Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, illegible, delayed, destroyed, damaged, not received, undelivered, or misdirected entries (in whole or in part). Entries must be compliant, submitted via the method of entry communicated herein, and received by Sponsor within the time stated to be eligible for the applicable drawing. Entries submitted via any other entry method will not be accepted.
RANDOM DRAWINGS/ODDS: Administrator will conduct a separate random drawing on or about seven (7) business days following the end of each Month of the Promotion to select that Month’s potential Weekly, Bi-Weekly and Monthly winners. Odds of winning depend on the number of eligible entries received for each applicable drawing during the Promotion Period.
SWEEPSTAKES WINNER NOTIFICATION/VERIFICATION: Potential winners will be notified by email (provided at Member registration), on or about seven (7) business days after the drawing. Potential winners (or if a minor their parent/legal guardian) may be required to complete, sign, have witnessed and return a Declaration of Eligibility, Liability and, where lawful, Publicity Release, as well as applicable tax information forms, within seven (7) days of email notification attempt or an alternate potential winner will be selected, time permitting. If any e-mail notification is declined, unclaimed, returned, unresponsive, untimely, undeliverable, misdirected (including into spam or junk folders), unredeemed or otherwise returned as undeliverable, the prize will be forfeited and an alternate potential winner will be selected for the applicable prize/level from remaining eligible entries. Should a potential winner or any other winner decide to decline the prize for any reason whatsoever, Sponsor shall have no further obligation to that potential winner, and an alternate potential winner will be selected. After two unsuccessful attempts to contact an alternate winner, the Sponsor is not liable to fulfill the prize. Acceptance of prize constitutes winner's agreement and permission for Sponsor to use winner's name and likeness for advertising and trade purposes in any and all media without further notice or compensation, unless prohibited by law.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”): The following prizes will be awarded, subject to verification and compliance of potential winners:
Weekly Prize (12 per Week): $5 Amazon® e-code, ARV $5
Bi-Weekly Prize (8 per Bi-Weekly Period): $10 Gaming System gift code*, ARV $10
Monthly Prize (2 per Month): $100 Gaming System gift code*, ARV $100
*Gaming System gift code will be awarded as either an Xbox or PlayStation gift code, depending on system used by winner.
Limit one (1) prize from each prize level per person during the entire Promotion Period. All prizes are subject to compliance, verification of eligibility and receipt of all documentation from the potential winner necessary to process the prize. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor (and issuer, as applicable) in their absolute discretion. Gift codes are subject to the terms and conditions of issuer and may be subject to additional restrictions and limitations than stated herein. Prize must be accepted as a whole. Prizes cannot be assigned, transferred, or substituted, in whole or in part, except by Sponsor who may, at its sole discretion, substitute a prize or any element thereof, with a different prize of equal or greater value. Sponsor will not replace any lost, misdirected, destroyed, stolen or unused emails, gift codes and/or promotion codes. Any and all applicable local, state, and federal taxes and all expenses not specifically stated herein are solely the responsibility of a winner. Winners are advised to seek independent counsel regarding tax implications of their prize winning. Only the description and number of prizes stated in these Official Rules is available to be won in the Promotion. In no event is the Sponsor responsible for awarding more prizes or prizes in greater amount than the number of prizes or amounts stated herein.
LIMITATIONS OF LIABILITY: BY PARTICIPATING, ENTRANTS AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS THE SPONSOR, ADMINISTRATOR, OTHER PROMOTION ENTITIES, AND THEIR PARENT, AFFILIATED AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE DISTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, ASSIGNS AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION OR OTHER LEGAL PROCEEDINGS ARE COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE (OR INABILITY TO USE), MISDIRECTION, OR MISUSE OF A PRIZE OR ANY ELEMENT THEREOF, PARTICIPATION IN THE PROMOTION AND/OR PRIZE RELATED ACTIVITY, AND ACCESS/USE OF ALL WEBSITES AND GAMING SYSTEMS, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES. To the fullest extent permitted by law, entrants covenant not to sue any Released Party or cause them to be sued regarding any matter released above and further covenant not to disaffirm, limit or rescind these releases. A waiver by one or more of the Released Parties of any term in these Official Rules does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these Official Rules only to the extent of its invalidity, illegality or unenforceability, and these Official Rules shall be construed and enforced as if they did not contain the stricken provision.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION, PARTICIPATION IN PROMOTION AND/OR PRIZE RELATED ACTIVITIES, THE USE (OR INABILITY TO USE), MISDIRECTION OR MISUSE OF A PRIZE OR ANY ELEMENT THEREOF, OR ACCESS TO, AND USE OF ANY WEBSITE OR GAMING SYSTEM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITES 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, AND NON-INFRINGEMENT.
GENERAL CONDITIONS: Neither Sponsor, Administrator or Service Provider are responsible for lost, late, misdirected, incomplete, unintelligible, illegible, stolen, returned, or undelivered entries, mail or e-mail, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, app, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information, nor for the failure to capture any such information. Persons who tamper with or abuse any aspect of the Promotion or Website, as solely determined by the Sponsor, will be disqualified. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor is not responsible for injury or damage to Members' or to any other person's computer, gaming system or mobile device related to or resulting from participating in this Promotion or downloading materials from or use of the Website. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by cheating, virus, worms, bugs, scripts, robotic or other invidious programming, non-authorized human intervention, technical failures or other causes similar or dissimilar which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion, or any element thereof and may in its discretion select winners by random from non-suspect eligible entries received prior to action taken, but only as deemed fair by Sponsor. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion, and assumes no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction to, or unauthorized use of either Website. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the registered e-mail address.. Authorized account holder is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, Promotion materials and/or any other information relating to this Promotion, these Official Rules shall govern.
Promotion Entities shall not be liable to Members, winners or any other person or entity for failure to execute the Promotion or supply a prize, or any part thereof, by reason of any act of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not such action, regulation, order or request proves to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
DISPUTES/ARBITRATION: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. Member is solely responsible for compliance with all applicable laws, rules and regulations including but not limited to tax and similar reporting obligations imposed by the Federal, state and local authorities. As a condition of participating in this Promotion, Member agrees that any and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Member’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, and any other disputes that cannot be informally resolved between the parties arising out of or connected with this Promotion or any element thereof shall be resolved individually, without resort to and waive their rights to claim any form of class action, exclusively before a binding one person arbitration panel located in Port Washington, NY.
PRIVACY NOTICE: For information about how the Sponsor uses personal information collected in connection with this Promotion, please see its Privacy Notice. The only information that is shared with Administrator is information used for the sole purposes of winner selection, notification, and the fulfillment of a prize.
WINNERS LIST: To obtain a list of winners of prizes over $25, mail your request in a U.S. sufficiently stamped envelope to be received by September 30, 2019 to: NPD Video Game Panel Winners List, P.O. Box 390347, Minneapolis, MN 55439.
SPONSOR: The NPD Group, Inc. 900 West Shore Road, Port Washington, NY 11050.
ADMINISTRATOR: BI WORLDWIDE, 7630 Bush Lake Rd, Minneapolis, MN 55439 USA.
Any retailer associated with a prize or Gaming System manufacturer required for entry are in no way sponsors, administrators, endorsers of or otherwise associated with this Promotion.