NO PURCHASE OR WIRELESS DEVICE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. YOU HAVE NOT YET WON. PARTICIPATION IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES, PUERTO RICO OR CANADA (EXCLUDING QUEBEC), 13 YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY INTO THE SWEEPSTAKES. VOID IN ALL OTHER US TERRITORIES & POSSESSIONS, AND WHERE PROHIBITED BY LAW. IF YOU ARE ACCESSING THIS SWEEPSTAKES VIA YOUR WIRELESS DEVICE, DATA RATES MAY APPLY.
Sponsor & Administrator: Modern Media Group LLC, 1060 Tallow Tree Dr., Mandeville, LA 70448
Prize Provider: Microsoft
Sweepstakes Entities: Modern Media Group LLC & Microsoft
1) Acceptance of Official Rules. By entering the Attack of the Fanboy’s Xbox One Holiday Giveaway (the “Sweepstakes”) operated on the Attack of the Fanboy web site accessible at the domain https://attackofthefanboy.com/news/xbox-one-giveaway/ (the “Service”), you (“you” and/or “Participant”) hereby accept and agree to these official rules (the “Official Rules”) of this Sweepstakes, and the decisions of the Administrator in connection with this Sweepstakes, whose decisions are final.
If you are a wireless service subscriber and have a smart phone, tablet or other wireless device that allows you to access this Sweepstakes, you may also enter the Sweepstakes via any of those devices during the Promotion Period (as defined below). You may be charged data rates according to the Terms and Conditions of your Service Agreement with your wireless carrier. Each wireless carrier’s rate plan may vary, and participants should contact their wireless carrier for information on rate plans and charges relating to your participation in this Sweepstakes. Mobile and wireless service is offered on an ‘as is’ basis, may not be available in all areas at all times, and may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. Your wireless service carrier may change or discontinue your service, may charge you additional amounts at any time by giving you prior notice and/or it may discontinue service if you disagree to additional charges.
2) Eligibility. This Sweepstakes is open to persons who are: (a) legal residents of the United States, Puerto Rico, or Canada (excluding Quebec); (b) at least 13 years old at the date of entry into this Sweepstakes. Employees and directors, and their immediate family members, of the Sweepstakes Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies and legal and financial advisors are not eligible to participate in this Sweepstakes. For purpose of the foregoing “immediate family” means parents, spouses, children, siblings or any members of the same households of such employees and directors. This Sweepstakes is void all other U.S. territories and possessions, and where prohibited by law.
3) Entering the Sweepstakes. To register for the Sweepstakes and be entered into the drawing, users need to leave a comment on the following URL (https://attackofthefanboy.com/news/xbox-one-giveaway/), provide their name and valid email address; and agree to these Official Rules. Alternatively, users can register for the Sweepstakes and be entered into the drawing by retweeting the message located in the above URL.
4) Entry Limits. There is a limit of two (2) Entries per Participant for the duration of the Sweepstakes; one (1) regular entry (via comment) and one (1) Entry via Twitter (via sharing). Entries in excess of the limits herein will not be entered and/or counted for the drawing.
5) Promotion Period. The Sweepstakes begins at 12:01 AM CT on 12/2/14 and ends at 11:59 PM PT on 8/17/14 (the “Promotion Period”). All decisions regarding, this Sweepstakes will be made by a Modern Media Group LLC representative, whose decisions are final and binding on matters relating to this Sweepstakes.
6) Grand Prize (the “Prize”): The Sweepstakes will award the winner (“Winner”) one (1) Prize that consists of one (1) Xbox One Assassin’s Creed Bundle.
7) Prize Taxes. All federal, state, local and other tax liabilities arising from this Sweepstakes, including, without limitation, winning the Prize, will be the sole responsibility of the Winner.
8) Odds/Drawing/Winner Notification. Odds of winning the Prize depends on the number of eligible entries received during the Promotion Period. The random Prize drawing will take place on or about December 30th, 2014. The Prize drawing will be conducted at random by Administrator, whose decisions are final and binding in all respects. Any potential Winner who is a resident of Canada will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question administered online or offline in order to be declared a Winner. Potential Prize Winner will be contacted via an internal messaging system, by email or by mail. If the potential Winner cannot be reached after a reasonable effort has been made during three (3) business days from the first notification attempt, such person may be disqualified, with an alternate Winner selected in accordance with these Official Rules. Administrator will select up to two (2) alternate Winners. If no contact has been made with the alternate after a reasonable effort has been made during three (3) business days from the first notification attempt), the Prize shall not be awarded. Unclaimed Prize will not be awarded.
9) Prize Restrictions. All other expenses relating to acceptance of winning the Prize that are not explicitly stated herein, including but not limited to taxes are the responsibility of the Winner. Specifics of Prize are subject to availability and at Sponsor’s sole discretion. No assignment, transfer, conversion to cash or cash redemption or substitution of the Prize is permitted, except Administrator reserves the right to substitute the Prize with a prize of comparable or greater value should the Prize become unavailable. Prize is solely for personal use and may not be used in conjunction with any other promotion. All Prize details are at the sole discretion of the Sweepstakes Entities.
10) Internet. If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry and/or participating process, and to cancel, terminate, modify or suspend the Sweepstakes. Should any part of this Sweepstakes be terminated, Sponsor reserves the right to select the Winner from among all eligible, non-suspect registrations received from the all eligible Participants as of the action requiring such termination. Sweepstakes Entities are not responsible for any problems or technical malfunction of any telephone network (wired or wireless) or telephone lines, wireless device, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Participant’s or any other person’s computer and/or wireless device relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes or for any other printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the announcement the Prize, the Winner, human or typographical errors or in any Sweepstakes- related materials.
11) Improper Conduct. Sponsor, and/or any other relevant party (e.g. Administrator) in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award the Prize, if entrant engages in any conduct Sponsor deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant’s personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Sweepstakes. Entrants agree that Sponsor and/or Administrator may void any part of the Prize that entrant may have won and/or require the return of any part of the Prize that entrant may have won as a result of such improper conduct. Winner further acknowledges that any forfeiture of the Prize and/or return of the Prize shall in no way prevent Sponsor from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
12) Integrity of Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor and/or Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor and or Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and conduct a random drawing of all the Participants in entered prior to the action taken or in such other manner as Sponsor and/or Administrator may deem fair and appropriate.
15) Lost or Corrupted Sweepstakes Registration. Sweepstakes Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible registration or postage due mail, if applicable; or for any computer, wireless device, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Sweepstakes Entities are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Sweepstakes, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes.
16) Damaged Property. Sweepstakes Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person’s computer or property related to or resulting from participating in this Sweepstakes or downloading materials from this Sweepstakes.
17) Sweepstakes Errors. Sweepstakes Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Sponsor and/or Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Sweepstakes.
18) Prize and Prize Winner. Sweepstakes Entities assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of the prize winner, the distribution of the prize, the acceptance/possession and/or use/misuse of any part of the Prize and/or any injury or damage to any entrant’s or third person’s property related to or resulting from any part of the Prize or any part of this Sweepstakes.
19) Release and Indemnity. Each entrant in this Sweepstakes, including, without limitation, the Winner, hereby releases and agrees to hold harmless the Sweepstakes Entities from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes. Sweepstakes Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents assume no responsibility for incorrect or inaccurate registration information, human error or technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures unauthorized access of any computer/telephone/wireless telephone equipment or software, or any combination thereof. Sweepstakes registrations become the property of the Sponsor. Participants who submit inaccurate registration data and/or exceed the registration limits may be excluded from participation at any time during or after the Sweepstakes. By registering, Participants agree to be bound by these Official Rules and consent to Sponsor’s and its designees’ use of their names &/or photographs for advertising or publicity purposes in any and all media now or hereafter known throughout the world, in perpetuity, without further consideration, notification or permission, except where prohibited by law.
20) Limitation of Liability. IN NO EVENT WILL THE SWEEPSTAKES 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 SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES. 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.
21) Disclaimer of Warranties. THE SWEEPSTAKES AND PRIZE 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 NON-INFRINGEMENT.
22) Identity Disputes. 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 e-mail address submitted at time of Sweepstakes registration. For purposes of these Official Rules, “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted e-mail address.
23) Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or this Sweepstakes 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 the State of Louisiana in the City of New Orleans and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
24) Governing Law and Jurisdiction. This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Louisiana, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Arbitration section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Louisiana, in the City of New Orleans.