OFFICIAL RULES OF THE BE A BUYER FOR DKNY CONTEST
No purchase is necessary to enter or win this contest. A purchase will not improve your chances of winning.
1. SPONSOR
The Contest is sponsored by Funcom SARL a corporation with its head office at Keplerstraat 34, Badhoevedorp 1171 CD The Netherlands and website at www.funcom.com (the “Sponsor”).
2. ELIGIBILITY
Legal residents of Canada or legal residents of the United States who have reached the age of majority in their province, territory or state of residence at the time of entry may enter the Be A Buyer for DKNY Contest (the “Contest”), except employees, directors, officers, representatives and agents of Funcom SARLS and its affiliates (including Funcom Games Canada Inc. and Funcom USA) and their advertising and promotional agencies and the immediate family of such employees, directors, officers, representatives and agents and persons with whom such employees, directors, officers, representatives and agents are domiciled. “Immediate family” is defined as parents, siblings, children or spouse.
AGREEMENT TO OFFICIAL RULES
Participation in the Contest constitutes an 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 in the Official Rules. Void where prohibited by law.
3. ENTRY PERIOD
The Contest entry period begins at 12:00 pm, EST on July 9, 2012 and closes at 11:59 pm, EST on July 20, 2012 (the “Entry Period”). Entries which occur outside the Entry Period will be disqualified. Only entries received during the Entry Period and which are otherwise fully compliant with these Official Rules are valid entries (“Valid Entries”).
4. HOW TO ENTER
Browse DKNY.com and choose a DKNY item from the DKNY’s women’s summer clothing line you want to see in Fashion Week Live. On the DKNY.COM website, take a picture or print screen of a DKNY’s women’s summer clothing line and post such picture or print screen onto our Facebook fan page at http://www.facebook.com/fwlgame. Your posting may be chosen as one of the exclusive new items that will be created for our online shop.
If the DKNY PR Girl chooses your item (see 6 – “Draw” below) you will receive the virtual item free in your Funcom’s virtual wardrobe. Other players will have the opportunity to purchase the item from the shop. Players must post their snapshot on the Facebook fan page and will be automatically entered into the contest when doing so.
No purchase necessary to enter. Entries are limited to one per eligible entrant (regardless of method of entry) and no more than one online entry may be registered from any one Facebook user profile. In the event of a dispute, all entries will be deemed to have been submitted by the authorized user associated with such user profile] from which they were sent.
The authorized user of a Facebook user profile is defined as the natural person who is assigned to the user profile by Facebook.
All entries become the exclusive property of the Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
5. PRIZES
There are 3 prizes to be won, each consisting of a new exclusive virtual DKNY wardrobe item (approximate retail value CA$3 to CA$6) awarded to each winner’s online gaming user profile with Funcom SARL. or one of its affiliates. Any costs or expenses, including taxes, incurred by the winners in claiming or using their prizes will be the responsibility of the winners. Prizes must be accepted as awarded: no substitutes or exchanges (including for cash) are available. The Sponsor reserves the right to substitute a prize of equal or greater value if a stated prize becomes unavailable for reasons not related to the winner. All prizes are awarded “as is” and without warranty of any kind, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
6. DRAW
A random draw will be held on July 27, 2012 from all Valid Entries received for the prizes. The final prize draw will be held on August 10, 2012 from all Valid Entries received. Chances of winning any prize will depend upon the number of Valid Entries received.
REQUIREMENTS OF POTENTIAL WINNERS
The potential winners will be notified by e-mail of the procedure to follow to claim his or her prize and must follow the procedure provided therein within 10 days of the date on the email notification. Failure to respond within this stated time limit or to comply with any other provision herein, may result in the prize winner being disqualified and an alternate prize winner may or may not be selected at Sponsor’s sole discretion from among Valid Entries. If a prize notification or prize is returned as undeliverable or is unable to be completed for any reason, the prize may, at Sponsor’s sole discretion, be awarded to an alternate in a subsequent random drawing.
In order to win, the selected entrant must correctly answer, unaided, an arithmetical, time-limited, skill testing question.
7. RELEASE
Winners will be required to sign a release form confirming acceptance of the prize as awarded and releasing the Sponsor and its affiliates from any liability relating to their prize.
8. PRIVACY AND PUBLICITY
By entering this Contest, entrants consent (except where prohibited) to the use of their names and/or photographs for publicity purposes without compensation, worldwide in perpetuity and in any form of media including the Internet. Any information collected by entering the Contest will be used only in a manner consistent with these Official Rules and with the Sponsor’s privacy policy available at
http://fwl-update.funcom.com/fwl/live/29/legal/FWL_PrivacyPolicyJan2012Final.pdf.
9. GENERAL CONDITIONS
In the event that the operation, security, or administration of the Contest 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 (and where applicable, with the consent of the Régie des alcools, des courses et des jeux in Québec), either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the Valid Entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest, or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of Criminal or 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 term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any entry, the authorized and registered broker name will be deemed the participant. The Contest is subject to federal, provincial, state and local laws and regulations and is void where prohibited.
10. RELEASE AND LIMITATIONS OF LIABILITY
Except where prohibited, in case of death or personal injury caused by the negligence of the Sponsor, or in cases of breach by the Sponsor of any of its obligations under these Official Rules, by participating in the Contest, the entrant agrees not to make any claim against the Sponsor, its affiliates, and their respective officers, directors, employees, and agents (the “Released Parties”) relating to the entrant’s participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone/network lines; (c) printing errors; (d) lost, late postage-due Contest entry documentation; misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, by the entrant’s participation in the Contest or receipt or use of the prize. The entrant further agrees to compensate any of the Released Parties if they incur or suffer any loss, damage, or other liability as a result of the entrant’s negligence or breach of these Official Rules. And the entrant agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for legal fees. The entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
11. DISPUTES
Except where prohibited, the entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Montreal, Quebec, Canada. 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 Contest, shall be governed by, and construed in accordance with, the laws applicable in the Province of Québec , without giving effect to any choice of law or conflict of law rules (whether Québec or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Québec.
Québec residents: Any litigation respecting the conduct or organization of a publicity contest in Québec 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.
12. CONTEST RESULTS & OFFICIAL RULES
To request a list of winner(s) (available after October 1, 2012) or a copy of these Official Rules, send your request in a self-addressed stamped envelope (residents of Vermont only may omit return postage) to the Sponsor. Official Rules are also available during the Entry Period at http://www.fashionweeklive.com/contests.
13. APPLICATION OF OFFICIAL RULES
In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules, and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
14. COPYRIGHT NOTICE
The Contest and all accompanying materials are copyright © 2012 [Funcom SARL.]. All rights reserved.