LOOT CRATE HARD ROCK HOTEL RIVIERA MAYA CONTEST
OFFICIAL CONTEST RULES
SPONSOR. The Loot Crate Trivia (the “Contest”) is sponsored by Loot Crate, Inc. (“Sponsor”), 3401 Pasadena Avenue, Los Angeles, CA 90031, and all Prizes are contributed by Loot Crate.
ELIGIBILITY. NO PURCHASE IS NECESSARY TO ENTER OR WIN AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Contest is open only to permanent legal residents of the United States and the District of Columbia (excluding Rhode Island) who are at least eighteen (18) years of age or older at the time of entry. Officers, directors, agents and employees of Sponsor, and their respective parents, subsidiaries, affiliates and/or advertising and promotion agencies, and any other entity involved in the development or administration of this Contest, and members of the immediate families (spouses, parents, children and siblings, and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to enter or win the Contest. All applicable federal, state and local laws and regulations apply. Sponsor, its subsidiaries, affiliates, and agents reserve the right at any time to verify that any and all participants/Contests and meet the eligibility requirements in any manner deemed appropriate. VOID WHERE PROHIBITED BY LAW.
By entering this Contest, you acknowledge that you either own all right, title and interest in and to any protectable content (including, but not limited to, copyrighted material or proprietary information) contained in your entry, or, if your entry contains content that would infringe any rights owned by a third party, that you have secured the right to use content and to license the same to Sponsor under the terms set forth herein. You further acknowledge that each entry design is: (a) wholly original and not based on any pre-existing design; (b) does not incorporate or include any material or content that would require the consent of a third party; and (c) does not violate any copyright, trademark, publicity, privacy, or any other right of any third party. All entries will become the sole property of Sponsor and may be displayed publicly on the Sponsor’s website. Each Prize Winner hereby agrees to transfer and by entering, does transfer, all right and title to his/her entry to Sponsor in accordance with these Official Rules of this Contest. You Agree to indemnify and hold Sponsor, its affiliated entities, Spectacle, and their respective employees, officers, directors, owners, agents, licensees and assigns harmless from any and all liability arising if, through oversight, negligence or willful misconduct, your entry contains material that violates any third party’s rights.
CONTEST ENTRY PERIOD.
This Contest begins at 11:00:00 a.m. Pacific Time on April 10, 2019, and ends at 11:59:59 p.m. Pacific Time on May 22, 2019 (the “Contest Entry Period”).
HOW TO ENTER.
To enter the contest, you must register with a valid email address on https://Spectacle.live/lootcrate and play the Loot Crate Trivia game(s). By correctly answering questions and answer quickly, points will be awarded during each game within the contest period. The scores for each game will be compiled on a leaderboard during the game’s duration. Each game can only be played once. Sponsor reserves the right to remove any entries for any reason.
WEEKLY PRIZE WINNER SELECTION AND NOTIFICATION.
Only eligible players participating in a game during the contest can win. Winners will be based on the final leaderboard for each game during the contest period. The leaderboard will be based on points collected for answering questions correctly, answering questions quickly and sharing scores on social media and email. The winners are the top five (5) scores for each game at the end of the game’s duration. Sponsor will make at least one (1) attempt(s) to notify each potential winner (or in the case of a minor, his or her parent or legal guardian) via the email address submitted at the time of entry. Each potential winner (or in the case of a minor, his or her parent or legal guardian) must respond to Sponsor’s email notification to claim his/her prize within seven (7) days after the date the email was sent. Failure to timely respond within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries. Each potential winner (or in the case of a minor, his or her parent or legal guardian) will be required to execute and return an affidavit of eligibility, a contract assigning all ownership of his/her design submission to Sponsor, release of liability, an IRS W-9 form in the event the prize value exceeds $600 per year, and, except where prohibited, publicity release (collectively, “Contest Documents”) within thirty (30) days after accepting the prize. Noncompliance within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries. Sponsor reserves the right not to select a winner if, in its sole discretion, no suitable entries are received. Sponsor reserves the right to disqualify any entrance or entry at its sole discretion. If a potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and, time permitting, an alternate potential winner may be selected from the remaining eligible entries received. Odds of winning depend upon the total number of eligible entries received. Once all required Contest Documents have been correctly completed and received from a potential winner (or in the case of a minor, his or her legal guardian), per these Official Rules, the potential winner shall be an official "Prize Winner" of the Contest. Prizes Are not transferable, assignable, or redeemable for cash. No substitution for a prize (or parts thereof) by a Prize Winner will be allowed. If necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of Sponsor. All federal, state and local tax liabilities related to the value of the prize awarded are the responsibility of the PrizeWinners. By entering this Contest, you agree to be bound by these Official Rules and the decisions of the judges and Sponsor, which shall be binding and final in all respects.
WEEKLY PRIZES.(collectively, the “Prizes”).
Weekly prizes will be tiered based on the number of players during each game during the Contest period. There will be a total of five (5) Weekly Prize Winners selected for each game. The tiers will be based on the following:
Tier 1, # of players 1-50, Prizes $10 Vault (5 Winners), Value $10 each Tier 2, # of players 51-100, Prizes $15 Vault (5 Winners), Value $15 each Tier 3, # of players 101-500, Prizes Free Crate (5 Winners), Value Up to $20 value each Tier 4, # of players 501-1000, Prizes Free Partner Crate (5 Winners), Value Up to $42 value each Tier 5, # of players 1001-2000, Prizes Free 3 Months (5 Winners), Value Up to $68.85 value each Tier 6, # of players 2001-5000, Prizes Free year of Loot Crate (5 Winners), Value Up to $251 value each Tier 7, # of players 5001+, Prizes Free year of Loot Crate DX (5 Winners), Value Up to $612 value each
Prizes Received cannot be exchanged for cash, and prizes cannot be used in conjunction with any other promotion. No substitution or transfer of prizes is permitted except as provided herein. Only one winner per household. Any winners of tiers 5, 6, and 7 are not eligible to claim additional prizes of those tiers until their first prize is completely fulfilled. If a winner is ineligible to claim a prize due to this, the prize will be awarded to the next position in the leaderboard. Loot Crate reserves the right to disqualify any user found to play with multiple entries and accounts. Once the game’s contest period is over, the game will be made available for play at any time but the leaderboard will not count for prizes. In this mode, the gameplay will be for fun with no prizes awarded to anyone new playing.
All entries become the property of Sponsor and will not be acknowledged or returned. Registration constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image,photograph, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval. By entering the Contest, each entrant agrees for entrant and forentrant's heirs, executors, and administrators: (a) to release and hold harmless Sponsor, all prize providers, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and any other person or entity involved in the development or administration of the Contest, and each of their respective directors, officers, employees and assigns(collectively, “Released Parties”) from any liability, illness, injury, death,loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Contests And/or his/her acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee,express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by prize suppliers that are sent along with any prize; (c) if selected as a winner, to the posting of such entrant's name on Facebook , Twitter and/or www.lootcrate.com, and the use by Released Parties of such name, and entrant's voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein orin the Contest itself, and to be bound by all decisions of Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest.
CONTEST GRAND PRIZE RAFFLE.
For the contest period, Loot Crate’s Main Sponsor is providing:
4 nights at Hard Rock Hotel Riviera Maya, Mexico for a family of four 4 flights capped at $500 each Approximate retail value of prize package is $4,212.00Each contest game played during the contest period will qualify for one entry into the grand prize raffle. A max of seven entries will be considered for the raffle. Loot Crate will randomly pick a winner from all qualified entries by May 21st, 2019. Approximate Retail Value ('ARV') of the Prize package is $4212.00 (four thousand two hundred and twelve dollars) Actual value may vary based room rate fluctuations. Winner will not receive the difference between actual and ARV. Odds of winning the Contest depend upon the number of eligible entries received during the Promotion Period. Winner will be provided an official prize certificate that is good for one year. Vacation must be booked at least twenty-one (21) days prior to arrival at the resort and no more than 90 days in advance. Vacation subject to availability and blackout dates. No refund or compensation will be made in the event of the cancellation or delay of any travel arrangements. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, air transportation, ground transportation, incidentals, passenger tariffs or duties, surcharges, airport fees, security fees, taxes or other expenses are the responsibility solely of winner. Winner's travel companion must be at least eighteen (18) years of age or older as of the date of departure. If the winner's travel companion is under eighteen (18) years of age, the winner must be the travel companion's parent/legal guardian. Travel companion must travel on the same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions, and limitations may apply. Winner and travel companion are solely responsible for obtaining valid passports and any other documents necessary for international travel. Winner and travel companion are solely responsible for their own conduct while accepting the prize and agree to comply with all applicable laws and regulations pertaining to use and enjoyment of the prize, including, but not limited to, consumption of alcoholic beverages. No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Main Sponsor's sole discretion. Main Sponsor reserves the right to substitute the Prize for one of equal or greater value if the Prize should become unavailable for any reason. The winner is responsible for all taxes and fees associated with Prize receipt and/or use. Once the winner is notified, the Main Sponsor will provide all the details required to claim and redeem the grand prize.
Sponsor reserves the right to permanently disqualify any person believes has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake,terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (accepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; traffic congestion; or for entries that are stolen, misdirected,garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner or winners, in its sole discretion, in a random drawing(s) from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at www.lootcrate.com.Sponsor may prohibit any entrant or potential entrant from participating in the Contest if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass another entrant, Sponsor, or Sponsor's agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion). Spectacle, the game service provider, is not responsible for any prizes and issues with any gameplay, or game player misconduct.
DISPUTES. THE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE "ARBITRATION AGREEMENT AND CLASS ACTION WAIVER" SECTION SET FORTH IN THE SPONSOR'S "TERMS OF SERVICE" located at https://www.lootcrate.com/terms-conditions.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
Purpose: This Arbitration Agreement Facilitates the prompt and efficient resolution of any disputes that may arise between you and Loot Crate. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such disputes) decided in a lawsuit, in court, by a judge or jury trial. Please read this Arbitration Agreement carefully. It provides that all disputes between you and Loot Crate Shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others(including, but not limited to, class actions). Except as otherwise provided, entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees if otherwise authorized by applicable law). For the purpose of this Arbitration Agreement, “Loot Crate” means Loot Crate and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Loot Crate regarding any aspect of your relationship with Loot Crate, whether based in contract, statute, regulation,ordinance, tort (including, but not limited to, fraud, misrepresentation,fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY INEXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Pre-Arbitration Dispute Resolution: For all Disputes, whether pursued in court or arbitration, you must first give Loot Crate an opportunity to resolve the Dispute. You must commence this process by filing written notification to Loot Crate, Inc., 3401 Pasadena Avenue, Los Angeles, California 90031. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If LootCrate does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below. Arbitration Procedures: If this Arbitration Agreement Applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Loot Crate may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, orJAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAa Commercial Arbitration Rules will apply. In either instance, the AAA Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Caseswill apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration. Because your contract with LootCrate, the Terms of Service, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration: You may initiate arbitration in either Los Angeles, CA, or in the federal judicial district that includes the address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that Loot Crate initiates an arbitration, it may only do so in the federal judicial district that includes the address that you provide in your written notification of Pre-Arbitration Dispute Resolution.
Payment of Arbitration Fees and Costs: Loot Crate will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Loot Crate as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Loot Crate your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Loot Crate specifically agree to do so following initiation of the arbitration. Neither you, nor any other Member of Loot Crate and/or user of Loot Crate services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Loot Crate are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Loot Crate Might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, you give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator's decision is much more limited than in court, and in general, an arbitrator's decision may not be appealed for errors of fact or law.
Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
Small Claims Court: As an alternative to arbitration, you may bring a claim against Loot Crate in a small claims court of competent jurisdiction. Such a claim may be brought in your name only, and not as a class action, representative action, consolidated action or private attorney general action. No small claims court or other courts shall have the right to consolidate multiple parties’ claims or award relief to any person who is not a direct party to such small claims court proceeding.
Continuation: This Arbitration Agreement shall survive the termination of your contract with Loot Crate and your use of LootCrate services.
WINNERS LIST/OFFICIAL RULES.
After confirmations of winners and prizes have been claimed, Prize Winners will be announced on Sponsor’s social media channels and/or online on Sponsor's official website located at www.lootcrate.com.