MY TALKING HANK: ISLANDS GIVEAWAY OFFICIAL RULES
These rules ("Official Rules") govern the process of participation in a giveaway for the promotion of My Talking Hank: Islands mobile game ("Sweepstakes") which is administered by Outfit7 Limited, a company organized under the laws of United Kingdom, with a registered office at 1st Floor Sackville House, 143-149 Fenchurch Street, EC3M 6BN London, United Kingdom and with business address at this date at Christaki Kranou 20, 2nd Floor, 4041 Limassol, Cyprus ("Sponsor").
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH YOUTUBE (GOOGLE), INSTAGRAM, FACEBOOK or TIKTOK (together as "Social Media" and each as "Social Media Platform"), WHERE SUCH SWEEPSTAKES MAY BE ADVERTISED. YOU UNDERSTAND THAT BY USING AND INTERACTING WITH THE SOCIAL MEDIA, YOU ARE SUBJECT TO THE TERMS, CONDITIONS, AND POLICIES THAT GOVERN THE USE OF THAT SOCIAL MEDIA. YOU SHOULD THEREFORE REVIEW THE APPLICABLE TERMS AND POLICIES FOR THE SOCIAL MEDIA, INCLUDING PRIVACY AND DATA COLLECTING PRACTICES, BEFORE USING OR INTERACTING WITH THESE SITES.
PLEASE READ THESE OFFICIAL RULES BEFORE ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES. BY SUBMITTING AN ENTRY YOU ("You" OR "Entrant") AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, INCLUDING THE ELIGIBILITY REQUIREMENTS, GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AS WELL AS THE DECISIONS OF SPONSOR, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
1. PROMOTION PERIOD:
The Sweepstakes begins at the later of either 09:00 AM EDT, or the Social Media Post publication on each particular Social Media Platform (if later than 09:00 AM EDT) on July 4th, 2024 and ends at 16:59:59 PM EDT on August 3th, 2024 ("Promotion Period"). All entries must be received by 16:59:59 PM EDT on August 3th, 2024. Time keeping device of the Sponsor is the official clock of the Sweepstakes.
For the avoidance of doubt, the "Social Media Post" shall mean a short content or message on Social Media, which includes all the relevant information on the Sweepstakes and the link to these Official Rules and marks the start of the Sweepstakes.
2. ELIGIBILITY:
The Sweepstakes is open to natural persons who are (at the time of entry) (i) at least 18 years old Residents of the following jurisdictions are eligible to enter the Sweepstakes:Argentina, Australia (excluding SA, ACT, NT), Canada, Chile, Czech Republic, Finland, France, Germany, India, Ireland, Japan, Mexico, Netherlands, Norway, New Zealand, Sweden, Slovenia, United Kingdom and the United States (including D.C.; but excluding NY and FL) ("Territory"). Employees of the Sponsor and their respective parent companies; affiliates; subsidiaries; advertising, promotion, fulfillment or other coordinating agencies; individuals providing services to the Sponsor as contractor's or contractor personnel during the Promotion Period; and their respective immediate family members and persons living in their same household are not eligible to participate in the Sweepstakes.
VOID WHERE PROHIBITED. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations, and is void if prohibited by law.
Sponsor, its respective parent company, subsidiaries and affiliates, and each of their respective employees, officers, members, directors and shareholders will be collectively referred to as the "Sponsor Entities".
3. PARTICIPATION:
By participating in the Sweepstakes, Entrants agree fully and unconditionally to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Eligibility to win a Reward is contingent upon complying with and fulfilling all requirements set forth herein.
By participating in the Sweepstakes, You (a) acknowledge compliance with these Official Rules; (b) represent and warrant that You meet all the eligibility criteria set forth in these Official Rules; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations.
4. HOW TO ENTER:
PLEASE NOTE that participation in the Sweepstakes requires access to the internet and one valid Social Media Platform account, and the Entrant must comply with all terms and conditions of Social Media registration and participation. Registration on Social Media is subject to Social Media terms and conditions. A Social Media Platform account is not controlled by and cannot be controlled or guaranteed by Sponsor.
To enter the Sweepstakes, complete the following steps during the Promotion Period:
- Log in to your Social Media Platform account;
- Locate the applicable Social Media Post on the Sponsor's Social Media Platform.
- "Like" the Social Media Post;
- In the "comment" section of Social Media, post one (1) comment and tag (mention) two (2) friends ("like" and "commenting" shall be together referred to as "Entry" or "Comment").
- When posting a Comment you must enter/name at least one island animal from My Talking Hank: Islands mobile game.
Comment Guidelines. To qualify for the Sweepstakes, any Comments must comply with the following guidelines: comments must (a) comply with any applicable Social Media's requirements, terms of use rules or guidelines; (b) must not contain material that violates, misappropriates, or infringes upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights; (c) must not disparage any person or entity; (d) must not contain material that is inappropriate, indecent, obscene, hateful, tortious, and/or defamatory; (e) must not contain profanity, sexual content, material promoting alcohol, tobacco, illegal drugs or firearms, or material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and (f) must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the comment is created. Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any Comment for any reason. Comments including any personally identifiable information, except for Social Media account handle or username will not be accepted.
By submitting your Entry, you represent and warrant that your Entry conforms to the guidelines and content restrictions (collectively, the "Comment Guidelines") set forth above and that Sponsor, in its sole discretion, may remove your Entry and disqualify you from the Sweepstakes if it believes, in its sole discretion, that your Entry fails to conform to the Comment Guidelines determined above.
5. ENTRY LIMITATIONS:
Each Entrant may submit one Entry on each of the Social Media Platforms. For the avoidance of doubt, to be eligible to participate in the Sweepstakes, you do not need to submit an Entry on more than one Social Media Platform.
Australia (excluding ACT, NT, SA): Entrants may only submit one Entry on TikTok Social Media Platform and may participate in the Sweepstakes on TikTok only, whereby for the avoidance of doubt any Entries on Instagram and Facebook will not be accepted or eligible by Entrants from Australia.
Entry time to the Sweepstakes will be determined as received according to Sponsor's time clock.
No entries will be accepted except by the means outlined above.The use of scripts or any automated system to enter is strictly prohibited. Sponsor, in its sole discretion, reserves the right to disqualify any person who tampers with the entry process or the operation of Sponsor's Social Media webpages or other websites, or who otherwise violates these Official Rules. For the avoidance of doubt, Sponsor will not provide Entrant with confirmation of Entry.
Once submitted, you are free to delete, modify, or cancel your Entry, however only Entries that are still active after the Promotion Period ends, are eligible to be included in the draw by Sponsor as determined in Section 7. The Sponsor is not responsible for lost, misplaced, illegible, mutilated, incomplete, incorrect or undelivered entries, and such entries will be deemed invalid. Entries become the property of the Sponsor and will not be returned.
6. ODDS OF WINNING:
Odds of winning depend on the number of eligible Entries received per Social Media Platform and the number of social media platforms an individual submitted an entry to.
Each Social Media Platform will have its separate drawing. LIMIT ONE ENTRY PER PLATFORM PER PERSON. ADDITIONAL ENTRIES SUBMITTED IN EXCESS OF THIS LIMITATION BY THE SAME PERSON WILL BE DISQUALIFIED.
Due to the limit of one Reward per person, we define the probability of winning, as at least one of the three events occurring, i.e. winning on one of the three Social Media Platforms.
P – probability of winning the reward: divided chances of winning by the total number of chances available.
P (Instagram or Facebook or Tiktok) = P (Instagram) + P (Facebook) + P (Tiktok) – P of events happening simultaneously
P (Instagram) = number of prizes / number of entries = 4 / number of entries
P (Facebook) = number of prizes / number of entries = 3 / number of entries
P (Tiktok) = number of prizes / number of entries = 3 / number of entries.
Notwithstanding the above, if an Entrant is selected as a potential winner on multiple Social Media Platforms, that Entrant can receive only one Reward; for example, if you are selected on TikTok and on Instagram as the potential winner, you will be eligible to receive only one Reward, either based on the Instagram drawing, or based on the TikTok drawing. Sponsor reserves the right to decide which Entry of the multiple wins will be chosen to be Rewarded.
7. WINNER SELECTION/DRAWING:
Potential winners will be determined by a random drawing, administered by Sponsor with the Comment Picker tool. Drawing will take place approximately within 3 working days after the Promotion Period ends, from all eligible Entries received per Social Media Platform. Sponsor will conduct 3 (three) separate random drawings for each of the Social Media Platforms.
After the potential winners have been selected by the random drawing, the Sponsor shall attempt to contact the potential winners for verification and Reward acceptance. By submitting an Entry, you agree that Sponsor or its designees may contact you and send you a winner notification viadirect and private messaging options on the Social Media Platform, and potential winners will be required to claim the Reward by providing relevant verification data and contact data to Sponsor within 72 hours from receiving the winner notification, or risk forfeiting their Reward. Winning a Reward is contingent upon fulfilling all requirements, as set forth herein. Sponsor reserves the right to verify eligibility of potential winners.
For the eventuality that any of the potential winners is found ineligible, forfeits, does not claim a Reward or actively rejects the receipt of Reward, in which case the Reward shall be considered forfeited, the Sponsor will conduct one or more additional random drawings by including all remaining Entries, but excluding the potential winners that have claimed the Reward and have been found eligible, whereby for each drawing the same process for winner selection and notification applies as determined herein.
8. PRIZE FULFILLMENT AND WINNER ACCEPTANCE NOTIFICATION:
To claim a Reward, a potential winner must fill out and sign all and any contracts, statements as well as any other documents attached to the Winner Acceptance Notification , including but not limited to (i) Reward Winner affidavit verifying the identity, eligibility and acceptance of Official Rules and (ii) agreement detailing the grant of rights and licenses consistent with the Official Rules, limitation of liability and liability release, publicity release and award of Reward (collectively the "Documents"). The Documents must be completed with all missing potential winner information, including but not limited to full name and last name, address, bank account and other necessary banking and financial information required for the remittance of the Reward.
Potential winners in Canada and Mexico will be required to correctly answer a time-limited skill-testing question without mechanical or other aid.
If the potential winner does not provide all Documents as required by Sponsor within 7 days from the date when the Winner Acceptance Notification was first sent by Sponsor; or Entrants in Canada and Mexico, do not correctly answer the skill-testing question, in which case the potential winner will be deemed ineligible; or winer notification is returned as undeliverable; or the potential winner rejects the receipt of Reward, the Reward shall be considered forfeited and the Sponsor will make reasonable efforts to award the unclaimed Rewards to the potential winners as selected by an alternate drawing, time and circumstances permitting. Sponsor has no responsibility to anyone who has not responded.
9. REWARDS(S):
- Reward pool: 10 (ten)x 2.000,00 (two thousand) USD (each as "Reward"), with 4 (four) Rewards awarded to Entries on TikTok and 3 (three) Entries on Instagram and Facebook each.
A reasonable effort from Sponsor will be made to award all Rewards. A reasonable number of alternate drawings will be held, to award the unclaimed remaining Rewards.
Important: Each potential winner can only receive one Reward, regardless if they were selected as potential winner in the drawing on one or more Social Media Platforms. For the avoidance of doubt, by accepting the Reward based on the drawing on one Social Media Platform, the potential winner forfeits the Reward for selection on the other Social Media Platforms. LIMIT ONE (1) REWARD PER PERSON.
All payments of the Reward shall be made in USD. If any currency conversions are required in order to remit the Reward to the potential winners, the currency conversions shall be made by utilizing the exchange rate in effect on the due date for any such payment at the EU Central Bank mid-market exchange rate on the date of payment of the Reward. The cost of conversion of USD to any local currency shall be the sole expense of the party remitting payment, specifically Sponsor. Any cost of conversion built into a bank’s exchange rate must be accounted for with a corresponding increase in the amount being converted so that all the costs of conversion of all currencies, as well as wire transfers or other bank fees, shall be the sole expense of Sponsor, so that potential winners shall receive the full amount of payments without reduction.
10. RIGHTS GRANTED/LICENSE:
By posting a Comment under the post or video announcing the sweepstakes, you hereby grant to Sponsor and its related companies, agents, licensees, contractors, successors, assigns, and other affiliates ("Licensees") a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your Comment. We may use your Comment in any manner to be determined by Sponsor, including but not limited to, for any business purpose on our websites and social media pages, and in any and all marketing, promotional and advertising initiatives, and in any media now or hereafter known.
You agree that Sponsor and Licensees may use, display, publicly perform, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit, publish, make publicly accessible and display the Comments in any manner in their sole discretion, with no obligation to you whatsoever.
Each Winner grants to Sponsor and Licensees the right to announce (publicize) on the Social Media such winner's username, which may include personal information, in connection with the sweepstakes in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law. Any announcement of winners, which will be in Sponsor's sole discretion, will be made in 10 days after the end of the Sweepstakes. For the avoidance of doubt the end of the Sweepstakes shall be the date when the last winner has claimed the Reward.
Sponsor has no obligation to use your Comments and may do so at its own discretion.
11. TAXES:
All federal, state, provincial, and local taxes and other tax liabilities (including income taxes), if any, and other incidental costs or expenses not identified in these rules are the sole responsibilities of the winners.
12. INDEMNIFICATION/LIMITED LIABILITY:
To the fullest extent allowable by law, you agree that Sponsor Entities, Social Media and their respective parent entities, subsidiaries and affiliated companies, advertising and promotion agencies, any companies who are promotional participants or Reward providers, and all of their respective officers, directors, shareholders, employees, representatives and agents (collectively, "Released Parties"), will have no liability whatsoever for, and you shall release, indemnify and hold harmless any Released Party against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly (i) for submitting any Entry, (ii) for participating in this Sweepstakes, (iii) from acceptance, possession, misuse or use of any Reward or for (iv) any other Sweepstakes related activity, (v) a privacy violation that may arise out of your participation in the Sweepstakes, for (vi) your breach or alleged breach of any of the warranties, requirements, or terms of these Official Rules, or (vii) from any action and/or liability, in any form or manner, arising from any infringement of any third party's rights, publicity rights or defamation unless otherwise determined in these Official Rules. Released Parties shall not be liable for any printing, production, technical, typographical, human or other error in the printing, offering or announcement of any Reward by Released Parties, or for any late, lost, delayed, misdirected, incomplete, unreadable, inaccurate, unintelligible Entries and computer, network or other technical errors or malfunctions.
Some of the above limitations or exclusions of liability may not apply, where jurisdictions do not allow the limitations or exclusions of liability for intent or gross negligence or for incidental, indirect, or consequential damages or exclusion of implied warranties. Any additional liability of the Released Parties in such jurisdictions is excluded.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY REWARD CANNOT BE AWARDED DUE TO INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, TERRORISM, OR ACTUAL OR THREATENED PUBLIC HEALTH CRISES (INCLUDING, WITHOUT LIMITATION, PANDEMICS AND EPIDEMICS AND ANY GOVERNMENT SHUTDOWNS OR RESTRICTIONS RELATED THERETO).
13. PRIVACY:
The collection, use, and disclosure of your information (including personal information) is governed by Outfit7's Privacy Policy for Websites, currently located online at https://talkingtomandfriends.com/privacy-web/en ("Privacy Policy"), which is incorporated in these Official Rules by this reference.
We will use any personal data we receive in connection with these Sweepstakes or any personal information publicly posted through Comments by Entrant in accordance with these Official Rules and in accordance with our Privacy Policy, including for public announcement of winners.
If You do not agree to the collection, use and disclosure of Your personal information in this way, please do not provide us with personal information or enter this Sweepstakes. Your personal information may be transferred to servers located outside the country in which you live or to our affiliates or other trusted third parties based in other countries so that they may process personal information on our behalf.
14. SUSPENSION / MODIFICATION / TERMINATION:
In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or Reward. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor's control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any Entrant found to be, or suspected of: (i) tampering with the Entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
15. WINNERS LIST
To see the list of the winners, please visit https://talkingtomandfriends.com/my-talking-hank-islands/giveaway-winners. For a list of winners, available after September 1, 2024, please send a written request to [email protected].
16. GOVERNING LAW:
These Official Rules and all disputes or controversies arising out of or relating to these Official Rules shall be governed by, and construed in accordance with, the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the courts of England.
17. NO ENFORCEMENT:
You agree that if Sponsor does not exercise or enforce any legal right or remedy which is contained in these Official Rules (or which Sponsor has the benefit of under any applicable law), this will not be taken to be a formal waiver of Sponsor's rights and that those rights or remedies will still be available to Sponsor.
18. SEVERABILITY AND SURVIVAL:
If any provision of these Official Rules is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of these Official Rules shall continue in full force and effect.
19. ENTIRE AGREEMENT:
These Official Rules constitute the entire agreement between you and Sponsor with respect to the Promotion and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Official Rules will be binding unless made in writing and signed by Sponsor. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder preclude further exercise of any other right hereunder.
20. LANGUAGE:
The original version of these Official Rules is written in English. Any translation of these Official Rules into any other language is done for local requirements and in the event of a dispute, inconsistency, or discrepancy between the English and any non-English version, the English version of these Official Rules shall govern, to the extent not prohibited by local law in Your jurisdiction.
21. AVAILABILITY:
Official Rules are available on Sponsor's website with URL: https://talkingtomandfriends.com/mthi-giveaway/en
22. CONTACT INFORMATION:
Should you wish to contact Sponsor with any questions, complaints, or claims with respect to the Promotion, you should contact [email protected].
OUTFIT7 LIMITED, LAST UPDATED JULY 4, 2024
