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Niko Omilana & Dragon City Giveaway – Terms and Conditions – 드래곤 시티 Dragon City Game guide

Please read these Terms and Conditions (“Terms”) before participating in this contest (“Contest”).  Participation in the Contest constitutes participant’s full and unconditional agreement to and acceptance of these Terms and represents that participant satisfies all of the requirements set forth below.  The Contest is organized by Social Point S.L. (“Sponsor”), a wholly owned subsidiary of Take-Two Interactive Software, Inc. Sponsor’s address is Calle Llacuna 166, Planta 10, 08018 Barcelona, Spain. The Contest may only be entered in or from any of the following territories: Argentina, Austria, Belgium, Canada (excluding the Province of Quebec), Chile, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Israel, Netherlands, New Zealand, Norway, Peru, Poland, Portugal, Puerto Rico, Spain, Sweden, Switzerland, Turkey, Ukraine (excluding the City of Sevastopol), the United Kingdom or the United States of America (including the 50 United States and the District of Columbia) (“Territory”) and entries originating from any other jurisdiction are not eligible for entry. The Contest is governed exclusively by the laws of the United States subject to the enforcement of the mandatory provisions of any other applicable law.1. How to Participate.  To enter in the Contest, you must during the Contest Period (defined below): 

  • visit Niko Omilana’s YouTube channel (https://www.youtube.com/user/omilana7) (“YouTube Channel”) on your mobile or tablet device, 
  • click on the video titled posted on June 28th, that is available on the YouTube Channel (“Contest Video”),
  • click on the link in the Contest Video’s description to download the game, Dragon City (“Game”), on iOS or Android. Please note that if you download the Game before clicking on the download link available in the Contest Video’s description, you may not be able to enter the Contest, and 
  • play the Game and reach level 16 within the Contest Period. 

By entering the Contest, standard data fees may apply. You should consult your wireless service provider’s pricing plan for details. You agree to be solely responsible for any and all charges your incur in entering, or participating in, the Contest (including, without limitation, any and all charges demanded by your wireless carrier). You should also check your device’s features for capabilities and check the device manual for specific use instructions. Limit one (1) entry into the Contest per person.  No automated entry devices and/or programs permitted. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will not be considered, or for problems of any kind whether mechanical, human or electronic.  Only fully completed entries are eligible.  Proof of submission will not be deemed to be proof of receipt by Sponsor.  Sponsor reserves the right to cancel or modify the Contest in its sole discretion.  2. Eligibility. Open only to legal residents of any country in the Territory, who are at least 16 years of age.  Employees, officers and directors of Sponsor and its parent company, subsidiaries, affiliates, partners, advertising and promotions agencies, manufacturers or distributors of materials used in connection with the Contest and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers, or directors are not eligible to participate in Contest.   Contest is subject to all applicable federal, provincial, state and local laws and regulations.3. Start/End Dates. Contest begins at 00:00:01 (CET) on June 28, and ends at 23:59:59 (CET) on July 5, (“Contest Period”). 4. Drawing/Odds. Winners will be selected in a random drawing from all eligible entries received on or about July 6, .  Odds of winning a Prize (defined below) depend on the number of eligible entries received for the drawing.  Drawing will be conducted by Sponsor.Sponsor’s decisions are final and binding in all matters relating to the Contest, including, but not limited to, interpretation and application of these Terms.  By entering the Contest, participants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.5. Prizes. Ten (10) winners will each receive one (1) $50.00 (fifty United States Dollars) Amazon Gift Card (each a “Prize”). Prizes are non-transferable.  No substitutions or cash redemptions.  In the case of unavailability of any Prize, Sponsor reserves the right to substitute a prize of equal or greater value.  Any tax obligations (if any) are the responsibility of the winner(s).  The winner will sign all the appropriate tax documentation and forms requested by law.  Failure to provide the Sponsor with all the tax related documentation, forms and/or signatures, will result in the disqualification of the winner and forfeiture of the Prize.Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Terms would contravene any statute or cause any part of these Terms to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, all Prizes and all parts thereof 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), except where prohibited by law. 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 all participants or shall only apply to the maximum extent permitted by applicable law. In the event that any of the above limitations or exclusions of liability are not enforceable under applicable law, the affected limitation or exclusion of liability shall be deemed omitted from these terms and shall in no way affect the legality, validity or enforceability of the remainder of these terms. Each participant should check their local laws for any restrictions or limitations regarding these limitations or exclusions. All federal, state, provincial and local taxes and any applicable social contributions associated with the Prizes are the sole responsibility of the winners.6. Notification. Winner(s) will be notified through an in-game news and will be required to provide Sponsor his/her in-game User ID. Winners may be required to sign and return, where legal, an Affidavit or Declaration of Eligibility, Liability/Publicity Release (or, if applicable, an acknowledgement or such other documents as the Sponsor may specify) within five (5) days of notification.  If any winner cannot be contacted within five (5) calendar days of first notification attempt, if any Prize or Prize notification is returned as undeliverable, if any winner rejects his/her Prize or in the event of noncompliance with these Terms and requirements, such Prize will be forfeited and may be awarded to an alternate. Upon Prize forfeiture, no compensation will be given.  7. Conditions. Sponsor shall not be liable or responsible in the event any entrant or winner’s Submission is not used for any reason.  Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion.  Any and all federal, state and local taxes are the sole responsibility of the winners.  By participating, entrants and winners agree to release and hold harmless Sponsor, its partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action.  Entrants who do not comply with these Terms or attempt to interfere with the Contest in any way shall be disqualified. Sponsor is not responsible if the Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.8. Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in the Contest or downloading any materials in the Contest.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend the Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site.  Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.9.  Limitation of Liability; Disclaimer of Warranties.  IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO ENTRANT FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THE CONTEST AND ALL PRIZES 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. 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 IN THE EVENT THAT ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE NOT ENFORCEABLE UNDER APPLICALBE LAW, THE AFFECTED LIMITATION OR EXCLUSION OF LIABILITY SHALL BE DEEMED OMITTED FROM THESE TERMS AND SHALL IN NO WAY AFFECT THE LEGALITY, VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS.10. Disputes; Governing Law.  THESE TERMS AND THE INTERPRETATION OF THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. Entrants resident in the United States of America hereby waive all rights to trial in any action or proceeding instituted in connection with these Terms, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Terms and/or the Contest 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 New York, City of New York. For entrants who are not resident in the United States of America and/or for any matters which are not subject to arbitration as set forth in these Terms and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of New York in the State of New York.  The parties agree not to raise the defense of forum non conveniens.11.  Use of Data.  Any personal data submitted to, or collected by, Sponsor or its data processors in connection with the Contest will be, processed by Sponsor and/or its data processors in accordance with Sponsor’s privacy policy for the purposes of conducting, administering, and marketing the Contest. Please review the Sponsor’s privacy policy at www.take2games.com/privacy.  By participating in the Contest, you hereby acknowledge that: (i) you have read and understood Sponsor’s privacy policy; (ii) Sponsor has a valid legitimate interest in processing your personal data for these purposes; and (iii) Sponsor’s legitimate interests are not outweighed by your own interests or fundamental rights and freedoms. 12. List of Winners. A list of Winners shall be published by Sponsor on its Dragon City forum, available at: https://forums.socialpointgames.com/category/3/dragon-city.13. Miscellaneous. The invalidity or unenforceability of any provision herein shall not affect in any way the validity and enforceability of any other provision in these Terms. Participant’s participation in the Contest is also subject to Sponsor’s Terms of Use available at https://www.take2games.com/legal/.IN THE EVENT THERE IS A DISCREPANCY OR INCONSISTENCY BETWEEN DISCLOSURES OR OTHER STATEMENTS CONTAINED IN ANY CONTEST MATERIALS AND THE TERMS AND CONDITIONS OF THESE TERMS SHALL PREVAIL, GOVERN AND CONTROL.

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