OFFICIAL RULES

Important: Please read these Official Rules before entering this Contest (the “Contest”).

By participating in this Contest, you agree to be bound by these Official Rules.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. UNLESS YOU ARE A RESIDENT OF FRANCE, GERMANY OR GREAT BRITAIN, THESE OFFICIAL RULES CONTAIN A CLASS ACTION WAIVER.

PLEASE ALSO SEE OUR PRIVACY NOTICE HERE

1. Eligibility: Subject to the additional restrictions below, you may enter the Contest if you are a legal resident of Canada (excluding Quebec), France, Germany, Great Britain, Japan, Mexico, or the 50 United States and D.C, and are thirteen (13) years of age or older as of the date of entry. Employees or agents of Discord Inc. (“Discord”) and its affiliates or business partners involved in the provision of the Contest (collectively, “Discord Parties”), and the members of their immediate families (i.e. parents, children, siblings or spouse) or those persons living in the same household of such individuals, are ineligible to enter or win.

2. Contest Period: The Contest starts at 11:00 a.m. Pacific Time (PT) on Tuesday, December 6th, 2022 and ends at 10:00 a.m. PT on Friday, December 9th, 2022 (the “Contest Period”).

3. How to Enter: To enter, complete the listed steps for entry during the Contest Period: Submit your Draw a Wumpus entry via the google form linked in the Town Hall server on Discord and include your Discord Handle within your submission.

By submitting an entry as instructed through any of the above methods (“Submission”), you agree that you and your Submission comply with these Official Rules, including the Guidelines and Restrictions detailed below. Discord will disqualify you and all of your Submissions from the Contest if: (i) you or any of your Submissions fails to comply with these Official Rules; or (ii) you attempt to cheat, tamper with the systems or services used to operate the Contest, or otherwise interfere with or undermine the legitimate operation of the Contest. If Discord does not receive your Submission for any reason outside of Discord’s control, your Submission will be disqualified.

4. Submission Guidelines and Restrictions

a. There are 3 categories (each a “Contest Category”) that you may make a Submission to: (1) Most Creative; (2) Best Traditional (i.e., must be drawn by hand); and (3) Best Digital (i.e., must be drawn digitally).

b. THERE IS A LIMIT OF ONE (1) SUBMISSION PER PERSON, PER CONTEST CATEGORY (I.E., MOST CREATIVE, BEST TRADITIONAL, AND BEST DIGITAL) DURING CONTEST PERIOD, REGARDLESS OF METHOD OF ENTRY. Any attempt to submit additional Submissions for each category, including through multiple or duplicate accounts, will result in disqualification.

c. Your Submission must not supply untruthful, incomplete, inaccurate or misleading information, and must be responsive to the Contest theme.

d. Your Submission must be your original creation and you must have the full rights to grant the license and other rights that you grant to Discord in Section 8 below.

e. Your Submission must not: (i) violate any applicable law or regulation; (ii) violate any third-party rights, including copyrights, trademark rights, moral rights, or rights of privacy and publicity; (iii) contain disparaging or defamatory statements; (iv) include threats to any person, place, business, or group; (v) be obscene, offensive, or indecent; (vi) depict any risky behavior; (vii) contain 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/or (viii) contain unauthorized third-party trademarks or logos.

f. You agree that, to the extent that your Submission depicts any individual or features the voice or other qualities of any individual, you are the individual pictured, heard, or otherwise featured in the Submission, or, alternatively, that you have obtained written permission from each person appearing in the entry to grant the rights to Discord described in these Official Rules, and will make written copies of such permissions available to Discord upon request.

g. You are responsible for all of your own expenses associated with participating in the Contest.

5. Identity of Entrant: Each potential winner may be required to provide Discord with proof that the potential winner is the authorized account holder of the account associated with the winning Submission. Multiple participants are not permitted to share the same account.

6. Selection and Notification of Winner: On or before Monday, December 12th, 2022, a panel of judges selected at Discord’s discretion and based in the U.S. will score each Submission based on the following criteria (“Judging Criteria”):

Judging Criteria

1) Accuracy (⅓);

2) Expression and posing (⅓); and

3) Set design and background (⅓).

The five (5) winners (three (3) winners for Most Creative, one (1) winner for Best Traditional, and one (1) winner for Best Digital) will be determined based on an assessment of each Submission against the Judging Criteria by a panel of three (3) Discord employees on Discord’s Community team and Art School team. In the unlikely event of a tie, a member of Discord’s Brand/Experiential team will cast the deciding vote on the winning Submission. The selection of the winners is at the sole discretion of the judges and the judges’ decision is final.

Each potential winner will be notified via Discord ID on or about Monday, December 12th, 2022. To receive a prize, a potential winner must submit all information that Discord requires to deliver them their prize and comply with applicable laws. Unless Discord is satisfied that a potential winner is eligible to win a prize, every potential winner must sign and return to Discord an affidavit of eligibility. An affidavit of eligibility is a document in which the signatory legally declares that they are eligible to win the prize based on these Official Rules. If Discord asks a potential winner to sign and return to Discord an affidavit of eligibility, they must do so within 30 days of the date the affidavit is sent to claim their prize. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) any required information or documents are not returned within seven days, such as the Affidavit of Eligibility; or (iii) the potential winner chooses not to, or is otherwise unable to, accept the prize as stated, the prize will be forfeited and will be awarded to an alternate winner in accordance with the Judging Criteria. Only one alternate winner will be selected for the prize.

7. Prize: Five (5) winners (three (3) winners for Most Creative, one (1) winner for Best Traditional, and one (1) winner for Best Digital) will each receive one (1) Snowsgiving Prize Pack consisting of one (1) Snowsgiving Large Bundle, one (1) Snowsgiving Small Bundle, one (1) Nelly Plushie, and one (1) Wumpus Plushie (Shipped out from DOTEXE). (Approximate Retail Value (“ARV”) of each prize: $245). Total ARV of all prizes: $1,225. Discord will cover the costs of shipping prizes to winners. Winners are solely responsible for any taxes or reporting obligations resulting from the prizes. Any difference between the stated ARV and actual value of a prize will not be awarded. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted.

8. Limitation of Liability. This Section does not apply to you if you reside in France, Germany or Great Britain. You agree that Discord Parties, Google and their respective affiliates, suppliers, employees and agents (collectively, the “Released Parties”), shall not be responsible or liable for any losses, damages or injuries of any kind resulting from your participation in the Contest or any Contest-related activity, unless occasioned by their gross negligence or willful misconduct.

9. License to Submission: By entering the Contest and providing a Submission, you hereby grant to Discord a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, display, perform, distribute, and otherwise use your Submission in connection with administering and promoting the Contest, and to freely sublicense these rights. Discord will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Discord’s expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Discord to effect, perfect or confirm Discord’s rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Discord, or its agents, licensees or assignees, of your Submission.

10. Indemnity. This Section does not apply to you if you reside in France, Germany or Great Britain. By participating in the Contest and/or accepting any prize that may be awarded, to the maximum extent permitted by law, you agree to fully indemnify each Released Party from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any breach by you of these Official Rules or any misrepresentation made by you in connection with the Contest.

11. Winner List; Rules Request: For a copy of the winner list, send a stamped, self-addressed, business-size envelope for arrival after December 12th, 2022 and before December 12th 2023 to the address listed in Section 17 below, Attn: Discord Draw a Wumpus Contest. To obtain a copy of these Official Rules, send a stamped, self-addressed business-size envelope to the address listed in Section 17 below, Attn: Discord Draw a Wumpus Contest. VT residents may omit return postage.

13. Disputes. If you reside in France, Germany, or Great Britain, the laws of the country you reside in will govern these Official Rules and any dispute, claim or cause of action (“Claim”) that arises between you and Discord, and you may initiate Claims before the courts of your country of residence. If you do not reside in France, Germany or Great Britain, the following clauses shall apply to you. The laws of the State of California, excluding its choice of law provisions, will govern these Official Rules and any Claim that arises between you and Discord.

14. Class Action Waiver. This Section does not apply to you if you reside in France, Germany or Great Britain. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction. If for any reason a Claim proceeds in court, you and Discord each waive any right to a jury trial.

15. Uncontrollable Events. In the event the operation or integrity of the Contest is compromised by an event beyond Discord’s reasonable control and which were unforeseeable before the Contest began, Discord may suspend, modify or terminate the Contest.

16. General Conditions: Discord’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.

17. Sponsor: Discord Inc., 444 De Haro Street, Suite 200, San Francisco, CA 94107 giveaways@discordapp.com

Privacy Notice

If you participate in the Draw a Wumpus Contest (“Event”), we, Discord Inc., 444 De Haro Street, Suite 200, San Francisco, CA 94107, collect the personal information that you submit with your entry into the Event. This personal information may include your name, submission, and photo. We use it for the purposes of administering the Event in accordance with its Official Rules, and exercising or discharging Discord’s rights and obligations under applicable law. Your submission will be visible to all users of the service to which you posted your submission. We disclose personal information to our service providers in Canada (excluding Quebec), France, Germany, Great Britain, Japan, Mexico, or the 50 United States and D.C. who process it only on our behalf and subject to confidentiality agreements and other appropriate data protection measures. For additional information about how we protect and use personal information, your privacy rights, and our representatives in certain jurisdictions, please see our privacy policy at http://www.discord.com/privacy/.

There are laws in the jurisdictions where we are running this Event that require us to disclose the personal information of Event entrants and winners to government entities so that they can ensure that we are running this Event fairly and in compliance with applicable consumer protection, marketing and other laws. If a government entity requests these details, we will provide them to the government entity. Under the GDPR, the lawful basis for this disclosure is to advance our legitimate interests in running an Event that complies with applicable laws.

Certain U.S. and British laws require us to publish or disclose the names (and in some cases countries) of winners to third parties that request this information from us. These laws are intended to ensure that we run the Event fairly and in compliance with applicable laws. If you are selected as a potential winner of the Event, a condition of claiming a prize and becoming a winner of the Event is that we may disclose your name and country for this purpose. This is a necessary part of our contract with you when you accept a prize to win the Event because our contract requires us to comply with the laws that apply to us and applicable laws require us to make these disclosures. Under the GDPR, the lawful basis for this disclosure is to perform our contract with you to run the Event in accordance with applicable laws, or else to advance our legitimate interests in running an Event that complies with applicable laws. Discord retains personal information submitted during the Event for as long as necessary to administer the Event and comply with applicable laws. You can contact giveaways@discordapp.com for more information.

If you post a submission as part of the Event, Discord may separately request your consent to retain and use your personal information or other information in your submission for promotional purposes. You are not required to provide such consent to enter or win the Event and providing your consent will not increase your chances of winning. Participation in the Event is voluntary but we require some personal information from you to enter you into the Event, and you cannot win a prize unless we may disclose your name and country to third parties where required by applicable laws.

OFFICIAL RULES

Privacy Notice

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