OFFICIAL RULES FOR DISCORD ELGATO STREAMKIT GIVEAWAY
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED.
1. Eligibility. Subject to the additional restrictions below, you may enter the Discord Elgato Streamkit Giveaway (“Sweepstakes”) if you are a legal resident of Canada (excluding Quebec), or the US, and are eighteen (18) 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 Sweepstakes (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. Your participation in the Sweepstakes constitutes your agreement to these Official Rules.
2. Sponsor: Discord Inc., 444 De Haro Street, Suite 200, San Francisco, CA 94107.
3. Sweepstakes Term. The Sweepstakes begin on June 12, 2023 10:00am Pacific Time (PT) Zone and ends on June 27, 2023 11:59 pm Pacific Time (PT) Zone (the “Sweepstakes Term”).
4. How To Enter. You may enter the Sweepstakes by doing the following: 1. following the @Discord Instagram or Twitter accounts; 2. retweet the post announcing the Sweepstakes on Twitter OR re-post the post announcing the Sweepstakes on Instagram and 3. tagging it with the #enterdiscordgiveaway hashtag. ALL ENTRIES MUST COMPLY WITH THESE OFFICIAL RULES, AND BE SUBMITTED DURING THE SWEEPSTAKES TERM, OR THEY WILL BE DISQUALIFIED. YOU MAY ONLY SUBMIT ONE (1) ENTRY PER DAY DURING THE SWEEPSTAKES TERM.
If you submit more than one entry in a day using the same account, only the first entry for that day will be considered, and all subsequent entries for that day will be disqualified. Your entry 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 (collectively, the “Content Restrictions”).
All of your entries will be disqualified if: (i) any of your entries violates any of the Content Restrictions; (ii) you attempt to use more than one Instagram or Twitter account to submit entries to the Sweepstakes; or (iii) you attempt to cheat, tamper with the systems or services used to operate the Sweepstakes, or otherwise interfere with or undermine the legitimate operation of the Sweepstakes. If Discord does not receive your entry for any reason outside of Discord’s control, your entry will be disqualified. You must obtain the consent of any individual other than yourself whose personal information you include in any submission you post.
5. Prizes & Approximate Retail Value. A total of two prizes will be awarded to winners selected at random, with a total approximate retail value (“ARV”) of US$240, as described below, one prize for entrants who enter via Twitter and one prize for entrants who enter via Instagram. Each entrant may win one (1) prize only, so if there are not enough eligible entries, not all prizes will be awarded:
Each prize consists of: 1 Discord customized Elgato mic (AVR $120) and 1 Discord customized Elgato Streamdeck (AVR $120) .
The potential winners will be notified via the account they used to submit their entry on or about July 5, 2023, and must respond to the notification attempt within three (3) days of when it was sent. To receive a prize, a potential winner must: (i) submit all information that Discord requires to deliver them their prize and comply with applicable laws; and (ii) acknowledge that Discord may disclose their name and country to third parties because certain laws require Discord to do so to demonstrate the fairness of these Sweepstakes. Canadian residents must answer a skill-testing question before a prize will be awarded. 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 thirty (30) days of the date the affidavit is sent to claim their prize. If a potential winner cannot be contacted or fails to return the affidavit of eligibility within the required time period, the potential winner forfeits the prize. Discord will cover the costs of shipping prizes to winners. In the event that a potential winner is disqualified because they failed to comply with these Official Rules, or declines a prize for any reason prior to award, Discord will award the applicable prize to an alternate winner by random drawing held by Discord from among all remaining eligible entries received during the Sweepstakes Term. Discord will conduct these alternative random drawings for each prize until the prize is claimed. Winners are solely responsible for any taxes or reporting obligations resulting from the prizes. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted. Any difference between the stated ARV and actual value of a prize will not be awarded.
6. Odds. The odds of winning a prize is equal to the number of Sweepstakes prizes divided by the total number of entries to the Sweepstakes.
7. Limitation of Liability. This Section does not apply to you if you reside in France, Germany or Great Britain. You agree that Discord Parties, Twitter, Instagram, 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 Sweepstakes or any Sweepstakes-related activity, unless occasioned by their negligence or willful misconduct.
8. Indemnification. This Section does not apply to you if you reside in France, Germany or Great Britain. By participating in the Sweepstakes 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 Sweepstakes.
9. Uncontrollable Events. In the event the operation or integrity of the Sweepstakes are compromised by an event beyond Discord’s reasonable control and which were unforeseeable before the Sweepstakes began, Discord may suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, Discord may award prizes based on the entries received before the termination date.
10. Disputes. 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.
11. 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.
12. Construction. 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. Discord’s failure to enforce any of these Official Rules shall not constitute a waiver of that provision.
13. Winner List. Discord takes commercially reasonable steps to comply with laws that apply to the Sweepstakes, including laws in Great Britain, the U.S. and elsewhere that require Discord to demonstrate the fairness of these Sweepstakes. As such, in accordance with applicable laws, Discord will make available to you a copy of the name and country of the winner(s) and/or or a copy of these Official Rules, for one month after the Sweepstakes Term, if you send a self-addressed, stamped envelope to: Discord Inc., Attn: “Winner List/Official Rules” for Discord Elgato Streamkit Giveaway, 444 De Haro Street, Suite 200, San Francisco, CA 94107. (Residents of Vermont need not supply postage).
14. Twitter/Instagram Disclosures. The Sweepstakes are in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram.
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 email@example.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.