Master Sweepstakes Rules

Buffy
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Discord Master Giveaway Terms

NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.

VOID WHERE PROHIBITED. UNLESS YOU ARE A RESIDENT OF FRANCE, GERMANY, GREAT BRITAIN, OR OTHER COUNTRY WHERE A CLASS ACTION WAIVER IS NOT ENFORCEABLE, THESE DISCORD SWEEPSTAKES TERMS CONTAIN A CLASS ACTION WAIVER.

PLEASE SEE OUR PRIVACY NOTICE BELOW.

By entering any applicable Discord giveaway (each, a “Sweepstakes”), you will be bound by these terms and you acknowledge and agree that you meet all eligibility requirements. “Discord” means Discord Inc. and its affiliates. Prizes, entry dates, and selection details are further described on the webpage or other point of entry where you entered that Sweepstakes and/or the Discord Help Center article describing that Sweepstakes (each, a “Sweepstakes Entry Page”).

If a Discord giveaway links to other rules than these, those rules will apply for that Discord giveaway.

1. Eligibility. Open to legal residents of the country or countries listed on the Sweepstakes Entry Page who are eighteen (18) years of age or older as of the date of entry. Employees or agents of Discord and its 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. 

2. Sponsor: Discord Inc., 444 De Haro Street, Suite 200, San Francisco, CA 94107, USA, and its affiliates.

3. Sweepstakes Entry and Term. The term of each Sweepstakes (“Sweepstakes Term”) and instructions for entry will be described on the Sweepstakes Entry Page. ALL ENTRIES MUST COMPLY WITH THESE DISCORD SWEEPSTAKES TERMS AND BE SUBMITTED DURING THE SWEEPSTAKES TERM, OR THE ENTRIES WILL BE DISQUALIFIED. YOU MAY ONLY SUBMIT ONE (1) ENTRY PER DAY DURING THE SWEEPSTAKES TERM.

You may also enter the Sweepstakes by sending a postcard to Discord Inc. at 444 De Haro Street, Suite 200, San Francisco CA 94107 USA.  The postcard must include the phrase, att: “Enter me into Discord’s Sweepstakes” along with the title of the Sweepstakes used on the Sweepstakes Entry Page and an address by which Discord may contact you.  Postcard entries must be received by Discord within 5 days after the end of the Sweepstakes Term; Discord will use the postage date as your entry date. 

If you submit more than one entry in a day using the same account or address (if entering by postcard), only the first entry 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; (viii) violate the Discord Community Guidelines, available at https://discord.com/guidelines, and/or (ix) contain unauthorized third-party trademarks or logos (collectively, the “Content Restrictions”).

Your entry will be disqualified if: (i) your entry violates any of the Content Restrictions; (ii) you attempt to obscure your submission of  multiple entries to the Sweepstakes, e.g., using more than one account on a single social site to enter, sending multiple postcards from various addresses, etc.; or (iii) you attempt to cheat, tamper with the systems or services used to operate the Sweepstakes, spam Discord, 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. 

If your entry includes personal information of individuals other than yourself, you must obtain the consent of those individuals.

5. Prizes & Approximate Retail Value.  Prizes and their approximate retail value will be described on the Sweepstakes Entry Page. 

The potential winner(s) will be notified via the account they used to submit their entry or the address provided on the postcard, on or about the notification date described on the Sweepstakes Entry Page.  A potential winner 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 law; 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 each 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 (the potential winner) legally declares that they are eligible to win the prize based on these Discord Sweepstakes Terms. 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. If a potential winner is disqualified because they failed to comply with these Discord Sweepstakes Terms, 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 Average Retail Value 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, any social media sites where a Sweepstakes entry occurs (such as Twitter or Instagram), and their respective affiliates, suppliers, employees and agents (collectively, the “Released Parties”), will 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 of the Released Parties from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any breach by you of these Discord Sweepstakes Terms or any misrepresentation made by you in connection with the Sweepstakes.

9. Uncontrollable Events. If 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. If you reside in France, Germany, or Great Britain, the laws of the country you reside in will govern these Discord Sweepstakes Terms 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 apply to you. 

The laws of the State of California, excluding its choice of law provisions, will govern these Discord Sweepstakes Terms and any Claim that arises between you and Discord.  You agree to resolve any Claim through final and binding arbitration in San Francisco County, California.  Arbitration will be conducted by a single arbitrator and governed by these terms and the American Arbitration Association Rules, excluding any rules or procedures governing or permitting class or representative actions (the “AAA Rules”). In the event of any conflict between these terms and the AAA Rules, these terms will prevail. The decision of the arbitrator will be in writing and binding, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Except as explicitly set forth in this arbitration section, the arbitrator will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of these terms of service, including, but not limited to any Claim that all or any part of these terms of service are void or voidable, and any dispute regarding the payment of AAA administrative or arbitrator fees. The arbitrator must follow these terms and can award the same damages and relief as a court. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding anything to the contrary, the provisions of this Section 10 do not apply to (i) any dispute alleging infringement of Intellectual Property Rights; (ii) the issue of regarding whether a Claim must be arbitrated; or (iii) the seeking of temporary or preliminary injunctive relief to maintain the status quo while the arbitration of the substantive issues is pending.

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”). You and Discord each expressly waive any ability to maintain any Class Action in any forum. Any claim that all or part of this Class Action Waiver should be 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 will not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these Discord Sweepstakes Terms will be construed in accordance with their terms as if the invalid or unenforceable provision was not contained in them. Discord’s failure to enforce any of these Discord Sweepstakes Terms will 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 Discord Sweepstakes Terms, for one month after the Sweepstakes Term, if you send a self-addressed, stamped envelope to: Discord Inc., Attn: “Winner List/Discord Sweepstakes Terms” with the Sweepstakes name used on the Sweepstakes Entry Page, 444 De Haro Street, Suite 200, San Francisco, CA 94107. (Residents of Vermont need not supply postage).

14. Additional Disclosures.  Sweepstakes are in no way sponsored, endorsed or administered by, or associated with, any social media platforms where it is promoted or connected to entry, including but not limited to Twitter, Facebook,  Instagram, TikTok, or any other third party platform where entry may occur.

Privacy Notice

If you participate in any Sweepstakes, 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 Sweepstakes. This personal information may include your name, username, submission, contact information, and photo. We use it for the purposes of administering the Sweepstakes 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 the U.S. 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 these Sweepstakes that require us to disclose the personal information of Sweepstakes entrants and winners to government entities so that they can ensure that we are running these Sweepstakes 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 Sweepstakes 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 Sweepstakes fairly and in compliance with applicable laws. If you are selected as a potential winner of the Sweepstakes, a condition of claiming a prize and becoming a winner of the Sweepstakes 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 Sweepstakes 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 Sweepstakes in accordance with applicable laws, or else to advance our legitimate interests in running an Sweepstakes that complies with applicable laws. Discord retains personal information submitted during the Sweepstakes for as long as necessary to administer the Sweepstakes and comply with applicable laws. You can contact support@discordapp.com for more information.

If you post a submission as part of the Sweepstakes, 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 Sweepstakes and providing your consent will not increase your chances of winning. Participation in the Sweepstakes is voluntary but we require some personal information from you to enter you into the Sweepstakes, and you cannot win a prize unless we may disclose your name and country to third parties where required by applicable laws. 

 

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