NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM PRIZES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. PRIZE(S) TO BE AWARDED THROUGH A RANDOMIZED COMPUTER SELECTION PROCESS.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH REQUIRES, TO THE EXTENT PERMITTED BY LAW, THAT ALL DISPUTES BE RESOLVED SOLELY BY BINDING ARBITRATION, AND PARTICIPANTS AGREE TO ONLY PURSUE CLAIMS AGAINST SPONSOR AND SWEEPSTAKES ENTITIES AND/OR SEEK RELIEF ON AN INDIVIDUAL BASIS, AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
PLAYSTUDIOS US, LLC (the “Sponsor“) is pleased to introduce the “TETRIS 40th Anniversary – Ad Free for Life” Sweepstakes (the “Sweepstakes“).
“Sweepstakes Entry Period“
Start: 9:00 am PST June 16, 2024
End: 11:00 pm PST June 21, 2024
HOW TO ENTER: During the Sweepstakes Entry Period, you may enter by:
OR
ALTERNATIVE METHOD OF ENTRY:
You may also enter the Sweepstakes by filling out this online form HERE. Each online submission will be counted as six (6) entries for up to twenty four (24) entries per day. Be sure to submit your entry prior to the end of the Sweepstakes Entry Period described above in the first paragraph. Players won’t be awarded more than the maximum number of entries in the sweepstakes rules, whether obtained in-game or via the online submission form.
The maximum number of entries per eligible participant is 144 (24 per day during the Sweepstakes Entry Period), regardless of method of entry.
See Entry Restrictions.
PRIZE AND ODDS OF WINNING: Subject to verification of eligibility and compliance with these Official Rules, the following Prizes will be award:
| Number of Winners | Place | Prize |
| 4 | 1st Prize | Play TETRIS free of ads for 20 years. |
(the “Prize“).
Incidental expenses and all other costs and expenses which are not specifically listed as part of a Prize in these Official Rules, and which may be associated with the award, acceptance, receipt, and use of all, or any portion of the awarded Prize are solely the responsibility of the Prize winner.
See Prize Conditions for additional conditions and restrictions.
The approximate retail value (“ARV”) of the Prize is $800 ($40 per year for 20 years) for each 1st Prize. The ARV for the Prize is an estimate made before the Sweepstakes begins and may vary based on current market conditions. Any difference between the ARV and the actual value, if any, will not be awarded.
The odds of winning the Prize depends on the total number of eligible entries received during the Sweepstakes Entry Period and the method of entry does not impact the odds.
RULES:
The Sweepstakes shall be governed by these Official Rules. By entering, all participants agree to be fully and unconditionally bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be final and binding in all respects.
The Sweepstakes is subject to applicable federal, state, provincial, territorial and local laws any other applicable law of any entrant’s country of residence and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Winning and receiving a Prize is contingent upon fulfilling all requirements set forth herein.
FACEBOOK®, INSTAGRAM, TWITTER, APPLE, GOOGLE, AND AMAZON DISCLAIMER:
Entrant agrees and acknowledges, as a condition of participating in the Sweepstakes, that Facebook® Inc., Instagram, LLC, Twitter, Inc., Apple Inc., Google LLC, or Amazon.com, Inc. and their owners, directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (individually and collectively referred to herein as the “Social Networking Sites” or “SNS“) do not sponsor, endorse, or administer, nor are they in any way associated with, the Sweepstakes. As a condition of participating in the Sweepstakes, entrant further acknowledges and agrees that entrant shall release the SNS from any and all liability arising out of or relating to entrant’s participation in the Sweepstakes, or entrant’s acceptance, use, or misuse of a Prize. All questions regarding the Sweepstakes must be directed to Sponsor, not SNS.
ELIGIBILITY:
THE SWEEPSTAKES IS OPEN ONLY TO NATURAL PERSONS WHO: ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AS OF THE DATE OF THEIR ENTRY; ARE LEGAL RESIDENTS OF ONE (1) OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA OR ONE OF THE PROVINCES OR TERRITORIES OF CANADA (EXCLUDING THE PROVINCE OF QUEBEC); HAVE A VALID FACEBOOK® ACCOUNT OR APPLE ID; AND SATISFY ALL OTHER REQUIREMENTS CONTAINED HEREIN. THE SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, PROVINCIAL, TERRITORIAL, STATE, AND LOCAL LAWS AND REGULATIONS OR ANY OTHER APPLICABLE LAW OF ANY ENTRANT’S COUNTRY OF RESIDENCE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
A Facebook account is required to enter the Sweepstakes. If you do not have a Facebook account, visit www.facebook.com, or download the free Facebook application onto your iOS or Android device from the App Store or Google Play, as applicable based upon your device, and create a free account as instructed. If you do not have an Apple ID, visit www.apple.com and create a free account as instructed, or create an Apple ID on your Apple device. Please read the Terms of Use and Privacy Policy of Facebook and/or Apple, as applicable.
Owners, officers, directors, members, managers, employees, representatives, and agents of Sponsor and each of its respective parent companies, affiliates, subsidiaries, franchisees, partners, fulfillment agencies, and any other companies associated with the design or execution of the Sweepstakes, including, any prize provider, (individually and collectively referred to herein as the “Sweepstakes Entities”), as well as each of their Immediate Family Members, as defined below, and Household Members, as defined below, are not eligible to participate in or win the Sweepstakes. “Immediate Family Members” shall mean spouse, parents, stepparents, legal guardians, children, stepchildren, siblings or step-siblings and each of their spouses regardless of where they reside. “Household Members” shall mean those people who share the same residence at least three (3) months a year.
ENTRY RESTRICTIONS:
All entries must be received by the end of the Sweepstakes Entry Period to be eligible. Pacific Time shall control for all purposes of this Sweepstakes. Sponsor’s Application clock shall be the official clock for purposes of the Sweepstakes.
Participants and/or potential winner may be required to provide proof of identification and eligibility as required by Sponsor. If it is discovered or suspected that a participant has registered or attempted to register for the Sweepstakes using multiple identities, all of that participant’s entries will be declared null and void and any prize such participant might have been entitled to win will not be awarded to and may be revoked from such participant. Any form of entry other than those described herein is void. Using an automated system to participate in the Sweepstakes or attempting to subvert the Sweepstakes entry process is also prohibited and may result in disqualification. Sponsor is not responsible for incorrect or inaccurate transcription of entry information, computer, online or human error, technical malfunctions, any omission, interruption, defect, or any other error, including, without limitation, lost, late, incomplete, invalid, unintelligible or misdirected entries, all of which may constitute grounds for disqualification in Sponsor’s sole and absolute discretion. If a problem occurs in the entry process, the entrant is solely responsible for verifying that the entry process has been validly completed. Sponsor shall have no obligation to advise an entrant of an incomplete entry. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Entrant is responsible for all online charges incurred with any Internet service provider and/or wireless carrier.
In the event of a dispute over who is attributed with a winning entry, the authorized account holder of the email address linked to the App on which the entry was achieved will be deemed to be the entrant. The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
NO PURCHASE OR PAYMENT OF ANY KIND IS REQUIRED TO ENTER UNDER ANY METHOD OF ENTRY. AN ENTRY OBTAINED THROUGH PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING OVER AN ENTRY OBTAINED WITHOUT ANY PURCHASE OR PAYMENT.
WINNER SELECTION:
Within approximately two days after the end of the Sweepstakes Entry Period, Sponsor will conduct a random drawing via a verifiably independent randomized computer process from all eligible entries received during the Sweepstakes Entry Period to select the potential winners of the Prize (the “potential winner”). Sponsor expressly reserves the right to delay the announcement of the potential winner for any reason Sponsor deems necessary. Sponsor’s decisions shall be final and binding in all matters pertaining to the Sweepstakes.
For Canadian entrants only: A potential winner who resides in Canada will be required to provide the correct answer to a mathematical skill-testing question (unaided and within a reasonable time as specified by Sponsor or its designee).
WINNER NOTIFICATION AND VERIFICATION:
The potential winner will be notified promptly following selection either via the Application, Facebook Message and/or at the email, mailing address or phone number provided on their Application account. It is an entrant’s responsibility to keep the contact information listed on their Application account accurate.
The potential winner will be awarded the applicable Prize subject to verification of eligibility and compliance with all terms and conditions of these Official Rules. If the potential winner cannot be contacted or fails to respond within seventy-two (72) hours after the date of the first attempt to contact him/her, the Sponsor may select, in Sponsor’s sole and absolute discretion, an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries. The Sponsor has no obligation to select an alternate potential winner.
The potential winner may be required by Sponsor to complete and return an Affidavit of Eligibility, Liability and Publicity Release (“Affidavit“) within seven (7) days from the first attempted notification (unless prohibited by law). The Affidavit will be sent to the potential prize winner via the email address provided on the potential winner’s Application account. Entry into Sweepstakes constitutes agreement to sign such Affidavit. Failure to complete the Affidavit within the seven (7) days will result in forfeiture of the Prize. In the event of non-compliance with these Official Rules, or if the Prize is unclaimed or returned as undeliverable, the Prize will be forfeited.
Sponsor, at its sole and absolute discretion, may award a forfeited Prize to an alternate potential winner by random drawing from among all remaining eligible entries. Within forty-eight (48) hours of the secondary drawing, the alternate potential winner will be contacted as noted above. If the alternate potential winner cannot be contacted or fails to respond within seventy-two (72) hours after the date of the first attempt to contact him/her, the alternate potential winner may be disqualified, forfeiting the Prize, in Sponsor’s sole and absolute discretion. Sponsor retains the right to repeat this process until an alternate potential winner complies with the verification of eligibility requirements. Sponsor has no obligation to select an alternate potential winner.
POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE SWEEPSTAKES, ANY CHANGES TO THESE OFFICIAL RULES, AND THE SELECTION OF POTENTIAL WINNERS IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
PRIZE CONDITIONS:
Prize is subject to additional blackout dates, capacity controls, availability, approval, and other restrictions all of which are subject to change at Sponsor’s or prize provider’s sole and absolute discretion. The Prize will be awarded only if the potential winner fully complies with these Official Rules. All Prize details are at the sole and absolute discretion of Sponsor and/or prize provider and any depiction of the Prize, in Sweepstakes materials or otherwise, is for illustrative purposes only. All Prize components must be redeemed during the same trip. Sponsor and/or prize provider shall have no responsibility or obligation to the Prize winner or a potential winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. No transfer, refund, cash redemption, substitution, replacement or cash equivalent for the Prize or any Prize component will be made, except that Sponsor and/or prize provider at their sole and absolute discretion may substitute the Prize (or component of the Prize) of equal or greater value for any reason.
In the event that the Sweepstakes is cancelled or postponed by Sponsor for any reason whatsoever, the ARV of the Prize will be awarded to the extent required by law. In the event of non-compliance with these Official Rules, or if the Prize is unclaimed, the Prize will be forfeited. A forfeited Prize may be awarded to an alternate winner, at Sponsor’s sole and absolute discretion.
By participating in this Sweepstakes or accepting the Prize, entrants further acknowledge and agree to the following Prize restrictions,
if applicable:
Cruise Accommodations
Cruise accommodations are subject to additional restrictions and requirements as set forth in the cruise agreement and the terms of Royal Caribbean All incidentals not mentioned within the Prize details, including, without limitation, luggage fees, service charges or facility charges, personal charges at lodging, damage to hotel room, security fees, gratuities, taxes or other expenses, are the sole responsibility of the Prize winner.
Hotel and Food Accommodations
Hotel and food accommodations are subject to additional restrictions and requirements as set forth in the hotel agreement. All incidentals not mentioned within the Prize details, including, without limitation, luggage fees, service charges or facility charges, personal charges at lodging, damage to hotel room, security fees, gratuities, taxes or other expenses, are the sole responsibility of the Prize winner.
Venue Access / Shows
Access to concerts, shows, private properties or other event venues made available as part of the Prize may be subject to additional restrictions and requirements as set forth in the respective equipment use agreement, if applicable. All incidentals not mentioned within the Prize details, including, without limitation, gratuities, taxes or other expenses, are the sole responsibility of the Prize winner.
Airfare Gift Card or Credit
Airfare gift cards are subject to additional cardholder terms and conditions imposed by issuer. Airfare credits must be used in conjunction with the Prize and will not be provided separately. No credit or cash will be returned or refunds issued if the full value of the gift card or airfare credit has not been used by its respective expiration date, if any. The gift card will not be replaced if lost or stolen but Sponsor may, at its sole and absolute discretion, replace a lost, stolen or malfunctioning card. In no event will a gift card’s prize value exceed its stated value.
Incidental Expenses
No changes will be made to the travel details once travel arrangements have been booked. All other expenses and incidental costs not expressly stated in the Official Rules, including but not limited to, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, damage to hotel room, security fees, gratuities, taxes or other expenses, including any transportation not mentioned within such Prize description, are the sole responsibility of the Prize winner. The Prize winner is also responsible for obtaining travel insurance (and all other forms of insurance) at his/her option and hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance that the prize winner deems appropriate.
Conduct
Prize winner must follow all instructions of Sponsor and prize provider, as applicable, relative to the Prize and any element thereof. In the event a Prize winner engages in behavior that, as determined by Sponsor at its sole and absolute discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor and prize provider, as applicable, reserve the right to terminate the Prize or other applicable experience early, in whole or in part, and send the Prize winner home with no further compensation. In such event, Prize winner may also be required to reimburse the Sponsor for the ARV of the Prize.
THE PRIZE IS AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ALL FEDERAL, STATE, PROVINCIAL, TERRITORIAL AND LOCAL TAXES AND FEES ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNER. ALL OTHER COSTS AND EXPENSES RELATED TO ANY PRIZE NOT SPECIFIED HEREIN AND OTHER EXPENSES INCURRED BY ACCEPTING THE PRIZE ARE ALSO THE SOLE RESPONSIBILITY OF THE WINNER. ANY REQUIRED TAX REPORTING FORMS WILL BE FURNISHED TO THE APPROPRIATE AUTHORITIES.
PUBLICITY:
Except where prohibited or restricted by law, a winner’s acceptance of Prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. For UK entrants, Sponsor will request a separate publicity release under applicable UK data protection law prior to undertaking such activity.
By entering the Sweepstakes, entrants may be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Sweepstakes and awarding the Prize. In addition, by entering, entrants agree to Sponsor’s use of entrant’s personal information as described in its privacy policy available at
www.playstudios.com/privacy-policy. Please refer to Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor. Sponsor is not responsible for disclosures made by any third party. Entrants may subsequently opt-out of receiving further emails as set forth in Sponsor’s privacy policy.
BY ENTERING THIS SWEEPSTAKES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND CONSENT TO SPONSOR’S PRIVACY POLICY AND TERMS OF SERVICE.
ENTRANT FURTHER ACKNOWLEDGES THAT ENTRANT’S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING ENTRANT’S NAME ON A WINNERS’ LIST.
GENERAL CONDITIONS:
Sponsor is not responsible for programming, coding, or other web production errors and Sponsor may rescind, cancel or revoke the Sweepstakes based on any such error without liability at its sole and absolute discretion. Sponsor also reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor, at its sole and absolute discretion. In such event, Sponsor reserves the right to award the prize at random from among the eligible entries received up to the time of the impairment (and/or thereafter), or in such other manner as deemed fair and appropriate by Sponsor, at its sole and absolute discretion. Sponsor also reserves the right, at its sole and absolute discretion, to disqualify any individual they find to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner.
ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Participants agree to be bound by the Official Rules and decisions of Sponsor and/or Sponsor’s representatives, which are final and binding in all respects. Submitted entry materials become the sole property of Sponsor and will not be acknowledged or returned. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism (or threat thereof), act of public enemies, actions of governmental authorities outside of the control of Sponsor or other force majeure event will not be considered a breach of these Official Rules.
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. You agree to waive any rights to claim ambiguity of these Official Rules or any Sweepstakes materials. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
LIMITATIONS ON LIABILITY:
Sponsor and the Sweepstakes Entities and any and all Internet server(s) and internet and cellular telephone and mobile data access provider(s), and each of its respective companies, affiliates, subsidiaries, franchisees, partners, and all of their owners, officers, directors, members, managers, employees, representatives, and agents (collectively, “the Released Parties“) are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers or software, including without limitation, any injury or damage to participant’s or any other person’s computer or mobile device relating to or resulting from participation in the Sweepstakes; inability to download the Application or access any pages thereof; theft, tampering, destruction or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, mobile telephone or electronic malfunction or traffic congestion on telephone lines, mobile telephone networks, or the Internet or any website or for any other reason whatsoever; typographical, printing or other errors; late, lost, stolen, mutilated, misdirected or postage-due mail, or any combination thereof. Any and all entry materials will become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive entries or acts shall render entrants ineligible. By entering the Sweepstakes, entrants affirm that they have read and accepted these Official Rules.
Released Parties shall not be liable to winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Released Parties’ sole control.
By entering this Sweepstakes, entrants agree that Released Parties shall not be liable for personal injuries, death, dismemberment, damages, expenses or costs or losses of any kind resulting from participation in this Sweepstakes, or from acceptance of or use or inability to use a prize or parts thereof, including without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, dismemberment, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Each prize winner releases the Released Parties from any and all liability and responsibility with respect to the prize (including any property loss, damage, personal injury or death). Each prize winner acknowledges the aforementioned individuals and entities have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to the prize.
CONTROLLING LAW AND JURISDICTION:
THE BELOW CHOICE OF LAW AND JURISDICTION (INCLUDING THIS ARBITRATION AGREEMENT AND WAIVERS) DOES NOT DEPRIVE ENTRANTS OF THE PROTECTION UNDER MANDATORY STATUTORY PROVISIONS THAT CANNOT BE WAIVED UNDER THE LAW WHICH WOULD HAVE OTHERWISE BEEN APPLICABLE.
U.S. RESIDENTS: In the case of entrants who are legal residents of one (1) of the fifty (50) states in the United States or the District of Columbia, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of an entrant in this Sweepstakes, and any action related thereto shall be governed by and construed in accordance with the internal laws of the United States of America and the State of Nevada. Subject to, and without in any way limiting, the “Dispute Resolution and Arbitration” provision set forth in the Terms of Service, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Official Rules will be the state and federal courts located in the District of Nevada and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
CANADIAN RESIDENTS: In the case of entrants who are legal residents of one of the provinces or territories of Canada (excluding the province of Quebec, whose residents are ineligible to enter the Sweepstakes), all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of an entrant in this Sweepstakes, and any action related thereto shall be governed and construed in accordance with the applicable laws of Canada and the Province of Ontario. Subject to, and without in any way limiting, the “Dispute Resolution and Arbitration” provision set forth in the Terms of Service, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Official Rules will be the Superior Court of Justice located in the City of Toronto, Ontario and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
DISPUTE RESOLUTION AND ARBITRATION/Class Action Waiver
This Dispute Resolution and Arbitration/Class Action Waiver provision facilitates the prompt and efficient resolution of any disputes that may arise between you and the Sponsor. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Dispute Resolution and Arbitration/Class Action Waiver Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. Please read this Dispute Resolution and Arbitration/Class Action Waiver Provision carefully. It provides that all Disputes between you and the Sponsor (as defined below, for this Dispute Resolution and Arbitration/Class Action Waiver Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions).
Except as otherwise provided, entering into the Sweepstakes constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees). For the purpose of this Dispute Resolution and Arbitration/Class Action Waiver Provision, “Sponsor” means PLAYSTUDIOS US, LLC and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and PLAYSTUDIOS regarding any aspect of your participation in the Sweepstakes, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Dispute Resolution and Arbitration/Class Action Waiver Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND SPONSOR EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS DISPUTE RESOLUTION AND ARBITRATION/CLASS ACTION WAIVER PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Sponsor an opportunity to resolve the Dispute. You must commence this process by mailing a written notification to PLAYSTUDIOS Legal Department, 10150 Covington Cross Drive, Las Vegas, Nevada 89144. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Sponsor does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt-Out
Notwithstanding the above, you or Sponsor may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Dispute Resolution and Arbitration/Class Action Waiver Provision by mailing written notification to PLAYSTUDIOS Legal Department, 10150 Covington Cross Drive, Las Vegas, Nevada 89144. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with PLAYSTUDIOS through arbitration. Your decision to opt-out of this Dispute Resolution and Arbitration/Class Action Waiver Provision will have no adverse effect on your relationship with PLAYSTUDIOS. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Procedures
If this Dispute Resolution and Arbitration/Class Action Waiver Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Sponsor may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Dispute Resolution and Arbitration/Class Action Waiver Provision. For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Dispute Resolution and Arbitration/Class Action Waiver Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Sweepstakes and these Rules concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award. The arbitrator may award, on an individual basis, any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or Sponsor may initiate arbitration in either Las Vegas, Nevada or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, Sponsor may transfer the arbitration to Las Vegas, Nevada in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator. For participants who are legal residents of one of the provinces or territories of Canada (excluding the province of Quebec, the residents of which are ineligible to enter the Sweepstakes, the references to Las Vegas, Nevada in this provision should be read to refer instead to “Toronto, Ontario”.
Payment of Arbitration Fees and Costs. Sponsor will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Sponsor as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver. Except as otherwise provided in this Dispute Resolution and Arbitration/Class Action Waiver Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Sponsor specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Dispute Resolution and Arbitration/Class Action Waiver Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver. You understand and agree that by entering into this Sweepstakes you and Sponsor are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Dispute Resolution and Arbitration/Class Action Waiver Provision, you and Sponsor might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability. If any clause within this Dispute Resolution and Arbitration/Class Action Waiver Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Dispute Resolution and Arbitration/Class Action Waiver Provision, and the remainder of this Dispute Resolution and Arbitration/Class Action Waiver Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Survival of Dispute Resolution and Arbitration/Class Action Waiver Provision. This Dispute Resolution and Arbitration/Class Action Waiver Provision shall survive the termination of the Sweepstakes Entry Period and your participation in the Sweepstakes, including, if applicable, the awarding to you of any Prize and your consumption or use of that Prize.
WINNERS’ LIST/OFFICIAL RULES:
For an Official Winners’ List, available after the Sweepstakes Entry Period for a copy of these Official Rules, send a self-addressed, stamped envelope (residents of Vermont only may omit return postage) to 10150 Covington Cross Drive, Las Vegas, NV 89144. Attn: Winners’ List or Official Rules (please specify which you are requesting). Official Rules are also available during the Sweepstakes Entry Period through the Application. Requests for an Official Winners List must be received no later than three (3) months after the end of the Sweepstakes Entry Period.
If you object to any or all of your name or county being published or made available, please contact the Sponsors at sweepstakes@playstudios.com. In such circumstances, the Sponsor will still provide this information to US, Canada, UK, Germany regulators on request.
SPONSOR: The Sponsor of the Sweepstakes is PLAYSTUDIOS US, LLC, 10150 Covington Cross Drive, Las Vegas, NV 89144.
CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. You have not yet won any prize, the actual odds of winning depend on the total number of eligible entries received during the Sweepstakes Entry Period. All entries must be received by the end of the Sweepstakes Entry Period to be eligible for the Sweepstakes. See Official Rules above for complete prize restrictions. Sponsored by PLAYSTUDIOS US, LLC, 10150 Covington Cross Drive, Las Vegas, NV 89144.
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