TERMS AND CONDITIONS
(SUPPLEMENT TO OFFICIAL RULES)
VOID WHERE PROHIBITED /
NO PURCHASE NECESSARY TO ENTER SWEEPSTAKES
From time to time, GungHo Online Entertainment America, Inc. (“GungHo”) will host certain promotional events, including, without limitation, contests and sweepstakes (collectively “Promotional Events”). These Promotional Events Terms and Conditions (the “Event Terms”) describe certain terms and conditions applicable to each Promotional Event. These Event Terms supplement the official rules (the “Official Rules”) which apply to each such Promotional Event and are incorporated to such Official Rules by this reference. By accepting these Event Terms or participating in any Promotional Event, you acknowledge and agree that your participation in a Promotional Event is subject at all times to these Event Terms and the applicable Official Rules. In the event of any conflict between these Event Terms and the Official Rules, the Official Rules shall control unless GungHo determines otherwise, in its sole and absolute discretion.
1. Residency. Each person participating in a Promotional Event must be a legal resident of the United States (excluding their respective territorial possessions including Puerto Rico and Guam) and may not be a resident of a state or, U.S. territory or possession expressly excluded in the applicable Official Rules.
2. Age Restriction. Each person participating in a Promotional Event must be at least 13 years old on or before the start of the subject Promotional Event. Children under 13 are not eligible to participate in any Promotional Events. If requested by GungHo, each potential participant must provide a copy of his/her government issued photo ID with proof of age. Employees of GungHo and its affiliates and advertising agencies, and members of the immediate family of any such employees are not eligible to apply for entry or participate in any Promotional Event.
BY APPLYING FOR ENTRY AND PARTICIPATING IN ANY PROMOTIONAL EVENT, YOU REPRESENTS AND WARRANTS THAT YOU ARE 13 OR OLDER ON OR BEFORE THE START OF PROMOTIONAL EVENT, AND THAT YOU AGREE TO ABIDE BY ALL EVENT TERMS AND THE SUBJECT OFFICIAL RULES. MOREOVER, IF YOU ARE AGED BETWEEN 13 AND 18 YEARS OF AGE ON OR BEFORE THE START OF THE PROMOTOINAL EVENT, YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT’S OR LEGAL GUARDIAN’S WRITTEN PERMISSION TO PARTICIPATE IN THE PROMOTIONAL EVENT. IF YOU ARE UNDER THE AGE OF 13 OR BETWEEN THE AGE OF 13 AND 18 BUT DO NOT HAVE YOUR PARENT’S OR LEGAL GUARDIAN’S WRITTEN PERMISSION TO PARTICIPATE, GUNGHO WILL IMMEDIATELY REJECT YOUR ENTRY APPLICATION AND/OR DISQUALIFY YOU FROM THE PROMOTIONAL EVENT.
3. Disclaimers. GungHo is not responsible for any incorrect or inaccurate information, whether caused by potential or actual participants in a Promotional Event site or by any of the equipment or programming associated with or utilized on the Promotional Event site or by any technical or human error, which may occur in the processing of registrations, entries into the Promotional Event, or otherwise in connection with the operation of the Promotional Event including, without limitation, any technical limitation or other event that results in the disqualification or loss of ranking status of any participant. GungHo assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure relating to a Promotional Event, or for any theft or destruction of or unauthorized access to, or alteration of, any registration materials or entries. GungHo is not responsible for any problems or technical malfunction of any telephone, network, satellite, cable or lines, computer, on-line-systems, servers or providers, computer equipment, software, failure of e-mail, registrations or entry submissions on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof in connection with a Promotional Event. GungHo not responsible for injury or damage to a participant’s or to any other person's computer related to or resulting from participating, downloading or uploading materials from a Promotional Event site. Any use of robotic, automatic, micro, programmed or like entry methods will void all such entries by such methods, and disqualify any person using such methods. If, for any reason, the Promotional Event, in GungHo’s sole opinion, is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of GungHo which, in the GungHo’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotional Event, GungHo reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotional Event and proceed in such a manner as may be deemed fair and equitable by GungHo, in its sole discretion.
4. Limitation of Liability. IN NO EVENT WILL GUNGHO, NOR ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, AND RELATED COMPANIES, THEIR RESPECTIVE SPONSORS, ADVERTISING OR PROMOTION AGENCIES OR PARTNERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND UNDER ANY THEORY (WHETHER CONTRACT, TORT, WARRANTY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR PRIZES, ARISING OUT OF YOUR PARTICIPATION IN A PROMOTIONAL EVENT OR (B) FOR ANY DAMAGES OF ANY KIND IN EXCESS OF THE LESSER OF: (Y) ANY FEE PAID BY YOU TO PARTICIPATE IN THE PROMOTIONAL EVENT OR (Z) $500. WITHOUT LIMITING THE FOREGOING, EVERY ASPECT OF THE PROMOTONAL EVENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, GUNGHO’S, LIABILITIES ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
5. Publicity. By participating in a Promotional Event, you grant GungHo, its parent, subsidiaries, affiliates, subsidiaries, suppliers, licensors and related companies, their respective sponsors, advertising and promotion agencies and partners permission to use your name, nick-name, gamer tags, characters, photographs, voices, and likenesses in connection with the promotion of any Promotional Event, in perpetuity, throughout the world, and waive any claims to royalty, right, or remuneration for such use, except where prohibited.
6. Release. By participating in a Promotional Event, you hereby waive any and all claims of liability against each of GungHo and its parent, subsidiaries, affiliates, suppliers, licensors and related companies, its sponsors, advertising and promotion agencies and partners, and any of its officers, directors, employees, representatives, and agents, from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of participation in a Promotional Event or the acceptance, use or misuse of a prize (if applicable).
8. Miscellaneous. If any part of these Event Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Event Terms and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. The failure of GungHo to partially or fully exercise any rights or the waiver by GungHo of any breach of these Event Terms by you, shall not prevent a subsequent exercise of such right by GungHo or be deemed a waiver by GungHo of any subsequent breach by you of the same or any other term of these Event Terms. The rights and remedies of GungHo under these Event Terms shall be cumulative, and the exercise of any right or remedy shall not limit a right to exercise any other right or remedy hereunder. Any controversy, claim or dispute arising out of or relating to any Promotional Event shall be governed by and shall be construed and enforced under the laws of the State of California, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. GungHo and each potential and actual participant in a Promotional Event hereby irrevocably consent to the jurisdiction of the courts of the State of California for all purposes in connection with any action or proceeding which arises out of or relates to the Promotional Event, and agree that any action or proceeding instituted under these Rules shall be brought only in the federal or state courts of Los Angeles County, State of California.
9. Sponsor. Each Promotional Event is sponsored by GungHo Online Entertainment America, Inc. located at 2121 Rosecrans Ave # 3390, El Segundo, CA 90245 unless otherwise expressly set forth in the applicable Official Rules.