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UK: Discord Contest Rules
Discord General Rules for UK/EU Prize Draws and Competitions on Social Media
Last Updated December 1, 2023
INTRODUCTION
By entering this promotion, all entrants will be deemed to have accepted these terms and conditions in full (these “General Rules”), and Discord’s “Terms of Service” and Privacy Policy. These General Rules apply to the promotion described in one of Hro’s Discord’s feeds (the “Post”) which hyperlinks these General Rules. The promotion is being run on the social media channel(s) as described in the Post (the “Channel(s)”).All entry instructions set out in the Post form part of these General Rules. Entries submitted in compliance with these General Rules are “Entries” or, individually, an “Entry.” The promotion is operated by The United States Playing Card Company (“USPC”). These General Rules apply to you if you are resident in the UK or the EU. If you are resident in Germany, please refer to the appendix to these General Rules for supplemental terms that apply to you.
The promotion is open to residents of the United Kingdom and the European Union (but excluding residents in Italy) aged 18 or over at the date on which they enter the promotion and who have a valid account on the Channel (an “Account”). If you are resident in Belgium, then you are excluded from the promotion if it is a prize draw however you are permitted to enter if the promotion is a competition (promotions where participants are able to influence, at least in part, the results through personal skill).
You may only enter the promotion if you are acting for purposes that are wholly or mainly outside of your trade, business, craft or profession (a “Consumer”). Accordingly:
you may only enter the promotion for your own domestic, private and non-commercial purposes; and
by entering the promotion you confirm that you are acting as a Consumer.
The following individuals are excluded from entering into the promotion:
Employees of USPC, Warner Bros. Entertainment, Inc, DC Comics and each of these parties’ group companies, affiliates, advertising agencies, public relations agencies, prize suppliers, agents and anyone professionally connected with this promotion, including vendors providing services in relation to the promotion (collectively “Promotional Entities”);
employees, directors, officers and any member of their respective immediate families (and those with whom they live) of the Promotional Entities. “Immediate family” means a spouse, mother, father, in-law, grandmother, grandfather, brother, sister, children and grandchildren.Businesses are not eligible to enter the promotion; and
persons belonging to or affiliated with a professional acting, theatre, or film-making organisation. Professional actors and filmmakers, whether full-time or part-time, are allowed to participate so long as they do not belong to any professional organisations connected with the entertainment industry that would cause USPC to pay the entrant or any other person a fee or any other benefit for taking part in the promotion.
By entering the promotion, you also agree to be bound by USPC’s Terms of Use, available Hro | HRO Marketplace App Terms of Use and you confirm that your Entry will comply such Terms of Use.
Entry opens on the date stated in the Post and closes on the date stated in the Post. Entries received after this time and date will not be eligible to win a prize.
No purchase is necessary to enter the promotion. However, in order to enter the promotion you must have an Internet connection and a valid Account.
ENTRY TO THE PROMOTION
To enter the promotion, you must complete, and comply with, all entry requirements as set out in the Post.
Only one Entry is permitted per person and you may only use one Account to enter. Entries must be made via the Channel and in accordance with the instructions set out in the Post. USPC does not accept entries for the promotion by phone, fax, courier, mail or email.
By entering, you confirm with regard to your Entry:
It is your own original work or you must have all the rights, consents and licences necessary to post or re-post the content. Each Entry must not contain any material that would infringe the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity.
You have the express written consent of any identifiable persons appearing or referenced in your Entry to their Persona (as defined below) being used in the ways set out in these General Rules, including USPC’s right to use your Entry for any future commercial purpose without restrictions other than those restrictions stipulated by applicable law. Upon request, you will obtain written consent of any such persons for USPC in the form identified by USPC. If any person appearing in any Entry is under the age of 18, the written consent and signature of a parent or legal guardian is required.
Your Entry does not refer to, by way of tag, hash tag, “@” or similar linking functionality, any:
person;
names, products or services of any company or entity;
third-party trademarks, logos, copyrights, trade dress; or
promotions of any brand, product, or service,
other than references to yourself, USPC or any references as instructed in the Post.
Your Entry is appropriate for public viewing, and your Entry is not lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, slanderous, libellous or otherwise. Your Entry must also not disparage or cast a negative light on any person, entity, or brand, product, or service.
Your Entry complies with all of the Channel’s requirements and terms regarding the use of their services.
Your Entry complies with the requirements set out under these General Rules.
By entering, you grant to USPC a perpetual, exclusive, worldwide, royalty-free, transferrable license (unless perpetual licenses are prohibited under applicable law of your jurisdiction, in which case the term of license shall be the maximum time period permitted under applicable law) to reproduce your Entry and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the Entry in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of commercial or trade purposes, advertising, and promotion as USPC and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, you hereby waive any moral rights you may have in any Entry in favour of USPC to the maximum extent permitted by applicable law.
By submitting your Entry, you also grant USPC a worldwide, perpetual, transferable right (unless perpetual rights are prohibited under applicable law of your jurisdiction, in which case the term of this right shall be the maximum time period permitted under applicable law), but not the obligation, to use any and all names, identities, social media handle, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the Entry and/or image (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
WINNERS
AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL USPC HAS COMPLETED ITS VERIFICATION OF ENTRANT’S ELIGIBILITY AND ENTRANT COMPLIES WITH THESE GENERAL RULES AND ANY OTHER APPLICABLE RULES.
The entry mechanics are as set out in the Post, which shall include (amongst other things) information on: (a) whether the promotion is a competition or a prize draw; (b) how and when to enter the promotion; (c) in the case of a competition, the entry criteria and mechanisms; (d) the number of guaranteed winners; (e) the date winners will be selected and the dates winners will be notified (if different); and (f) a description of the prizes.
If the promotion is a prize draw, winner(s) will be selected by a randomised computer programme. If the promotion is a competition, winner(s) will be selected under the supervision of at least one independent adjudicator.
Winners will be notified by USPC, or its designated representative, via direct message on the Channel. USPC will provide information on how to claim prizes upon this notification. Entrants must adjust their Account settings to allow for receipt of messages from USPC. For this purpose, entrants must set their Account settings to “Public” and/or take any further necessary steps to ensure receipt of any communication from USPC. It is entrant’s sole responsibility to take any steps necessary to adjust their Account settings to permit entrant to receive messages from USPC. Any entrant’s failure or inability to receive any message(s) from USPC for any reason will be deemed a failure by such entrant to comply with these General Rules, and such entrant will be disqualified from the promotion.
THE PRIZES
The Post will set out the total number of prizes and the nature of the prizes. If the exact number of prizes cannot be predetermined, the Post will provide a reasonable estimation of the number of prizes and flag that this is an estimation.
CONDITIONS
In the event that USPC is unable to contact a winner within 7 working days of notification under paragraph 14 or the winner does not provide all the information required by USPC, USPC reserves the right to award the prize to an alternative winner selected: (a) for prize draws, by randomised computer program; and (b) for competitions, in accordance with the entry mechanics as referred to in paragraph 11.
The prizes will be awarded in accordance with the Post and as communicated to winners. In any event, the prize(s) will be delivered within [30] working days from a valid acceptance of the prize.
No cash alternative. Prizes are non-transferable and cannot be resold., and USPC reserves the right to substitute an alternative prize of equal or greater value (unless prohibited under applicable law of your jurisdiction). Unless otherwise agreed in writing by USPC, the prize will only be awarded to the winner, however a winner may waive the right to receive the prize.
Each winner agrees to take part in reasonable publicity as may be required by USPC in respect of the promotion (unless prohibited under applicable law of your jurisdiction).
No entries from agents, third parties, syndicated entries or those made using methods such as a computer macro, script or the use of automated devices are permitted and no bulk entries.
All costs and expenses not included within the prizes (including any applicable taxes) are the responsibility of the winner(s) (unless prohibited under applicable law of your jurisdiction).
Prizes not claimed by eligible entrants in accordance with these General Rules will not be sent to the entrant and will remain the property of USPC. USPC may require winners to complete, sign, and return a Consent Form/Liability Release/Publicity Release and other applicable documents (unless prohibited under applicable law of your jurisdiction). All required documents must be completed and returned to USPC within 7 days of the date and time listed on the documents.
USPCreserves the right at any time, in its absolute discretion, to:
verify the eligibility of any entrant (including their age and place of residence);
disqualify any entrant found to be abusing or tampering with the operation of the promotion or entering using fraudulent means, or who breaches these General Rules;
disqualify any entrant found to be in breach of any terms of service applicable to the Channel, or who have had their Account suspended or withdrawn during the promotion;
disqualify entrants who do not give correct contact details or those who make an entry on someone else's behalf; and
disqualify any entrant posting an entry or a comment to the USPC’s Channel that is, in USPC’s opinion, inappropriate, offensive or upsetting to other entrants, fans of USPC or contrary to applicable law, and to remove any such entry or comment.
LIABILITY
The promotion is not in any way sponsored, endorsed or administered by, or associated with the Channel, Warner Bros. Entertainment, Inc., or DC Comics. Entrants acknowledge that these third parties shall not have any liability to them in connection with the promotion.
Save as set out in paragraphs 25 and 27, if USPC fails to comply with these General Rules, it will be responsible for loss or damage entrants suffer that is a foreseeable result of USPC’s breach of these General Rules. USPC is not responsible for any loss or damage that is not foreseeable.
USPC shall not be liable for: (i) any failure to comply with these General Rules as a consequence of events beyond its reasonable control including without limitation, any failure of communication networks as a consequence of any circumstances beyond the reasonable control of USPC; and/or (ii) any loss of profits, loss of revenue or other economic loss or any indirect or consequential loss.
Except as otherwise required by applicable law, USPC accepts no responsibility or liability for any Entry or claim which for technical or other reasons is unsuccessful, incomplete, irregular, lost, late, damaged, corrupted, misdirected or otherwise not received.
To the maximum extent permitted by applicable law, USPC’s total liability to any entrant for any loss or damage arising out of or in connection with these General Rules, whether in contract (including under any indemnity), tort (including negligence) or otherwise will be limited to £100.Your statutory rights are not affected.
GENERAL
Except as otherwise prohibited by applicable law, any decision of USPC in respect of the promotion is final. For questionsregarding the promotion, email [email protected].
Except as otherwise prohibited by applicable law, USPC reserves the right to extend, withdraw, alter or suspend the promotion or to amend these General Rules at any time if circumstances beyond its control make this unavoidable.
All personal data submitted in connection with the promotion will be processed by USPC for the purposes of administering and managing the promotion, the award of prizes (where applicable), verifying the eligibility of an entrant and exercising its rights under these General Rules. Data that is collected from or about entrants will be used in accordance with USPC’s Privacy Policy, a copy of which can be found here: USPC’s Privacy Policy.
Except as otherwise prohibited by applicable law, by entering the promotion each entrant gives USPC permission to publish their surname, county and country of residence if they are a winner of one of the prizes unless the entrant notifies USPC that they do not wish us to make these details available. Please note that USPC will nonetheless be required to provide the names of all prize winners to the UK Advertising Standard Authority (or local country equivalent) if requested to do so.
Any images are an illustrative example and do not show the exact prize(s).
These General Rules are governed by English law. This means that your entry into the promotion and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection therewith will be governed by English law.
Despite what is written in section 33, if you are resident in the UK or the EU and we direct the promotion to your country of residence:
you may bring any dispute which may arise under these General Rules to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or the EU, which courts are (with the exclusion of any other court) competent to settle any such a dispute; and
we will bring any dispute which may arise under these General Terms to the competent court of your country of habitual residence if this is within the UK or EU or otherwise the competent court of England.
If you are resident in the UK or the EU and we direct the promotion (and/or pursue our commercial or professional activities in relation to the promotion) to the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these General Rules, including paragraph 34, affects your rights as a Consumer to rely on such mandatory provisions of local law.
Each of the paragraphs of these General Rules operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
The United States Playing Card Company is a company registered in Delaware in the United States whose principal place of business is 300 Gap Way, Erlanger, KY 41018, United States.
APPENDIX FOR GERMAN RESIDENTS
This Part 2 only applies to you if you reside in Germany. Part 2 supplements the General Rules and any section of the General Rules not amended by this Part 2 shall continue to apply. Part 2 shall prevail in case of any contradiction to the General Rules. When USPC refers to the “General Rules”, this reference includes this Part 2 for German residents.
Section
Proposed modification
Section 18
Sentences 2 and 3 of section 18 shall be deleted.
Section 19
Section 19 shall be deleted.
Section 23
The wording “at any time, in its absolute discretion,” in the first half sentence of section 23 shall be deleted.
Section 23
The following sub-section shall be added as section 23(f) to section 23:
Prior to exercising its rights in section 23(b)-(e), USPC shall take into account all circumstances of your case, in particular any fault (Verschulden) on your end, and weighing up the interests of both parties and only disqualify you if after this examination it would be unreasonable (unzumutbar) for USPC to continue your participation in the relevant promotion. Besides, prior to exercising this right, USPC will give you a warning notice (Abmahnung) specifying the alleged breach and granting you (7) days from receipt of such notice within which you can cure such breach. USPC is entitled to exercise these rights without a warning notice if the alleged breach cannot, by its nature, be reasonably cured or if USPC cannot be reasonably expected to wait out a remedy period under the given circumstance.
Section 24 – 28
Sections 24 – 28 shall be replaced as follows:
24. The promotion is not in any way sponsored, endorsed or administered by, or associated with the Channel, Warner Bros. Entertainment, Inc., or DC Comics.
25. Subject to the provisions in section 26, USPC’s liability for damages shall be limited as follows:
USPC shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the contract in respect of damages caused by a slightly negligent breach of a material contractual obligation (i.e. a contractual duty the fulfilment of which is essential for the proper execution of the contract, the breach of which endangers the purpose of the contract and on the fulfilment of which a customer like you regularly relies on);
USPC shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
26. The aforesaid limitation of liability shall not apply to any mandatory statutory liability (in particular to liability under the German Product Liability Act), liability for assuming a specific guarantee or liability for damages caused by willful misconduct or gross negligence, or any kind of willfully or negligently caused personal injuries.
27. You shall take reasonable measures to mitigate and/or to avoid damages, including, in particular, an obligation for you to make back-up copies of data on a regular basis and to carry out security checks (in particular for the purpose of defending or detecting viruses, malware and other disruptive programs within your own IT-system).
28. To the extent USPC’s liability is limited or excluded, the same shall apply in respect of any personal liability of USPC’s legal representatives, employees and vicarious agents.
Section 30
Section 30 shall be deleted.
Section 32
Section 32 shall be deleted.
Section 34
The governing law in section 34 shall be German law.