Giveaway Terms and Conditions
Please read these Terms and Conditions (“Terms”) before participating in the Giveaway. Participation in the Giveaway constitutes participant’s full and unconditional agreement to and acceptance of these Terms and represents that participant satisfies all of the requirements set forth below. The Giveaway is organized by Nordeus Limited (“Sponsor”), a wholly owned subsidiary of Take-Two Interactive Software, Inc. Sponsor’s address is Ground Floor, Two Dockland Central Guild Street, North Dock, Dublin 1, D01 K2C5, Ireland. Initially capitalized terms will have the meaning given to them in these Terms unless the context requires otherwise.
1. How to Participate.
1.1 To participate in the Giveaway, you must have an account on the social media platform on which the Announcement Post is published by Publisher (“Social Platform”) and, while logged into that account, post a comment on the Announcement Post that satisfies the Entry Requirements during the Giveaway Period (the “Social Post”). If you do not have an account on the Social Platform, you can create one for free by visiting the Social Platform and following the account sign up instructions.
1.2 Each Giveaway that is subject to these Terms will be announced by Sponsor publishing a post on its official social media account on the Social Platform (“Sponsor Profile”) that includes a link to these Terms and details the Entry Requirements (“Announcement Post”).
1.3 Only Social Posts that satisfy the requirements specified in the Announcement Post (“Entry Requirements”) and are posted by individuals who meet the eligibility requirements set out in Section 2 below will be considered as valid entries to the Giveaway and entered into the Random Draw.
1.4 You may post multiple Social Posts, but only your first Social Post that meets the Entry Requirements and that is submitted during the Giveaway Period will be entered into the Random Draw. Posting multiple Social Posts will not increase your chances of winning a Reward. Your chance of winning a Reward will depend upon the number of eligible Social Posts received during the Giveaway Period and the total number of potential winners listed in the Announcement Post.
1.5 Sponsor reserves the right to cancel or modify the Giveaway in its sole discretion.
2. Eligibility. Open only to legal residents of any of the territories in which Top Eleven: Be a Football Manager (the “Game”) is made available (“Eligible Countries”), who are at least 18 years of age as of the date on which the Giveaway begins. Employees, officers and directors of Sponsor and its parent company, subsidiaries, affiliates, partners, advertising and promotions agencies, manufacturers or distributors of materials used in connection with the Giveaway and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to participate in the Giveaway. All federal, provincial, state and local laws and regulations apply.
3. Start/End Dates. The Giveaway begins on date, and at the time, on which the Announcement Post is published by Sponsor on the Social Platform and (unless otherwise stated in the Announcement Post) ends at 23:59:59 CEST on the date that is seven (7) days later (“Giveaway Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.
4. Winner Determination.
4.1 On the next Business Day after the Giveaway Period ends, all of the eligible Social Posts will be entered into a random draw during which Sponsor will randomly choose the number of winners listed in the Announcement Post from all of the eligible Social Posts submitted in accordance with these Terms (“Random Draw”).
4.2 Sponsor’s decisions are final and binding in all matters relating to the Giveaway, including, but not limited to, the interpretation and application of these Terms. By entering the Giveaway, participants fully and unconditionally agree to be bound by these Terms and Sponsor’s decisions, which will be final and binding in all matters relating to the Giveaway.
4.3 As used in this Section 4, “Business Day” means a day, other than a Saturday, Sunday, or public holiday in Serbia on which banks are generally open for business in Belgrade, Serbia.
5. Rewards.
5.1 The winners of the Random Draw will be the individuals who posted the Social Posts selected by Sponsor during the Random Draw. Each winner will receive the in-game rewards specified in the Announcement Post, or where different rewards are awarded depending on the order in which the Social Posts are selected by Sponsor, the prize that corresponds to the order in which the winner’s Social Post was selected by Sponsor (“Reward”).
5.2 The Reward has no monetary value, may not be used outside of the Game and must only be used in accordance with Sponsor’s Terms of Service, located at https://nordeus.com/terms-of-service. Any tax obligations (if any) are the responsibility of the winner.
6. Winner Notification.
6.1 The winners of the Giveaway will be announced on the Sponsor Profile within five (5) days of the Giveaway Period ending and will be contacted by Sponsor within five (5) days of that public announcement via direct message to the account on the Social Platform they used to enter the Giveaway. In order to redeem their Reward, each winner will need to provide Sponsor with their User ID for the Game following the instructions set out in Sponsor’s direct message within five (5) days of Sponsor’s direct message.
6.2 Winners may also be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) within ten (10) days of Sponsor’s direct message. If any winner is considered a minor in their country of residence, the Affidavit must be signed by their parent or legal guardian.
6.3 If any winner is a legal resident of Canada, they will also be required to correctly answer without assistance of any kind a time-limited, mathematical skill-testing question prior to being able to claim a Reward. Failure to answer the question correctly within the time period specified, as determined by Sponsor in its sole discretion, will result in their forfeiture of the Reward.
7. Reward Forfeiture. If any winner does not provide their User ID within five (5) calendar days of Sponsor’s direct message, fails to sign and return an Affidavit within ten (10) days of Sponsor’s direct message (if requested), if any Reward or direct message is undeliverable, if any winner is resident in Canada and incorrectly answers the time-limited skill-testing question referred to above, if any winner rejects their Reward, or in the event of non-compliance with these Terms, such Reward will be forfeited. Upon Reward forfeiture, no compensation will be given.
8. Conditions.
8.1 Any and all federal, state and local taxes (if any) are the sole responsibility of the relevant winner. Each winner understands that Sponsor will be entitled to use the winner’s name, address (city and state), likeness, Social Platform profile picture, information, and username for the purposes of announcing the winners of the Giveaway without notice or additional compensation, except where prohibited by law.
8.2 By participating in the Giveaway, participants agree to release and hold harmless Sponsor, the Social Platform, and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Giveaway, or possession, acceptance and/or use or misuse of the Reward or participation in any Giveaway-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action.
8.3 Participants who do not comply with these Terms, or who attempt to interfere with the Giveaway in any way will be disqualified. Sponsor is not responsible if the Giveaway cannot take place or if any Reward cannot be awarded due to delays or interruptions due to natural disasters, weather, acts of war, acts of terrorism, or any other reason beyond Sponsor’s reasonable control. The Giveaway is in no way sponsored, endorsed, or administered by, or associated with the Social Platform.
9. Fair Play.
9.1 Any attempted form of participation in the Giveaway other than as permitted by these Terms is prohibited. No automatic, programmed, robotic or similar means of participation are permitted. Any individual who posts or shares any racist, homophobic, transphobic, xenophobic, vulgar, pornographic, threatening, misogynistic, defamatory, or otherwise offensive (as determined by Sponsor in its absolute discretion) comment or imagery on the Sponsor Profile, or who annoys, abuses, threatens or harasses (as determined by Sponsor in its absolute discretion) any other Social Platform user on the Sponsor Profile or any Sponsor representative, may be disqualified from the Giveaway.
9.2 The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of participation information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed device transmissions which may limit one’s ability to enter the Giveaway, including any injury or damage to participant’s or any other person’s device relating to or resulting from participating in the Giveaway or downloading any materials in connection with the Giveaway.
9.3 Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend the Giveaway should (in its sole discretion) any virus, bugs, non-authorized human intervention, fraud or other cause beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway.
9.4 Sponsor reserves the right, at its sole discretion, to disqualify any participant it determines, in its sole discretion, has tampered with the participation process or the operation of the Giveaway or Game or who has otherwise affected the ability of other participants to participate in the Giveaway. Sponsor may prohibit any participant from participating in the Giveaway or winning any Reward if, in its sole discretion, it determines that such participant is attempting to undermine the legitimate operation of the Giveaway.
9.5 CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE THE GAME OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY PARTICIPANT’S ACCESS TO AND USE OF THE GAME OR ANY WEBSITE OR SERVICE ASSOCIATED WITH THIS GIVEAWAY AND/OR PARTICIPATION IN THE GIVEAWAY, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE GIVEAWAY. WITHOUT LIMITING THE FOREGOING, THIS GIVEAWAY AND ALL REWARDS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL PARTICIPANTS. EACH PARTICIPANT SHOULD CHECK THEIR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Data Protection. Any personal data submitted to, or collected by, Sponsor or its data processors in connection with the Giveaway will be processed by Sponsor and/or its data processors in accordance with Sponsor’s privacy policy for the purposes of conducting, administering and marketing the Giveaway. Please read Sponsor’s privacy policy at https://nordeus.com/privacy-policy/. By participating in the Giveaway, you hereby acknowledge that: (i) you have read and understood Sponsor’s privacy policy; and (ii) Sponsor has a valid legitimate interest in processing your personal data for these purposes.
12. Governing Law and Jurisdiction. The Giveaway is organized under and is subject to the laws of England and Wales. These Terms are governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of, or in connection with, these Terms.