OFFICIAL RULES
Please read these rules before entering the sweepstakes (the “Sweepstakes”). By entering and participating in the Sweepstakes, you (or, if you are a minor/below the age of majority in your place of residence, your parent or legal guardian on your behalf) agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements set forth below.
Sweepstakes may only be entered in or from [(a) the fifty (50) United States and the District of Columbia; and (b) Europe (excluding Italy, Poland, Portugal, Russia and Ukraine)] (the “Eligible Jurisdictions”) and entries originating from any other jurisdiction are not eligible for entry.
1. How to Enter. During the Sweepstakes Period (defined below), log onto your Twitter account and follow the links and instructions to become a follower of Sponsor’s page on Twitter, located at @FallGuysGame (“Sponsor’s Twitter Page”). Simply retweet the official Sweepstakes tweet (“Sweepstakes Tweet”) with the hashtag #FallGuysAnniversaryCustomXboxGiveaway. You must be an active holder of a non-private Twitter account and be a follower of Sponsor’s Twitter Page to be eligible to enter the Sweepstakes (i.e., you must make sure your tweets are set to “public” and not “private”). You must have a Twitter account to enter. Entrants can return their accounts to “private” and “unfollow” Sponsor’s Twitter Page any time after the end of the Sweepstakes Period. If you do not have a Twitter account, you can create one by visiting www.twitter.com. Twitter accounts are free.
If you choose to enter using your mobile device, standard data fees may apply. You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.
2. Submissions. All entry information and Sweepstakes Tweets shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below.
By entering, each entrant warrants and represents the following with respect to entrant’s Submission: (a) entrant is the sole and exclusive owner of the Submission and entrant has all appropriate rights, powers and authority to grant Sponsor all licenses to the Submission as set forth herein; (b) the Submission will not infringe on any rights of any third parties.
As a condition of entry, each entrant (and, if an eligible minor, such entrant’s parent or legal guardian) hereby grants to Sponsor a non-exclusive, perpetual (or for the duration of protection of rights where perpetuity is void), irrevocable, worldwide, transferable, sublicensable, and royalty free license to use, modify, reproduce, prepare derivative works of, distribute, perform, and display the Submission in any and all media or technology throughout the world, now known or later developed, but only in connection with publicizing the Sweepstakes. ENTRANTS WILL NOT BE SPECIFICALLY PAID FOR THEIR SUBMISSIONS or for granting Sponsor any of these rights. While Sponsor will seek to post the Submission in the form as provided at the time of entry, each entrant (and, if an eligible minor, such entrant’s parent or legal guardian) agrees that due to technical limitations and internal standards, such entrant’s Submission may be altered from its original form and that Sponsor reserves the right to modify the Submission in its sole discretion, including adding its logo or other trademarks. Sponsor may post Submissions in any order or sequence, with or without commentary, and may select an image to serve as a thumbnail in its sole discretion.
Limit one (1) Submission per person. Entrants are not permitted to submit a Submission more than once during the Sweepstakes Period. Duplicate Submissions by the same person will be subject to disqualification. All terms and conditions of Twitter.com website apply. Multiple entrants are not permitted to share the same Twitter account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Twitter accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification; In the event of a dispute as to any Twitter account, the authorized account holder of the email address used to register on the platform will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential Winner (as defined below) may be required to show proof of being the authorized account holder.
3. Disclaimer. Sponsor will not be responsible for (a) any late, lost, misrouted, garbled or distorted, inaccurate, incomplete or damaged transmissions or entries, if not directly caused by the gross negligence or willful misconduct of Sponsor; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures, if not directly caused by the gross negligence or willful misconduct of Sponsor; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the control of Sponsor; or (d) any printing or typographical errors in any materials associated with the Sweepstakes.
Receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules. Entrants must comply with the applicable laws, decrees, regulations and guidelines of their Eligible Jurisdiction, and Sponsor will have no obligation to change or modify any of these Official Rules or take any further action as a result of such laws, decrees, regulations or guidelines of any Eligible Jurisdiction, except as is otherwise provided in these Official Rules.
4. Sweepstakes Entry Start/End Dates. The Sweepstakes begins at 6:00 PM British Standard Time (“BST”) on August 5, 2022 and ends at 11:00 AM BST on August 8, 2022 (“Sweepstakes Period”).
5. Eligibility. Participation open only to legal residents of (i.e., entrants who have a registered address in) the Eligible Jurisdictions, who are at least thirteen (13) years of age; provided, that if an entrant is a minor/below the age of majority in such entrant’s place of residence, such entrant must have permission from a parent or legal guardian in order to participate in the Sweepstakes. Void outside the Eligible Jurisdictions or where otherwise prohibited, taxed or restricted by law or international public policy, or where registration, filing or notice requirements may exist. Employees, officers and directors of Epic Games, Inc. (“Sponsor”) and Microsoft Corporation and their respective parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials, content providers, producers and distributors of content and their immediate families (parents, children, siblings, spouse, uncles, aunts, nephews, nieces, grandparents, and in-laws, regardless of where they live) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter. You are not authorized to participate in the Sweepstakes if you are not located within the Eligible Jurisdictions. All applicable federal, state, provincial and local laws and regulations apply.
6. Submission Guidelines and Content Restrictions: By entering the Sweepstakes, each entrant agrees that entrant’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Sweepstakes if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
Submission Guidelines:
Content Restrictions:
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
Sponsor’s decisions are final and binding in all matters relating to the Sweepstakes, including, but not limited to, interpretation and application of these Official Rules. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules. Additionally, entrants must sign and return the Prize Release (as defined below) as requested by Sponsor to perfect the grant of rights in favor of Sponsor with respect to entrant’s Submission pursuant to the terms indicated in these Official Rules, if necessary. Sponsor may further require verification of Submissions through a procedure solely determined by Sponsor, in its sole discretion.
By entering, each entrant (and, if an eligible minor, such entrant’s parent or legal guardian) warrants that such entrant’s Submission does not infringe any third party’s rights, and that such entrant has obtained any necessary permissions from all relevant third parties to submit such entrant’s Submission. Each entrant (and, if an eligible minor, such entrant’s parent or legal guardian) hereby agrees to indemnify Sponsor against any and all claims from any third party for any use by Sponsor of such entrant’s Submission. Although Sponsor is not reviewing Submissions for copyright violations, if, in the sole discretion of Sponsor, it is believed an entrant’s Submission constitutes or may constitute copyright infringement, such Submission will be disqualified.
7. Random Drawing/Odds. One (1) potential winner (“Winner”) will be selected in a random drawing from all eligible entries received on or about August 8, 2022. Odds of winning depend on the number of eligible entries received for the drawing. Drawing will be conducted by Sponsor. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules.
8. Prize(s). One (1) Winner will each be awarded the following:
Approximate Retail Value (“ARV”): USD $299 / GPB £243.79 / €282.37 *.
1 USD = 0.815370 GBP (28th June 2022)
1 USD = 0.944404 EUR (28th June 2022)
*Euros conversion provided for informational purposes only, based on exchange rates as of 28th June 2022
Winner is not entitled to any surplus between actual retail value of prize and ARV and any difference between approximate and actual value of the prize will not be awarded.
Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. If any prize or prize notification is returned as undeliverable, or a potential Winner does not respond within seven (7) days of notification, or refuses to execute an applicable document, prize will be forfeited and awarded to an alternate Winner. All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
AWARD OF PRIZES TO POTENTIAL WINNER ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT IT COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL OR OTHER TAX REPORTING LAW OR REGULATIONS IN THE UNITED STATES AND IN THEIR RESPECTIVE JURISDICTION. ALL PRIZES WILL BE NET OF ANY TAXES SPONSOR IS REQUIRED BY LAW TO WITHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. Refusal by any entrant to submit such documentation or complete any required forms or obligations shall result in such Winner forfeiting the prize, leaving it unclaimed.
Limit one (1) prize per person or household.
9. Notification. Potential Winner(s) will be notified on or about August 8, 2022 by an appropriate method, as described below, and may be required to sign and return, where legal, a Prize Acceptance and Release Form (“Prize Release”) within the time period specified below. If any potential Winner is considered a minor in his/her jurisdiction of residence, the Prize Release must be signed by his/her parent or legal guardian.
FOR RESIDENTS OF FRANCE, GREECE, AND BELGIUM ONLY: Each potential Winner will receive a Publicity Release Form designed to obtain his/her free consent to use his/her full name, likeness, city of residence and Submission for promotional purposes and without additional compensation. In any case, a lack of consent does not prevent such potential Winner from receiving the prize.
Potential Winner will be notified by a retweet or reply to potential Winner’s Submission and/or a Twitter direct message (note: in order to receive such direct message, potential Winner (a) must be following Sponsor’s Twitter Page; and (b) may have to have his/her Tweet Privacy settings “unchecked”).
Upon formal notification from Sponsor, a potential Winner shall have seventy-two (72) hours from the date such notice was sent to respond and provide any information or materials requested by Sponsor, including the Prize Release, for purposes of verification of eligibility. The date of receipt by Sponsor shall be decisive for a potential Winner’s compliance with the deadlines set forth in this section. The failure by such entrant to timely respond to any notification may result in such entrant’s disqualification as a potential Winner, in which case such Entrant shall not be entitled to win any prizes in connection with the Sweepstakes. In such cases, Sponsor may randomly select an alternate potential Winner from among the remaining Submissions.
Without limiting the foregoing, an alternate potential Winner may be randomly selected from the remaining Submissions if a potential Winner: (a) cannot be reached; (b) fails to obtain all signatures on the Prize Release and to return the document in a timely manner as required pursuant to these Official Rules; or (c) cannot or will not accept or receive the prize for any reason.
A potential Winner will only be deemed a Winner once the verification process has been completed by Sponsor pursuant to these Official Rules.
Sponsor may withhold tax payments on a Winner’s behalf in its reasonable discretion, using the applicable backup withholding rates, or if required by law or treaty. However, a Winner is ultimately responsible for any taxes due in connection with any awarded prize he/she receives from Sponsor pursuant to such Winner’s participation in the Sweepstakes. Each Winner must provide Sponsor with (y) such Winner’s banking information, as requested by Sponsor, and (z) a completed W-9, W-8BEN, or W-8BENE tax form, including, if necessary, such Winner’s U.S. or foreign Taxpayer Identification Number (TIN), as appropriate based on such Winner’s circumstances. Sponsor will not be responsible for any failure to award any prizes in connection with the Sweepstakes arising from incomplete, incorrect, or out of date payment or tax information. Winners should please consult their tax advisors if they have questions on the taxability to them in connection with the Sweepstakes.
10. Conditions. BY PARTICIPATING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE NON-EXCLUDABLE GUARANTEES (DEFINED BELOW), EACH ENTRANT AND WINNER (OR, IF A MINOR/BELOW THE AGE OF MAJORITY IN SUCH ENTRANT’S/WINNER’S PLACE OF RESIDENCE, SUCH ENTRANT’S/WINNER’S PARENT OR LEGAL GUARDIAN ON SUCH ENTRANT’S/WINNER’S BEHALF) AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, MICROSOFT CORPORATION, TWITTER, AND EACH OF THEIR ADVERTISING AND PROMOTIONS AGENCIES, CONTENT PROVIDERS, PRODUCERS AND DISTRIBUTORS OF CONTENT, 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 SWEEPSTAKES, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF A PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES-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. Any and all federal, provincial, local, state and local taxes are the sole responsibility of the Winners. Participation in the Sweepstakes and acceptance of a prize constitutes each Winner’s permission for Sponsor to use his/her name, address (city and state/province/territory), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each Winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants who do not comply with these Official Rules or attempt to interfere with the Sweepstakes in any way shall be disqualified. Entrants acknowledge and agree that their participation in the Sweepstakes are not and do not create any confidential, fiduciary, employment, agency or other special relationship between entrant and Sponsor. Subject to the Non-Excludable Guarantees, Sponsor is not responsible if the Sweepstakes cannot take place or if any prize cannot be awarded due to any event beyond Sponsor’s control, including, but not limited to, travel cancellations, delays or interruptions due to acts of God, acts of war, acts of terrorism, any act of governmental or military authorities (foreign or domestic), outbreak of disease or other public health hazard, natural disasters, weather, or labor dispute or strike.
11. Additional Terms. Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. To the extent permitted by applicable law, and subject to the Non-Excludable Guarantees, 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 entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in the Sweepstakes or downloading any materials in the Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend the Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its reasonable control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes and/or as a result of any applicable law, regulation, decree or guideline. In such case, Sponsor may select the Winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. If Sponsor decides to cancel or modify the Sweepstakes in accordance with these Official Rules, it will provide a notice of such cancellation or modification via Sponsor’s Twitter Page. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web site. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Limitation of Liability; Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, 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 ACCESS TO AND/OR USE OF ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES AND/OR THE SWEEPSTAKES ITSELF AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES AND ALL PRIZES 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 DO NOT ALLOW (a) THE EXCLUSION OF IMPLIED WARRANTIES ON APPLICABLE STATUTORY RIGHTS; AND (b) LIMITATIONS ON A CONTRACTING PARTY’S LIABILITY WITH REGARDS TO DAMAGES OR DEATH CAUSED DUE TO ITS NEGLIGENCE OR INTENTIONAL MISCONDUCT, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN SOME CASES. THIS LIMITATION MAY NOT BE ENFORCEABLE IN ALL JURISDICTIONS AND THEREFORE MAY NOT APPLY TO ALL ELIGIBLE PARTICIPANTS. FURTHER, NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS AND CONDITIONS TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. Disputes; Governing Law. To the fullest extent permitted by law, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. The parties irrevocably submit and consent to the exclusive jurisdiction of the Superior Court of Wake County, North Carolina, or, if federal court jurisdiction exists, the United States District Court for the Eastern District of North Carolina. The parties agree not to raise the defense of forum non conveniens.
14. Use of Data. The information entrants provide will be used only in accordance with Sponsor’s privacy policy, located at https://www.epicgames.com/privacypolicy.
15. Name of Winner/List of Winners. To obtain a list of winners including country and/or city and state/other jurisdiction of residence, as applicable, send a self-addressed, stamped envelope with sufficient postage to: Fall Guys Anniversary Giveaway-Winners List, Epic Games, Inc., 620 Crossroads Blvd, Cary, NC 27518. Requests must be received no more than ninety (90) days after the end of the Sweepstakes.
16. Sponsor. Mediatonic Limited, with registered address at Octagon Point, 5 Cheapside, London, United Kingdom, EC2V 6AA (Company number 05565220).
If one or more provisions of these Official Rules shall be found invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Official Rules shall not be affected in any way thereby.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO TWITTER.
These Official Rules and any changes to the Official Rules will be posted online at: fallguys.com/legal/fall-guys-anniversary-giveaway