Memorable Moments Screenshot Promotion – Terms & Conditions

SEGA OF AMERICA, INC.

STANDARD PROMOTION RULES

NO PURCHASE REQUIRED TO ENTER OR WIN.

A PURCHASE OF ANY KIND WILL NOT INCREASE CHANCES OF WINNING.

VOID WHERE PROHIBITED

1. Definitions:

“Sponsor” means SEGA OF AMERICA, INC., 140 Progress, Suite 100, Irvine CA 92618.

“Entry” or “Entries” means an activity or set of activities directed by the Sponsor as described in the Promotion Details and completed and/or submitted by a Participant as part of a Promotion.

“Participant” means an eligible individual submitting an Entry or a set of Entries to participate in the Promotion, subject to “Participant Eligibility” described in the Promotion Details, and who has never been banned or suspended, or had an account banned or suspended, for hacking or similar violations of Sponsor’s license agreements and/or Sponsor’s Privacy Policy (https://privacy.sega.com/en/sega-of-america-inc-privacy-policy). Participants under the age of majority in their jurisdiction of residence must have their parent or legal guardian’s permission to participate in the Promotion and must provide evidence of such permission to Sponsor in whatever form required if requested by Sponsor. Employees, officers and directors of Sega of America, Inc. and service providers associated with the Promotion, Sponsor’s and such service providers’ its respective affiliated companies, agents thereof, the immediate family of any such person (defined as parents, children, siblings and husband or wife), or those with whom such person(s) are domiciled, are not eligible to participate. The Promotion is void where prohibited.

“Promotion” means the promotional event held by the Sponsor as described in the Promotion Details.

“Promotion Details” means the specific information about the Promotion provided by the Sponsor subject to and referencing these Rules.

“Promotion Period” means the time period that Entries for the Promotion are accepted, as specified by the Sponsor in the Promotion Details. The Sponsor’s computer or that of its designee is the official timekeeper for this Promotion Period. Entrants are responsible for determining the appropriate beginning and ending times in their respective time zones.

“Rules” means these Standard Contest/Giveaway Rules.

2. Agreement to these Rules: This Promotion is subject to all applicable federal, provincial and municipal laws.  Void where prohibited by law.  Participation in the Promotion constitutes the Participant’s full and unconditional agreement to and acceptance of these Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

3. Content Guidelines. All Entries submitted to Sponsor as part of the Promotion must comply with the following:

a. Not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement;

b. Not in any way disparage Sponsor, any of its products or services, the Promotion, or any person or party affiliated with the Promotion, or alternatively appear to promote any direct competitor of Sponsor;

c. Not contain text or imagery that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor in its sole discretion);

d. Not include threats (expressed or implied) to any person, place, business, or group;

e. Not violate the privacy rights or any other rights of any person, business, or group;

f. Not name or depict any real life third party without his/her permission;

g. Not contain text or imagery that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and

h. Not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the image is created.

Any Entry that violates the above guidelines will not be eligible to be judged or awarded a prize. Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected Entry, which will be disqualified/not counted (as applicable), or for any error, whether human, technical or otherwise.  Sponsor reserves the right in its sole discretion to disqualify any Participant it finds to be tampering with the operation of the Promotion, such as using automated submission or image generation software, or to be acting in violation of these Standard Contest Rules. Any inappropriate content (both visual and verbal) will be disqualified, and the Sponsor reserves the right to immediately ban the Participant from the applicable platform. In the event of a dispute as to the identity of a Participant, the authorized account holder of the account that is used to participate in the Promotion will be deemed to be the Participant.  The “authorized account holder” is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address registered for the account.

4. How to Participate; Entry Timing: To participate in the Promotion, Participant must submit an Entry or set of Entries during the Promotion Period in accordance with Sponsor’s specifications as announced at the start of the Promotion Period. Incomplete Entries will be disqualified. Participant may not enter more times than indicated in the Promotion Details by using multiple email addresses, identities, or devices in an attempt to circumvent the Rules. Entries that are submitted before or after the Promotion Period will be disqualified. Sponsor’s computer will be the official timekeeping device for the Promotion. Participants are responsible for calculating the difference in time zones.

5. Prizes: All prizes are subject to the terms described in the Promotion Details.  Sponsor shall announce the prizes at the start of the Promotion Period. The potential prize winners may be asked to submit additional personal information in order to confirm eligibility and award the prize. Potential prize winner may also be asked to sign an Affidavit of Eligibility or Declaration of Compliance, as may be applicable given the location of the potential prize winner, unless prohibited by law. Potential prize winner must provide the information requested by Sponsor. If the potential prize winner uses fraudulent methods or otherwise attempt to circumvent these Rules, such submission may be disqualified at the sole discretion of the Sponsor. If the potential prize winner cannot be contacted, fails to respond to the notification within the required time period, fails to provide the information requested by Sponsor, or fails to sign and return the Affidavit or Declaration within the required time period, he/she will be disqualified and will forfeit the prize. The Sponsor shall have no liability for a potential prize winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a potential prize winner’s provision of incorrect or otherwise non-functioning contact information.  If a potential prize winner is disqualified for any reason, Sponsor will award the prize to an alternate potential prize winner to be chosen based upon the winner selection criteria described in the Promotion Details. Unless otherwise specified by the Sponsor, each Participant may be a potential prize winner only one (1) time per Promotion. Once potential prize winners are confirmed, the prizes shall be awarded to each winner in connection with the Promotion. No cash or other substitution is allowed except by the Sponsor who may substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value, as determined by the Sponsor in its sole discretion. A prize (or part thereof) is not transferable or refundable and must be accepted as awarded.  The winners are responsible for any and all other costs and expenses not listed above.  Limit one (1) prize package per Participant. Any prize details will be determined by the Sponsor in its sole discretion. Please allow at least ninety (90) days from completion of the judging process for the prizes to be delivered to the winners. Receipt of the prize offered in the Promotion by the potential prize winner is conditioned upon compliance with any and all federal, state, and local laws and regulations.  Sponsor and service providers associated with the Promotion are not responsible for lost or misdirected prizes that are sent.   

6. Intellectual Property: By submitting an Entry to a Promotion, each Participant acknowledges and agrees to the following:

a. Participant irrevocably grants to the Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Entry or any part thereof as-is or edited (with or without using any Participant’s name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from any Participant or any other party.

b. Participant forever waives any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor’s use of the Entry, or require any Participant’s permission for the Sponsor to use the Entry.

c. Participant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that use of the Entry, or any derivative works thereof, infringes any rights that any Participant or third party may have as creator (or co-creator) of the Entry including, without limitation, copyrights, trademark rights, and moral rights.

d. Participant irrevocably grants to Sponsor, its agents, licensees, and assigns an unconditional, worldwide, royalty-free and perpetual (non-exclusive) right and permission to use the Participant’s name, image, voice, and other likenesses, if such information has been included in the entry or which have been shared with Sponsor as part of Participant’s participation in the Promotion, in any media now known or later invented for any commercial purpose, including without limitation advertising or marketing of Sponsor’s products and services, without further compensation or the right to approve such uses.

7. Warranties and Representations: By submitting an Entry or otherwise participating in the Promotion, each Participant warrants and represents that: (a) the Entry is original to the Participant, (b) the Entry does not infringe the intellectual property, privacy, publicity or any other rights of any third party; (c) the Entry does not violate any law, regulation or any provision of these Rules; (d) the Entry has not previously been entered in any other contest or promotion; (e) the Entry has not been previously published in any medium; (f) the Participant has read and understood these Rules; (g) at all times the Participant has complied fully with these Rules; and (h) the Participant will continue to comply in full with these Rules until the Promotion has been completed.

8. Privacy: By entering this Promotion, each Participant expressly consents to the Sponsor, collecting, storing, sharing and using the personal information submitted with his/her Entry in accordance with the Sponsor’s Privacy Policy (https://privacy.sega.com/en/sega-of-america-inc-privacy-policy) and for the purpose of administering the Promotion, including but not limited to fulfilling prizes to winners, making the winners list available to any request submitted pursuant to these rules and in accordance with applicable law, unless the Participant otherwise agrees to receive further communications from Sponsor. Such information may include full name, social handles, date of birth, and email address. Winners will be prompted to share with Sponsor additional information such as mailing address, and in the case of Canadian resident winners, tax information: full legal name, address, country of citizenship, date of birth and taxpayer identification number (if any) as required by applicable law. For non-winning Participants, personal information submitted as part of the Entry will be deleted within three (3) months after the Promotion ends.  For personal information of winning Participants, to comply with applicable law, Sponsor will store such personal information for one (1) year after the Promotion ends, then will delete such information.

9. Indemnification: By entering, Participants agree to defend, indemnify and otherwise hold Sponsor, service providers associated with the Promotion, and Sponsor’s and such providers’ and their parent and affiliated companies, and the agents, officers, directors, and employees of each (collectively the “Released Parties”) harmless from and against any and all liability of any nature whatsoever arising out of or relating to:

a. any technical errors that may prevent Participants from participating in any way;

b. unauthorized human intervention in the Promotion;

c. errors in the administration of the Promotion; and

d. injury, death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Promotion or receipt or use of any prize, including any such claim by the Released Parties’ employees or any third parties.

Participant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees.  Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages.

10. Disputes: Except where prohibited, all Participants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Los Angeles County, California, United States of America. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, United States of America, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.

11. General Conditions: In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Rules; (b) award the prizes from among the submissions received up to the time of the impairment; or (c) terminate the Promotion. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Rules shall not constitute a waiver of that provision.  By participating in this Promotion, all participants acknowledge that the Promotion is in no way sponsored, co-sponsored, endorsed or administered by, or associated with X, Twitch, Instagram, Facebook, Discord, YouTube, TikTok or other such social media sites (“SMS Providers”), and hereby expressly release such SMS Providers from all claims and demands, known or unknown, arising from their participation in the Promotion. Any questions, comments, or complaints regarding the Promotion should be directed to Sega of America, Inc., and not to such SMS Providers.

©SEGA.

Any third-party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Official Rules or in the Contest is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Contest. You are providing your information to the Sponsor and the information you provide will only be used in accordance with the Official Rules of this Contest.