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[RULES] Discord MapleStory DXRacer Chair Contest

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edited March 2020 in Contest Rules
Discord MapleStory DXRacer Chair Giveaway Contest
Describe Pink Bean in 5 Words! (March 2020)
No purchased required to enter or win.
A purchase of any kind will not increase your chances of winning.

1. Sponsor: The Discord MapleStory DXRacer Chair Giveaway Contest - Describe Pink Bean in 5 Words! (March 2020) (“Promotion”) is sponsored by Nexon America Inc., 621 Hawaii St., El Segundo, CA 90245 (“Sponsor”).

2. Eligibility: The Promotion is open only to legal residents of the continental United States (excluding Hawaii and Alaska). The Promotion requires that all players: (a) are at least eighteen (18) years of age as of the start of the Promotion Period (defined below); and (b) have never been banned or suspended, or had an account banned or suspended, for hacking or similar violations of the MapleStory (the “Game”) license agreements, Sponsor’s Privacy Policy (http://www.nexon.net/legal/privacy-policy/), and Terms of
Service (http://www.nexon.net/legal/terms-of-use). Any entrant that is under the age of majority in his/her 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 Nexon America Inc., its 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.

3. Agreement to Official Rules: Participation in the Promotion constitutes the entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Promotion begins at the time it is announced on the Sponsor’s dedicated web post for the Promotion (the “Post”) on Sponsor’s MapleStory Discord page (https://discordapp.com/invite/maplestory) (“Promotion Page”) on March 18, 2020, and ends on March 23, 2020 at 08:59:59 am Pacific Time (the “Promotion Period”). Submissions that are submitted before or after the Promotion Period will be disqualified. Sponsor’s computer will be the official timekeeping device for this Promotion. Entrants are responsible for calculating the difference in time zones.

5. How to Participate: To participate in the Promotion, entrant must, during the Promotion Period, complete the following:
- Enter in the #writing-contest channel on Official MapleStory Discord; and
- Include the following with the entry:
a. Entrant’s In-Game Name, and
b. World Name, and
c. Confirmation of residency in US (excluding Alaska and Hawaii): Yes/No, and
d. Five words describing what Pink Bean is to you! (A short 5-word sentence or 5 separate words. Entrant may elaborate on why each word was chosen. Overall elaboration must not exceed 200 words.)
Only one account per entrant will be eligible for the Promotion. Automated or robotic entries submitted by individuals or organizations will be disqualified. Entry must be made by the entrant. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest subscription notification and/or entering services, will void that entrant's entries and that entrant may be disqualified.

6. Submission Requirements: All submissions to Sponsor as part of the Promotion must comply with the following Content Guidelines. Any submission that violates these guidelines will not be eligible to be judged or awarded a prize.
Content Guidelines
The submission must:
1. Comply with the requirements as specified in Section 5;
2. 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;
3. 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;
4. Not contain text or imagery that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor in its sole discretion);
5. Not include threats (expressed or implied) to any person, place, business, or group;
6. Not violate the privacy rights or any other rights of any person, business, or group;
7. Not name or depict any real life third party without his/her permission;
8. 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,
9. Not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the image is created.

Sponsor is not responsible for lost, late, incomplete, inaccurate, invalid, illegible entries, if applicable, which will be disqualified, or for any error, whether human, technical or otherwise. Sponsor assumes no responsibility for any misdirected or lost mail, or any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to entrant's or any other person's computer related to or resulting from downloading materials in connection with the Promotion.
Sponsor reserves the right in its sole discretion to disqualify any entrant it finds to be tampering with the operation of the Promotion, such as using automated submission, or to be acting in violation of these Official Rules. In the event of a dispute as to the identity of an entrant, the authorized account holder of the Forum account that is used to participate in the Promotion will be deemed to be the entrant. 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 Forum account. If a dispute cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible.

7. Intellectual Property: By submitting the image as part of this Promotion, each entrant acknowledges and agrees to the following:
1. Entrant 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 image or any part thereof as-is or edited (with or without using any entrant’s name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from any entrant or any other party.
2. Entrant 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 image, or require any entrant’s permission for the Sponsor to use the image.
3. Entrant agrees not to instigate, support, maintain, or authorize any action, claim or lawsuit against the Sponsor on the grounds that use of the image, or any derivative works thereof, infringes any rights that any entrant or third party may have as creator (or co-creator) of the image including, without limitation, copyrights, trademark rights and moral rights.
4. Entrant irrevocably grants to Sponsor, its agents, licensees and assigns an unconditional, worldwide, royalty-free and perpetual (non-exclusive) right and permission to use the entrant’s name, image, voice and other likenesses that are included in the image or which are shared with Sponsor as part of entrant’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.

8. Winner Selection: : After the Promotion Period has ended, Sponsor will select a qualified judge or panel of qualified judges to judge all eligible submissions in accordance with the following criteria:
a. Creativity and Uniqueness – 60%
b. Entertainment and Meaningfulness – 40%
The judges will select one (1) winner from among all eligible entrants in the Promotion. The potential prize winner selected is contingent upon the number and quality of submissions received. The winner will be notified after the date of selection on the Discord page that was used to enter the contest (https://discordapp.com/invite/maplestory) and the winning entries will also be posted on Twitter (or other means of communication as Sponsor may select). The potential prize winner may be asked to submit additional personal information in order to confirm eligibility and award the prize. The 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 prizewinner) unless this is prohibited by law. If a potential winner cannot be contacted, fails to respond to the notification within the required time period (if applicable), or fails to sign and return the Affidavit or Declaration within the required time period (if applicable), he/she will be disqualified and will forfeit the prize. Each entrant may be a potential winner only one (1) time. If a potential winner is disqualified for any reason, Sponsor will award the prize to an alternate potential winner to be chosen based upon the winner selection criteria described in this Section.

9. Prizes: Once confirmed, one (1) winner will receive a MapleStory Fest ’19 Edition of the DXRacer Chair ($370 USD).
Any prize details not specified above will be determined by the Sponsor in its sole discretion. 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. The prize is not transferable or refundable and must be accepted as awarded. The winner is responsible for any and all other costs and expenses not listed above. Winner will be responsible for payment and reporting of all applicable taxes associated with the receipt and usage of a prize. Sponsor may report the receipt of any prize to the appropriate federal, state, or local taxing agency(ies). Prizes cannot be transferred, redeemed for cash, or substituted by winner. The approximate retail value of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated approximate retail value, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety, or performance of any prize awarded. Sponsor will not replace any lost or stolen prize items. Please allow at least ninety (90) days from the date of the close of the Promotion for the prizes to be sent to the winner’s address.

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

11. Privacy and Publicity: Except as set forth herein, all information submitted by entrants in the Promotion will be treated according to the Sponsor’s Privacy Policy (http://www.nexon.net/legal/privacy-policy/). Except where prohibited, participation in the Promotion constitutes entrant’s consent to the Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and country and state or province of residence for promotional purposes in any media without further payment or consideration.

12. Indemnification: By entering, entrants agree to defend, indemnify, and otherwise hold Sponsor, its 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:
1. any technical errors that may prevent entrants from participating in any way;
2. unauthorized human intervention in the Promotion;
3. errors in the administration of the Promotion; and,
4. injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’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.

Entrant further agrees that in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

13. Disputes: Except where prohibited, all entrants 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 Official Rules, entrant’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.

14. 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, either (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules or (b) award the prizes from among the submissions received up to the time of the impairment. 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 Official 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 Instagram and hereby expressly release Instagram from all claims and demands, known or unknown, arising from their participation in the Promotion. Entrant understands that he or she is providing his or her information to Nexon America Inc. and not to Instagram. Any questions, comments, or complaints regarding the Promotion should be directed to Nexon America Inc., and not to Instagram.

15. Winners List: The Sponsor will publish the identity of the winners on Sponsor’s MapleStory Discord page (https://discordapp.com/invite/maplestory) no later than thirty (30) days after all winners have been confirmed.

© 2020 Nexon America Inc. All rights reserved.