NEXON AMERICA INC.
MapleStory Thanksgiving SMS Contest (November 2022)
STANDARD CONTEST RULES
NO PURCHASE REQUIRED TO ENTER OR WIN.
A PURCHASE OF ANY KIND WILL NOT INCREASE CHANCES OF WINNING.
“Sponsor” means Nexon America Inc., 621 Hawaii St., El Segundo, CA 90245.
“Entry” means a submission, an activity or set of activities directed by the Sponsor and completed and/or submitted by a Participant as part of a Promotion and in accordance with these Rules.
“Participant” means an eligible individual, submitting an Entry to participate in the Promotion, subject to Section 2 (Participant Eligibility) below.
“Promotion” means the MapleStory Thanksgiving SMS Contest (November 2022) promotional event held by the Sponsor.
“Promotion Period” means the period starting on November 24, 2022 at 10:00 Pacific Time and ending on November 27, 2022 at 23:59 Pacific Time.
“Rules” means these Standard Contest Rules.
) and Terms of Service (https://www.nexon.com/main/en/legal/tou
); (b) are at least eighteen (18) years of age as of the start of the Promotion Period; and (c) is a legal resident of the continental United States (excluding Hawaii and Alaska) or Canada (excluding Quebec). 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 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 these Rules: 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.
4. Entry Timing: 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. How to Participate: To participate in the Promotion, Participant must submit an Entry during the Promotion Period in accordance with the following:
a. Text MapleStory at +1 (213) 344-0020 and subscribe to MapleStory SMS (reply "Y")
6. Content Guidelines. All Entries submitted to Sponsor as part of the Promotion must comply with the following :
a. Complete the items specified in Section 5.
b. 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;
c. 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;
d. Not contain text or imagery that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor in its sole discretion);
e. Not include threats (expressed or implied) to any person, place, business, or group;
f. Not violate the privacy rights or any other rights of any person, business, or group;
g. Not name or depict any real life third party without his/her permission;
h. 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
i. 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 an 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.
7. Intellectual Property: By submitting an Entry as part of this 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 that are included in the entry or which are 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.
8. Winner Selection: After the Promotion Period has ended, Sponsor will select Ten (10) potential winners at random from among all eligible Entries.
The potential prize winners will be notified on or after the date of selection at the contact information provided by such winners to Sponsor (or other means of communication as Sponsor may select). 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 this is prohibited by law. If the 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. 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. Each Participant may be a potential winner only one (1) time per Promotion.
9. Prizes: Once confirmed, the prizes to be awarded to each winner in connection with the Promotion will be:
• - Three (3) random winners will receive a MapleStory plushie
- Three (3) random winners will receive a MapleStory phone ring
- Four (4) random winners will receive a MapleStory lanyard
Limit one (1) prize package per Participant. Any prize details will be determined by the Sponsor in its sole discretion. If applicable, credits, virtual items or other prizes are in-game items and have no cash value. 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. Winners 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). Please allow at least thirty (30) days from completion of the judging process for the in-game prizes to be reflected in the winners’ accounts.
10. 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 Official 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 Official Rules; (g) at all times the Participant has complied fully with these Official Rules; and (h) the Participant will continue to comply in full with these Official Rules until the Promotion has been completed.
). Except where prohibited, participation in the Promotion constitutes Participant’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, Participants 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:
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.
13. 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 Official 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.
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 Twitter, Twitch, Instagram, Facebook, Discord, Youtube, 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 Nexon America Inc., and not to such SMS Providers.
15. Winners List: The Sponsor will publish the identity of the winners on https://forums.maplestory.nexon.net
no later than thirty (30) days after all winners have been confirmed.
© 2022 Nexon America Inc. All rights reserved.