Skate 3
Birthday Celebration Sweepstakes - Official Rules - May 2023
NO PURCHASE NECESSARY TO ENTER OR WIN; A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING.
You will need a Discord account to participate. If you do not already have a Discord account,
you can visit discord.com to create one for free.
The skate. May Celebration Sweepstakes (“Promotion”) is sponsored by
Electronic Arts Inc. (“EA”), 209 Redwood Shores Parkway, Redwood City,
California, USA 94065. Discord is not
sponsoring, endorsing or associated with this
sweepstakes in any way.
1.
Eligibility. The
Promotion is offered to promote skate. and is
open only to:
●
Legal residents of Australia, Austria,
Bulgaria, Canada (excluding Quebec), Chile, France, Germany, Japan, New
Zealand, Norway, South Africa, South Korea, Switzerland, Taiwan, Thailand, the
United Kingdom, or the United States (including the District of Columbia).
●
Participants who have reached the age of
majority in their country or territory of residence.
●
Participants who fully and unconditionally
agree to these Official Rules.
●
Participants who are not employees of EA or
any of its related companies or representatives (“Agents”), or the immediate
family members or household member of an employee.
●
Participants who have not previously won a
skate. Year 2 Deck Sweepstakes or Content Contest.
●
This Promotion is subject to various national,
state, territory, and local laws and regulations, and is void where prohibited.
EA’s decisions are final in all matters related to the Promotion.
2. To
Enter. The
Promotion begins on May 11, at 9:00 AM Pacific Time (“PT”) and ends on May 11, 2023 at 11:59 PM PT (“Promotion Period”). Enter via Discord by completing the
following steps:
(1) Visit
www.discord.com;
(2) Log
into your Discord account;
(3) Join
the official .skate Discord server at https://discord.gg/skateea;
(4) Find
the post made by the official channel admin or mod in the
#giveaways-and-contests channel ; this post will include #EAskatesweepstakes
and
(5) Use
Discord’s reaction buttons to react to the post
before the Promotion Period ends (collectively, the “Entry”).
No
other method of entries will be accepted.
EA will accept one (1) Entry per person.
Completed Entries must be received by May 11, 2023
at 11:59 PM PT.
Limitations Entries: You
may not share the same username and/or email address with multiple
entrants. If you attempt to obtain more
than the permitted number of Entries by using multiple or different email
addresses, identities, or any other method, your Entries will be void. If you use any automated process or cheat to
participate, such as a bot, EA will disqualify you from the Promotion.
For residents of France:
Telecommunication and access expenses corresponding to the time of connection
for participation in the Promotion have been evaluated at the flat fee of 0.50
Euros per Twitter or Discord Entry, and shall be
reimbursed to any on-line participant requesting it in writing at Electronic
Arts Publishing – skate. Holiday Deck Sweepstakes Round 1 - 18, rue Félix Mangini, 69009 Lyon, France. If you claim reimbursement for
these expenses, you must provide a telephone bill demonstrating that you do not
benefit from unlimited access. An
incomplete request for reimbursement or one sent to the incorrect address will
be invalid. You must submit
reimbursement requests within two months (60 calendar days) of the prize draw
closure. Reimbursement of connection costs is limited to one participation by
an individual (same first name and last name, same postcode, same age). Postal
fees incurred in sending supporting documentation will be reimbursed upon
request, provided they are requested in writing as set forth above,
and are within the limit of the lowest postal fee applicable to a letter
of 20 grams or less.
3.
Prizes. There
are 13 prizes. Your odds of winning a
prize depend upon the number of eligible Entries. All approximate retail values (“ARV”) are expressed
in U.S. Dollars, Australian Dollars, and Euros.
ARV of total prize pool: $4355 USD/3974 EUR/6445 AUD. Limit one (1)
prize per person. Prizes are not transferable, and no substitution of prizes
for cash or other goods and services is permitted. If for any reason an advertised prize is
unavailable, EA reserves the right to substitute a prize of equal or greater
value. Winners are responsible for any
applicable taxes on prizes.
Each
of the 13 winners will receive a skate prize pack including: a limited Edition Xbox Controller Designed by Pope ARV: $179
USD/160 EUR/265 AUS, a skate. Year 2 Limited Edition skateboard deck designed
by Vincent Tsang/DIME ARV: $99 USD/88 EUR/146 AUS, and a skate. branded
t-shirt, hoodie, and beanie set ARV: $57 USD/52 EUR/84 AUS
4. Winner
Selection and Notification. EA or its Agent will
conduct a random drawing from all eligible Entries to determine the potential
winners on or about May 12, 2023 at 209 Redwood Shores
Parkway, Redwood City, CA 94065. All decisions regarding the selection of the
potential winners are final.
Potential
winners will be notified on or about May 12, 2023 by Direct
Message via Discord to email skate.social@ea.com to complete Winner's Release
to verify eligibility. If EA
cannot contact a potential winner, the prize is returned as undeliverable, or a potential winner fails to sign and return any requested
documents or information within the required time period,
the potential winner forfeits the prize.
If a
potential winner is disqualified, or the prize is forfeited for any reason, EA
will award that prize to an alternate winner by random drawing from all
remaining eligible Entries. Only 3 alternate drawings will be held, after which
EA may donate the prize to a charity of EA’s choice.
5. To
Claim a Prize. If you are selected as a potential winner,
you may be required to complete and sign a Winner Declaration & Release
(“Winner’s Release”) to claim your prize, which EA will provide within 14 days
of the first attempt to notify you.
Residents of Canada must also answer a time-limited, skill-based
question in order to claim a prize. Potential winners may be required to provide
a shipping address to claim a prize. Allow 4-6 weeks for delivery of a prize
via mail.
6. Release.
To the extent allowable under applicable law
and, in Australia, subject to and without excluding, restricting or modifying
any rights or remedies to which you may be entitled as a consumer under the
consumer guarantee provisions of the Australian Consumer Law in relation to the
operation of the Promotion and any prize won, you agree to release EA, Discord
and their Agents, officers, directors, and employees (the “Released Parties”)
from any legal claims, including without limitation claims related to personal
injury, death, or damage to or loss of property arising out of participation in
the Promotion, or receipt, use, or misuse of any prize, except for residents of
the United Kingdom and France with respect to claims resulting from death or
personal injury arising from EA’s negligence and for residents of the United
Kingdom with respect to claims resulting from the tort of deceit or any other
liabilities that may not be excluded by law.
For residents of Austria, Germany, Switzerland:
By participating in this Promotion, you acknowledge: (1) In regard to a prize
or any other products or services offered by EA and/or its affiliates free of
charge, EA shall only be liable for intent and gross negligence. (2) In all
other cases, EA shall only be liable in cases of intent and gross negligence. In
case of slight negligence, however, EA is only liable for the breach of
essential contractual obligations, such as delay or impossibility of
performance, for which EA can be held responsible. The liability in the event
of breach of such an essential contractual obligation is limited to the typical
contractual damage, whose occurrence could be expected by EA upon conclusion of
the contract based on the circumstances known at that time. “Essential
contractual obligations” are those obligations whose fulfillment is essential
to enable the proper implementation of the contract, and the achievement of its
purpose and whose observation you as an end consumer may rely upon. The
foregoing limitations of liability shall not apply in the case of explicit
guarantees by EA, in case of malice and injuries to life, body or health, as
well as in the case of mandatory statutory regulations. Nothing in these Official Rules shall deprive
you of the consumer protection rights granted to you by the laws of your
residence that cannot be derogated from by agreement.
7. Privacy and Publicity. Nothing in these Official
Rules shall be deemed to exclude or restrict any of your statutory rights as a
consumer. If you participate in the
Promotion, you consent to EA’s processing your personal information (e.g. name,
address, email address, birthdate) (“Personal Information”) in accordance with
EA’s Privacy & Cookie Policy, which you can read at https://www.ea.com/legal/privacy-policy. You also consent to EA’s use of your Twitter
or Discord Entry, personal name, user/screen name, social media handle,
likeness, photograph, voice, opinions, and/or hometown and state (“Entry Data”)
for promotional purposes. EA (or its
Agent) has the option, but not the obligation, to use your Entry Data in any
media, worldwide, without any further attribution, notification
or compensation. Some jurisdictions
prohibit the mandatory consents described above, so some or all of them may not
apply to you.
For
Residents of the European Union: The organizing entity
shall be considered the data controller for the database containing Personal
Information, and it provides for an appropriate data protection level. You understand that your Personal information
shall be processed for the purposes outlined below, in accordance with EA’s
Privacy and Cookie Policy, (see https://www.ea.com/legal/privacy-policy).
Personal
Information will be used for the purposes of:
●
Organizing, running
and monitoring the Promotion and prize fulfillment, including, if you win a
prize, publishing (i) your name on the Winner(s) List and (ii) your name and
country of residence online or in any other media in connection with the
Promotion, as described in this Section 7 above; and
●
Any additional processing activities to which
you consent and/or acknowledge as applicable.
8. General Conditions. EA reserves the right to cancel, suspend, or
modify the Promotion, (or any part of it) if fraud, technical failure, human error or any other problem impairs its proper
operation. In that event, EA may hold a
random drawing from among all eligible Entries received up to the date of
suspension for any of the prizes offered.
EA reserves the right to disqualify any person it finds to be in
violation of these Official Rules (including tampering with the entry process
or the operation of the Promotion), or acting in an
unsporting or disruptive manner. If you
attempt to deliberately undermine the legitimate operation of the Promotion, it
may be a violation of criminal and/or civil law, and EA reserves the right to
seek damages from you to the extent permitted by law. EA’s failure to enforce any term in these
Official Rules shall not be a waiver of that term.
9. Limitation of Liability. The Released Parties are
not responsible for: (1) inaccurate information, whether caused by entrants,
typographical errors, or by equipment or programming associated with the
Promotion; (2) technical failures, including without limitation network
malfunctions, interruptions, or disconnections; (3) unauthorized intervention
in the entry process or the Promotion; (4) technical or human error in the
administration of the Promotion or the processing of Entries; (5) late, lost,
undeliverable, damaged or stolen mail or electronic communications; (6)
ineligibility for any reason, including entrant’s misunderstanding of the
Official Rules and requirements or the entry process. If for any reason your Entry is confirmed to
have been erroneously deleted, lost, or otherwise destroyed or corrupted, your
sole remedy is another Entry in the Promotion, if possible. EA will award no
more than the stated number of prizes.
If production, technical, programming or any other reasons cause more
than the stated number of prizes to be available and/or claimed, EA reserves
the right to award only the stated number of prizes. Some jurisdictions prohibit the limitations
described above, so some or all of them may not apply to you.
10. Disputes.
Unless you are a resident of a member-state of
the European Economic Area, South Korea, or Switzerland, all disputes, claims or controversies arising out of or relating to the
Promotion, including the marketing and promotion of the Promotion
("Disputes"), shall be resolved exclusively by binding arbitration in
the United States under the laws of the United States. The only Disputes not covered by this Section
are claims (i) regarding the infringement, protection
or validity of your, EA's or EA's licensors' trade secrets or copyright,
trademark or patent rights; and (ii) those brought in small claims court.
●
You and EA shall first attempt to resolve any
Dispute informally for at least 30 days before initiating arbitration. The
informal negotiations commence upon receipt of written notice from one person
to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include
the full name and contact information of the complaining party; (b) describe
the nature and basis of the claim or dispute; and (c) set forth the specific
relief sought. EA will send its Notice of Dispute to the contact information in
your Twitter or Discord Entry, or other address you provide for this purpose.
You will send your Notice of Dispute to: Electronic Arts Inc., 209 Redwood
Shores Parkway, Redwood City CA USA 94065, ATTENTION: Legal Department.
●
If you and EA cannot resolve a Dispute
informally, you or EA may elect to have the Dispute finally and exclusively
resolved by binding arbitration. The arbitration shall be administered by the
American Arbitration Association ("AAA") under its Commercial
Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the AAA website www.adr.org. Your arbitration fees and your
share of arbitrator compensation shall be governed by the AAA Rules and, where
appropriate, limited by the AAA Consumer Rules. The arbitration may be
conducted in person, through the submission of documents, by phone or online.
The arbitrator shall make a decision in writing, and
shall provide a statement of reasons if requested by either party. The
arbitrator must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. You and EA may litigate in court to compel
arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the
arbitrator.
●
YOU AND EA AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of
representative or class proceeding. The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only
to the extent necessary to provide relief warranted by that party's individual
claim.
●
If you live in the United States, arbitration
will take place at any reasonable location convenient for you. For residents
outside the United States, arbitration shall be initiated in the County of San
Mateo, State of California, United States of America, and you and EA agree to
submit to the personal jurisdiction of that court, in order
to compel arbitration, to stay proceeding pending arbitration, or to
confirm, modify, vacate or enter judgment on the award entered by the
arbitrator.
●
If the arbitrator rules in your favor on the
merits of any claim you bring against EA and issues you an award that is
greater in monetary value than EA's last written settlement offer made before
EA makes its final written submissions to the arbitrator, then EA will: pay you
150% of your arbitration award, up to $5,000 USD (or equivalent in your
national currency) over and above your arbitration award, and reimburse the
arbitration fees that you paid to the AAA.
●
For
residents of Australia: The Promotion is governed by the laws of the
United States, provided that you will not be deprived
of your statutory rights and legal protection as a consumer granted by the laws
of Australia. The court of jurisdiction
shall be your country of residence.
11. Winner List. EA will post the winner list on the official
.skate Discord server at https://discord.gg/skateea
for two weeks following winner verification.
©
2023 Electronic Arts Inc.