BUNGIE DAY GIVING FESTIVAL - OFFICIAL RULES
Anyone participating in or wishing to participate in the BUNGIE DAY GIVING FESTIVAL (the “Promotion”) is referred to in these Official Rules as an “Entrant”. Participation in the Promotion constitutes Entrant’s full and unconditional agreement to accept and abide by these Official Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN. PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
- Eligibility. The Promotion is open only to Entrants who meet the eligibility requirements listed below as of the start of the Promotion Period (defined in Section 3):
- Must be a legal resident of one of the countries/regions, or jurisdictions listed below (each, a “Participating Country/Region”): United States of America, Canada (excluding Quebec)
- If any person is or will be under the age of legal majority where they live at the start of the Promotion Period (defined in Section 3), they must:
- obtain permission from their parent or legal guardian in order to participate in the Promotion; and
- their parent or guardian must agree to these Official Rules on their behalf.
Sponsor may ask for written proof of the parent or legal guardian’s permission and agreement as a condition of awarding any prize to a person who is under the age of legal majority. Subject to the age limitation provided above, entrants who are under the age of majority in their country, state, province and territory of residence at the date of entry are still eligible to enter the Contest and win a Prize provided that the parent or legal guardian of the entrant accepts the Prize and the terms and conditions hereof for and on behalf of such entrant and completes the required Declaration and Release Form (as further outlined below).
- All applicable federal, provincial, territorial, and local laws and regulations apply. Void where prohibited or restricted by law. Participation consists of entrant’s full and unconditional agreement to these Official Rules, Sponsor and the Contest Administrator (the “Contest Group”) decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Each entrant (“Entrant”) may be required to furnish proof of identification and other proof of eligibility under these Official Rules.
- Exclusions: Entrants cannot be (a) an employee of the Sponsor, or one of its parent companies, affiliates, subsidiaries, or related companies and agencies; or (b) an immediate family member (defined as their parents, children, siblings and spouse and their respective spouses, regardless of where they live), or living in the same household of as anyone in category (a), whether or not related to them.
- Sponsor. The company responsible for running the Promotion is Bungie, Inc., located at 550 106th Ave NE, Bellevue, WA 98004. Sponsor’s decisions with regard to the Promotion and these Official Rules are final and binding in all respects. Entrants with questions regarding the Promotion or the Official Rules should contact the Sponsor.
- Promotion Period. The promotion runs from 7/13/2023 through 7/23/2023, US Pacific Time. Sponsor’s computer system shall be the official timekeeper for all matters related to the Promotion.
- How to Enter.
- For purposes of the Promotion the authorized account holder of the email address used to enter the Promotion is the “Entrant”. The “authorized account holder” is the natural person assigned to an email address by an internet access provider, online service provider, or other organization responsible for assigning email addresses. Potential Winners (as defined in Section 5) may be required to show proof of being the authorized account holder as a condition of receiving their respective prizes.
- Entrants will be allowed only one entry per 24 hour period during the Promotion. Attempts to obtain multiple entries within one 24 hour period by the use of multiple email addresses or any other means may disqualify all such entries from that entrant for that period, at the sole discretion of the Sponsor. Entries will not roll-over to the next day, and only entries received during a particular 24-hour period will be eligible to win that specific day’s prize.
- Every qualified entry during the entire campaign period (July 13, 2023 10:00 PT to July 23, 2023 23:59 PT) for any of the daily prizes will qualify as an entry for the Grand Prize. Entrants may have up to seven entries for the grand prize by submitting qualified donations or alternative entries for each daily prize during the campaign, meaning that the probability of an entrant winning the Grand Prize depends on the total number of qualified entries across the campaign period. Participants who miss a daily entry will have one opportunity to submit an additional entry for the Grand Prize only, but in no event will entries in excess of seven increase the participant’s odds of winning the Grand Prize.
- Neither Entrant nor Sponsor can change promotion entries after they have been submitted. It is the Entrant’s responsibility to ensure that they have submitted accurate information. The Sponsor is not responsible for an Entrant’s failure to supply accurate information, which may impact eligibility or (if the Entrant is selected as a Winner) the acceptance or delivery of a prize.
- Donation Method: If you are eligible, you may qualify for an opportunity to win a daily prize by donating a minimum of $1 through the donation portal provided at https://bungiefoundation.donordrive.com/index.cfm?fuseaction=donate.event&eventID=524
- Free Alternative Entry: If you are eligible, you may also qualify for an opportunity to win the daily prize by submitting, to the Sponsor, one of (a) a short statement, maximum 50 words, describing why you support the mission of the Bungie Foundation, or (b) a scan or digital copy your own original 2D art. By submitting an alternative entry, you represents that you are the sole owner and have all rights in the statement or art (“materials”) that you submit to the Sponsor, and you grant to Sponsor a perpetual license to use the materials in any way and to associate the materials with you, including but not limited to the right to republish the materials in connection with the Promotion. Misrepresenting your ownership or rights in the materials may void your eligibility, at Sponsor’s sole discretion. Entries can be sent to email@example.com with the subject “Prize Week Entry – [INSERT PRIZE NAME]”.
IMPORTANT: Message and data rates may apply if an Entrant enters the Promotion on their mobile device. Entrants should check their mobile carrier’s pricing plans for details. Mobile entry is not required to enter or win a prize.
- Promotion Prizes.
Signed Lightfall CE
Plush bundle (Zavala, Ikora, Hive Worm)
Drifter Bundle (Statue + Duck)
Witch Queen Statue
PS Code Bundle
Grand Prize (signed Lightfall + Final Shape CE, Final Shape deluxe game code, PS Code Bundle)
Prizes available for a given 24-hour period will apply to entries received between 10:00:00am that day and 9:59:59am US Pacific Time on the follow day.
- Prize Drawing. Winning entries will be selected at random from all eligible entries collected during each portion of the Promotion Period (the “Drawings”). Each Drawing will take place within 7 days for each prize. Entrants whose entries are selected during the prize drawing will be considered “Potential Winners,” until the completion of winner notification and verification of the entrant’s eligibility and compliance with the Official Rules as described in these Official Rules.
Potential Winners who are residents of Canada may be required to correctly answer, unaided, a time-limited skill-test question posed by the Sponsor in the manner able to determined by the Sponsor in order to be declared a Winner and awarded the applicable Prize. Such question may, in Sponsor’s sole discretion, be administered online, by email or other electronic means, by telephone, or as part of the Potential Winner’s declaration of eligibility.
- Odds of Winning. The odds of winning depend on the total number of eligible entries received.
- No Substitutions. Prizes are non-transferable and no request for substitution, exchange or cash equivalent will be granted. If it is necessary and unavoidable, the Sponsor may decide to substitute a Prize with an alternative prize of equal or greater value (such as if a prize becomes unavailable).
- Taxes and Costs. The value of any prize awarded to a Winner may result in a requirement to pay tax in the Winner’s country.
Except where prohibited by local law, Winners are solely responsible for any applicable taxes, expenses, costs or fees associated with winning or the prizes they receive. We recommend that you consult with a tax advisor if you have further questions on the tax treatment of a prize you receive.
- Forfeited Prizes. If a prize is forfeited for any reason, the Sponsor may decide to award the relevant prize to an alternate Winner selected from all remaining eligible entries (subject to any written directions given under applicable law or regulation). If, after a good-faith attempt, Sponsor is unable to award a prize to the Potential Winner of such subsequent drawing, the prize may not be awarded.
- Verification. Prize claims are subject to verification. Before releasing each daily prize, the Sponsor or an Independent Contest Administrator will contact all the selected entrants via email within seven (7) days from the draw date. The selected entrant will be required to sign a Declaration and Release Form (the “Release Form”) or, if the selected entrant is under the age of majority in their country, state, province or territory of residence, have his/her parent or legal guardian sign such Release Form on his/her behalf) confirming compliance with the Official Rules, acceptance of the Prize, as awarded, without substitution, and releasing the Sponsor and each of their respective shareholders, directors, officers, employees, agents, representatives, parents, subsidiaries, affiliated and related companies, successors and assigns (collectively, the “Released Parties”) from any liability in connection with any Prize or the Contest. Each selected entrant must return a signed Release Form within ten (10) days of receipt, or he/she will be disqualified from receiving the prize, and another may be selected from the remaining eligible entrants until such time as a winner is chosen or there are no more eligible entrants, whichever comes first.
- Prize Fulfilment
- Delivery. Prizes will be delivered to verified Winners approximately 30 days via USPS or FedEx for physical prizes. Any prizes returned as undeliverable may be forfeited.
- If the Prize is a digital item (or includes a digital item), that item may be delivered by email.
- If the Prize is a physical item (or includes a physical item), the physical item will need to be delivered by post to the Winner’s address (to be provided by Winner during the winner verification process). Winner’s address must be located in one of the Participating Country/Regions; delivery to P.O. Boxes is not permitted.
- Where a prize is provided by a partner company of the Sponsor, the Sponsor will be required to pass details of the Winner for the purposes of prize fulfillment. The partner company will be responsible for delivery.
- Unreleased or items not yet available publicly, will be sent to the winner once available to the general public after their corresponding release date.
- Verification. Potential Winners will be notified via email and may be required to complete a declaration of eligibility affirming Potential Winner’s eligibility and compliance with the Official Rules. If the Potential Winner is a minor where they live, then their parent or legal guardian may be required to execute and return the declaration. Upon Sponsor’s confirmation of a Potential Winner’s eligibility and compliance with the Official Rules, that person will be verified as a Winner. Prizes will only be awarded to verified Winners. Failure to provide all requested information and documentation within the time period stated in the notification may result in Potential Winner being disqualified.
- Winner Notification If Sponsor is unable to reach a Potential Winner with the contact information provided in the Potential Winner’s entry submission within five working days after the initial notification attempt (or, if later, after one further notification attempt), or if any notification is returned as undeliverable, the Potential Winner may be disqualified.
- Disqualification. If a Potential Winner is disqualified, found to be ineligible, or not in compliance with the Official Rules, or does not accept a prize for any reason, their respective prize may be forfeited.
- Winners List. Where required by local law, a list of verified winners may be made available to regulators or to members of the public upon request. Interested people should contact firstname.lastname@example.org]. Any requests for a Winners list by members of the public must be received within 60 days of the close of the Entry Period. If a Verified Winner objects to their name being published or made available, please contact the Sponsor. Please note that notwithstanding any objection, the Sponsor may be obligated to provide this information to regulators or others if required by law.
- Right of Publicity License.
To the extent permitted by applicable law, by participating in this Promotion, each Entrant gives the Sponsor a free, non-exclusive, perpetual, worldwide license to use their name, image, likeness, Bungie ID or game platform ID, avatar and any other biographical or other information or content provided to Sponsor in connection with the Promotion, in all media for any lawful purpose, including for purposes of advertising or trade. The Sponsor will not make any further payment to the Entrant, and use of these permissions will be without Entrant’s further notice, review, or approval.
All permissions granted to Sponsor under these Official Rules will still apply after the end of this Promotion unless the Entrant formally cancels this permission by writing to “Bungie Legal Department” at the address for Sponsor provided in Section 2 of these Official Rules.
- Data Collection and Processing.
- Limitation and Release of Liability.
To the fullest extent permissible by law, by participating in the Promotion each Entrant agrees to indemnify, release, and hold harmless Sponsor, and each of their respective employees, agents, parents, partners, subsidiaries, and affiliates (the “Released Parties”), from any and all liability or any injury, loss or damage of any kind arising in connection with the Promotion, including property damage, personal injury and death that may occur in connection with, preparation for, travel to, or participation in the Promotion, or possession, acceptance or use of prizes or participation in any Promotion-related activities and claims based on publicity rights, copyright or trademark infringement, defamation or invasion of privacy, data protection, and merchandise delivery.
Without limiting the foregoing, unless required by applicable local laws, the Released Parties shall not be liable for: any incorrect or inaccurate entry information; human errors; technical malfunctions; lost, stolen, mutilated, mis-delivered, postage due, illegible, incomplete or untimely entries that may limit entrant’s ability to participate in the Promotion, even if caused by Sponsor’s negligence; failures, omissions, interruptions, deletions, or defects of any telephone network, computer online system, computer equipment, servers, providers, or software, including any injury or damage to entrant's or any other person's computer relating to participation or inability to participate in the Promotion; inability to access the Site or upload information or data; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction or traffic congestion on telephone lines or the Internet or any website (including the Site) or for any other reason whatsoever; printing or other errors; or any combination thereof. Proof of uploading information or data or entering information at the Site is not considered proof of delivery or receipt. Illegible, duplicate and incomplete entries will be disqualified. False, fraudulent, or deceptive entries or acts, as determined by Sponsor, render entrants ineligible and all associated entries will be void.
To the maximum extent permitted by applicable law, in no event will the Released Parties be liable or responsible for any incidental, consequential, or punitive damages arising out of or in connections with the Promotion.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ENTRANTS WHO ARE RESIDENTS OF THOSE JURISDICTIONS.
- General Conditions.
- Right to Modify, Suspend, or Cancel. Sponsor has the sole right to cancel, suspend, or modify the Promotion or any part of it, in any way, if Sponsor decides that
- the Promotion can’t be executed as Sponsor intended, or
- any error, omission, fraud, technical failure, tampering, computer virus, war, public health emergency, or other factor, technical or otherwise, beyond Sponsor’s reasonable control impairs or may impair Sponsor’s ability to properly conduct the Promotion, subject to any applicable law or regulation.
- Right to Modify, Suspend, or Cancel. Sponsor has the sole right to cancel, suspend, or modify the Promotion or any part of it, in any way, if Sponsor decides that
In the event of any such cancellation, termination or suspension, the Sponsor may decide to draw from among all eligible, non-suspicious entries received prior to such time; notice of any such drawing will be provided via Sponsor’s website at www.playstation.com.
- Bugs, Errors, and Malfunctions. Sponsor is not responsible for any problems, bugs, or malfunctions Entrants may encounter in the Promotion.
- Promotion Tampering or Interference. Sponsor reserves the right in its sole and absolute discretion to disqualify any Entrant (and all of his/her entries) from this Promotion or any other promotion conducted now or in the future by Sponsor or any of its sister companies, in the event of
- tampering with the entry process; or
- fraud or misconduct affecting the integrity of this Promotion (including but not limited to use of entries generated by macro, script, bot, or similar method); or
- entrant engaging in abusive, threatening, or harassing behavior towards any other person.
- Control of Official Rules. In the event of any inconsistency between these Official Rules and any other materials for the Promotion, these Official Rules will apply.
- Severability. If any part of these rules are concluded by an appropriate jurisdiction’s court to be illegal, invalid, or otherwise unenforceable, that part of the rules will be considered to be removed and the rest of these Official Rules shall continue to apply.
- Translations. Sponsor may make official translations of these Official Rules available in languages other than English. To the extent allowed by law, in the event of any conflict between the English version of these Official Rules and any translation, the interpretation under the English version will apply.
- Governing Law and Jurisdiction: To the extent allowed by applicable law, these Official Rules and any disputes that occur will be interpreted under Washington State law. In any litigation to enforce any part of this agreement, all costs, and fees, including attorney's fees, will be paid by the non-prevailing party. All parties agree to exclusive jurisdiction and venue of the Superior Courts of King County, Washington, in the United States.