No purchase necessary to enter or win. The Rainway PAX South Xbox One X Sweepstakes is open only to legal residents of the 50 United States and Washington, D.C., who are 18 or older as of date of entry. Void where prohibited by law.
1. Sweepstakes Period: Rainway PAX South Xbox One X Sweepstakes (the “Sweepstakes”) begins at 12:00 a.m. Central Time (“CT”) on January 17, 2020 and ends at 4:00 p.m. CT on January 19, 2020 (the “Sweepstakes Period”).
2. Eligibility: Open to legal residents of the fifty (50) United States and Washington D.C., who are at least 18 years of age as of date of entry. Employees of Rainway, Inc. (the “Sponsors”) and their respective parent, affiliated companies, agents, and the immediate family (defined as parents, spouse, children, siblings, grandparents) of each of such employees, and all those with whom such employees are domiciled, are NOT eligible. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
3. Sponsor/Administrator: The Sweepstakes is sponsored and administered by Rainway, Inc., 2505 3rd Avenue Suite 324, Seattle, WA 98121.
4. How To Enter: During the Sweepstakes Period, visit the Rainway booth, #15042, each day during the Penny Arcade (PAX) South convention. Fill out a slip with your name, email address and phone number and submit the slip into the giveaway box located within the booth to receive one (1) entry into the Sweepstakes Drawing (the “Sweepstakes Entry”). Limit of one (1) Sweepstakes Entry per person, per day during PAX South expo hall show hours. For the purposes of this Sweepstakes, a day is a 6-hour period that starts at 10:00 a.m. CT and ends at 3:59 p.m. CT. Entries may only be submitted during the PAX South days from January 17, 2020 – January 19, 2020. Furthermore, entrants must be present within the Rainway PAX South booth (booth #15042) during the time of the drawing in order to be eligible to win. All participants must comply with these Official Rules in order to be eligible. Incomplete, corrupted, or untimely Sweepstakes Entries are void and will be disqualified. Sponsor and its agencies are not responsible for late, incomplete or misdirected Sweepstakes Entries; or miscommunications, or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Consequently, Sponsor and its agencies are not liable in the event your Sweepstakes Entry is not captured due to the aforementioned reasons. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized name and email address used to enter/play will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. No information regarding Entries, other than as otherwise set forth in these Official Rules will be disclosed. Entries must be received each day of PAX South (1/17/20, 1/18/20 and 1/19/20) by 3:59 p.m. CT to be eligible for the drawing. Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, or any other methods will void such Entries and that entrant may be disqualified.
5. Notification of Winners: The potential Daily winner will be notified at 4:00 p.m. CT from the Rainway PAX South booth in-person. If a potential winner fails to be within the Rainway PAX South booth at the time of the drawing (4:00 p.m. CT), that potential winner is disqualified and the Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible Entries received throughout the Sweepstakes Period. Potential winners are subject to verification by Sponsor and/or Administrator, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. An entrant is not a winner of a prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete.
6. Sweepstakes Random Drawings: Each day during the Sweepstakes Period, a Daily Prize winner will be selected in a random drawing from among all eligible Entries received during that day. The random drawings will be conducted by the Administrator; an independent judging organization whose decisions are final on all matters relating to the drawing. The odds of winning are based on the number of eligible Entries received throughout the Sweepstakes Period.
7. Sweepstakes Prizes and Approximate Retail Value (“ARV”): Daily Prize: Three (3) Daily Prizes will be awarded. The Daily Prize consists of one (1) Xbox One X Bundle. (ARV: $499.00 USD each.) Prizes cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make an equivalent prize substitution at its sole discretion if any advertised prizes become unavailable. Any and all applicable federal, state, local, provincial and municipal taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the sole responsibility of the individual prize winner.
8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion and in the event of cancellation. Sponsor and their agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected entries; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor or Administrator. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Warning: Any attempt by an entrant or any other individual to deliberately damage this Sweepstakes or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by law. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the Entry process, the Website, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect Entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the Daily Prize at random from among the eligible, non-suspect Entries received up to the time of the impairment and award Prize Period prizes from among the eligible, non-suspect Entries received for each Prize Period up to the time of the impairment.
9. Release and Limitations of Liability: By participating in this Sweepstakes, entrants agree that Sponsor and each of their affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotions; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of a prize. By participating in this Sweepstakes, entrants agree that the Released Parties will have no liability whatsoever for, and shall be held harmless by entrants against, any liability for any injuries, losses or damages of any kind to persons, including, without limitation, personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, Entry, or participation in this Sweepstakes or in any Sweepstakes related activity, defamation or invasion of privacy, or merchandise delivery. The Released Parties are not responsible if Sweepstakes cannot take place or if the prizes cannot be awarded due to delays or interruptions, acts of God, acts of war, natural disasters, weather or acts of terrorism Without limiting the foregoing, everything regarding this Sweepstakes, including, without limitation, the above prize, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
10. Publicity: Except where prohibited by law, winner grants to Sponsor and those acting pursuant to its authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner’s name, portrait, picture, voice, likeness, Entry and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification. Entrants agree that Sponsor shall own Entries, which will not be acknowledged or returned, and that Sponsor and its designees shall have the perpetual, worldwide right to edit, publish, and use the Entries in any way and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine without further consideration to entrants or any third party.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes (excluding any and all disputes, claims and causes of action arising out of or connected with the prizes awarded in the Sweepstakes or the use or misuse thereof) shall be resolved individually, without resort to any form of class action, and exclusively by the United States Court for Washington or the appropriate State Court located in Washington; (2) any and all disputes, claims and causes of action arising out of or connected with the prizes awarded in the Sweepstakes or the use or misuse thereof shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in Centre County, Pennsylvania; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of Washington, without giving effect to any choice of law or conflict of law rules (whether of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Washington.
13. Winners List: For the names of the winners, available after January 19, 2020, for a period of at least 30 days, email [email protected] with an email subject of “Rainway PAX South Xbox One X Sweepstakes”.