GENERAL TERMS AND CONDITIONS FOR ONLINE AND SOCIAL MEDIA PROMOTIONS
These General Terms and Conditions for Online and Social Media Promotions (“Terms”) shall apply to all competitions, contests, sweepstakes and other prize-winning competitions and/or activities (“Competitions”) operated by Capcom U.S.A., Inc., or its subsidiaries or affiliated companies (collectively, “Capcom”), via any website or social network account page owned or controlled (directly or indirectly) by Capcom. Use of the term “You”, “you” or “winner” shall mean you, and shall include your parent and/or legal guardian if you are a minor in the jurisdiction in which you reside.
Terms: Each Competition shall have its own set of rules governing the operation of that Competition, including, without limitation, eligibility, age restrictions, methods of entry, and prizing (“Competition Rules”). The Competition Rules for each Competition shall be set out separately at the time of the Competition and will be posted on the website or social network page from which that Competition will be operated. These Terms and the Competition Rules will be binding upon you when you enter or otherwise participate in a Competition. If there is any inconsistency between these Terms and any Competition Rules, the Competition Rules will govern, but only to the extent of that inconsistency. Entry and/or participation in a Competition will be deemed acceptance by you of the Terms and Competition Rules. Capcom reserves the right to amend these Terms or any Competition Rules at any time.
Entry to Competitions: Specific requirements for entry into a Competition will be set out in the Competition Rules. All sweepstakes will be free to enter and no purchase of any kind will be necessary unless otherwise specified in the Competition Rules. You must enter a Competition in the manner and during the period set out in the Competition Rules. Only one entry per person or email address, unless otherwise allowed by the Competition Rules. Capcom shall not be liable for lost, late, misdirected, inaccurate or corrupted entries whether due to human error, technical error, software or hardware failure, or otherwise. No entries will be accepted from agents, third parties, groups or entries automatically generated by computer. Incomplete, illegible or undecipherable entries will be void in Capcom’s sole discretion.
Eligibility: Unless otherwise stated in the Competition Rules, Competitions are open to anyone who is at least 13 years old or older on the date the Competition begins, and, if applicable, who has an account with the social media site (e.g., Facebook or Twitter) on which the Competition is hosted. Employees, directors and officers, and their immediate families (spouses and siblings, parents and children and their spouses) and household members, of Capcom and its distributors, agents and third party entities involved in the implementation, execution, hosting and prize awards of the Competitions (“Competition Entities”) are not eligible to participate in the Competition.
Submission of User-Generated Content: For Competitions that require you to submit images, videos, music, or other content (“Submissions”), the following terms apply:
You represent and warrant that (i) your Submissions are all your own original work and that you have obtained all the required rights, consents, permissions and clearances necessary to grant the license set forth in Section 5.3 below; (ii) no content, materials or information used in your Submission infringe the intellectual property or other rights of any third party; (iii) you have not entered into any agreements with third parties that could impair Capcom’s right to use your Submission; (iv) any persons whose image is used in your submission has given their consent for such use and has waived any rights they may have in that image as incorporated into your Submission; and (v) you will provide to Capcom, at Capcom’s request, written confirmation that you have obtained all required rights, consents, permissions and clearances referenced in this sub-section.
Your Submission must not contain any (i) pornography, nudity or sexually explicit imagery; (ii) lewd, obscene, offensive, hateful or abusive imagery or language; (iii) harassing, disparaging or defamatory content; (iv) content that compromises the privacy or safety of yourself or others; (v) content that demeans a particular gender, sexual orientation, disability, religion, race, ethnicity or nationality; (vi) violent or dangerous behavior; and/or (vii) spam, advertising or other commercial activities; or (viii) any other type of content that is indecent, immoral, discriminatory, or portrays or encourages illegal activity.
By submitting your Submission to a Competition, you hereby grant to Capcom a worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to (i) use, copy and store for backup and archival purposes, transmit, broadcast, distribute, reproduce, modify, adapt, translate, reformat, transcode, and otherwise create derivative works of, publicly perform, record, re-record, synchronize with visual images and motion pictures, your Submission in any manner, in whole or in part, to incorporate your Submission into other works, and to otherwise exploit your Submission in any format or medium now known or later developed (collectively, the “Uses”), and (ii) use your name, city and state of residence, or other personal information supplied by you (“Personal Information”) to identify your Submission in the Uses, without any obligation of attribution or compensation to you. Capcom shall not be obligated to use any Submission.
Winner Selection: Winner(s) will be selected at a time and in a manner as set forth in the Competition Rules. Winner(s) may be required to sign and return a Declaration of Eligibility and Liability Release and, except where prohibited by law, a Publicity Release Form (together, a “Release”) within five (5) business days of receipt. If the winner is a minor, the Release must be signed by the minor’s parent or legal guardian. Failure to timely return the Release or refusal to sign the release will result in the prize being forfeited and awarded to an alternate winner. If a prize notification is returned or deemed undeliverable, a prize is refused, or the potential winner is disqualified for any reason, an alternate winner may be selected as set forth in the Competition Rules. Except where prohibited by law (e.g., Tennessee), acceptance of the prize constitutes permission for Capcom to use the winner’s name, hometown, likeness, statements, and other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world without any additional prize, incentive, consideration, consent or review, and upon request, winner will provide to Capcom written consent to such use. The odds of winning a sweepstakes or drawing depend upon the number of eligible entries received. The decision of Capcom in any Competition is final and conclusive.
Prizes: Specific prizes for each Competition shall be set out in the relevant Competition Rules. Prize winners will be contacted by the method stated in the Competition Rules, which may include telephone or email notification. Prize winners will be responsible for all taxes (including but not limited to federal, state and local) on the prize and will be required to provide his/her Social Security number (or foreign equivalent) for tax reporting purposes if the retail value of the prize being awarded is $600.00 or greater (as determined in Capcom’s sole discretion). Capcom will (i) file IRS Form 1099 with the Internal Revenue Service for, or (ii) for non-U.S. residents, file appropriate IRS forms and make appropriate withholdings from, the prize if the retail value of such prize if $600.00 or greater.
General Prize Restrictions: A prize winner must take delivery of the prize within five (5) business days of notice of availability from Capcom or the prize may be forfeited and awarded to an alternate winner. Unless otherwise stated in the Competition Rules, Capcom will be responsible for the costs of delivering the prize to the winner’s residence. Capcom will not be responsible for prizes which are unclaimed, unused, or lost, delayed or damaged during delivery, or otherwise not received by the winner. Prizes may not be transferred or assigned until after the winner has complied with all his or her obligations under these Terms or the Competition Rules. No cash or other substitutions may be made, except by Capcom, who reserves the right to substitute a prize in whole or in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by Capcom in its sole discretion.
Disqualification: Failure to (i) comply with these Terms or the Competition Rules, or (ii) provide Capcom with proof of eligibility for a Competition may disqualify you from a Competition or from a prize at Capcom’s sole discretion. Refusal of a winner to provide a Social Security number (or foreign equivalent) for issuance of an IRS Form 1099 will result in disqualification and an alternate winner will be selected in accordance with the Competition Rules. Competitions are void where prohibited by law. Caution: Any deliberate attempt to damage any website, tamper with the entry process, or otherwise undermine the legitimate operation of any Competition may be a violation of criminal and civil laws and should such an attempt be made, Capcom reserves the right to cooperate in the prosecution any such individuals and to pursue all remedies available to it to the fullest extent permitted by law.
Disputes: In the event of a dispute over an entry, an entry will be deemed made by the authorized account holder of the email address submitting the entry at the time of entry. An authorized account holder is a natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. The winner may be required to show proof of being the authorized account holder.
Release: By participating in a Competition, you (a) agree to release Capcom, all Competition Entities (and, if a Competition is hosted on a Facebook page, on a Twitter page or Tweet, or on any other social media platform, you also agree to release Facebook, Inc., Twitter, Inc., or the third party social media platform hosting the Competition, as the case may be), and each of their directors, officers, employees and agents (“Released Parties”) and from any and all liability for any claims, costs, injuries, losses or damages of any kind arising from the Competition or your participation in the Competition, including the use of your Submission or your personally identifiable information pursuant to these Terms or the Competition Rules, or the acceptance, possession, use, or misuse of a prize; (b) acknowledge that the Released Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including the warranty of merchantability, non-infringement or fitness for a particular purpose, except that any written warranty offered by the manufacturer of a prize will be provided with the prize.
Limitation of Liability: You agree that (a) any and all disputes, claims and causes of action between you and Capcom arising out of, or connected with a Competition or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in San Mateo County, California; (b) any and all claims, judgments, liabilities and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Competition, and in no event shall you be entitled to recover attorneys’ fees; and (c) under no circumstances will you be permitted to and you hereby waive all rights to claim or recover punitive, incidental, consequential and/or special damages, any and all rights to have damages multiplied or otherwise increased, and/or any other damages other than out-of-pocket expenses. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the Competition Rules, your rights and obligations, or Capcom’s rights and obligations in connection with a Competition, shall be governed by, and construed in accordance with California law without regard to choice of law or conflict of law rules. Failure to enforce any term of these Terms or the Competition Rules shall not constitute a waiver of that term.
Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CAPCOM HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, EXPENSES, COSTS AND LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES) AND LIABILITIES (INCLUDING SETTLEMENTS), BROUGHT OR ASSERTED BY ANY THIRD PARTY AGAINST CAPCOM DUE TO OR ARISING OUT OF YOUR SUBMISSION, CAPCOM’S USE OF YOUR SUBMISSION, OR YOUR PARTICIPATION IN A COMPETITION, INCLUDING CLAIMS FOR TRADEMARK INFRINGEMENT, COPYRIGHT INFRINGEMENT, VIOLATION OF AN INDIVIDUAL’S RIGHT OF PUBLICITY OR OF PRIVACY, OR DEFAMATION.
Cancellation: If for any reason a Competition (i) cannot be executed as planned, or (ii) infection by computer virus, bug, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other cause which in Capcom’s opinion corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Competition, then Capcom reserves the right at its sole discretion to cancel, terminate, modify or suspend such Competition. In the event of any cancellation, termination modification or suspension of a Competition, Capcom will post a notice at the site on which the Competition is announced.
Sponsor: Capcom U.S.A., Inc., 185 Berry Street, Suite 1200, San Francisco, CA 94107.
Additional Information: To obtain the winner’s name and/or a copy of these Terms or any Competition Rules, mail a stamped, self-addressed envelope to: Legal Department, Capcom U.S.A., Inc., 185 Berry Street, Suite 1200, San Mateo, CA 94107. Requests for winner information or Competition Rules must be received by Capcom within three months of the date on which the winner of the Competition was chosen.