EVERMERGE SPOOKSTAKES
SWEEPSTAKES OFFICIAL RULES
Important: Please read these Official Rules before entering this sweepstakes promotion. By participating in this Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH META PLATFORMS, INC., FACEBOOK, INC., GOOGLE, LLC., OR APPLE, INC.
Sweepstakes void where prohibited by law. Subject to applicable federal, state, and local laws.
1. Sweepstakes Period: The sweepstakes entry period for the “EverMerge SPOOKstakes” (the “Sweepstakes”) sponsored by Big Fish Games, Inc. (“Sponsor”) starts at 09:00:00 a.m. Pacific Time (PT) on October 23, 2024 and ends at 11:59:00 p.m. PT on October 27, 2024 (the “Sweepstakes Period”). The Sweepstakes may be marketed under the name ‘EverMerge Giveaway” or “EverMerge 2024 SPOOKstakes”. All entries must be received during the Sweepstakes Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor or its designee’s computer is the official time-keeping device for the Sweepstakes. Any attempted form of entry into the Sweepstakes other than as described in these Official Rules will be void.
2. Eligibility: The Sweepstakes is open only to natural persons who meet the following criteria at the time and date of entry and through award of the prizes: (a) are at least eighteen (18) years old (or the age of majority in their jurisdiction, whichever is older), (b) are a citizen or legal resident of and physically residing in one (1) of the fifty (50) United States or District of Columbia, and (c) have a Facebook Profile set to public. This Sweepstakes is void in Puerto Rico, Guam, American Samoa, all other United States territories, possessions, protectorates, foreign-based United States military installations, and wherever restricted or prohibited by law. Any person who attempts to participate in this Sweepstakes, regardless of whether they satisfy the above eligibility requirements and/or ultimately enter the Sweepstakes successfully, is referred to in these Official Rules as an “Entrant”.
Directors, officers, members, managers, and employees of Sponsor, and any of its respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, webmasters, and immediate family members of each are not eligible to win any prize. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, “step” children, siblings, and their spouses.
IF YOU DO NOT MEET THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE.
By entering this Sweepstakes, Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
3. How to Enter: Entrant must have a valid Facebook account to enter. During the Sweepstakes Period, visit the EverMerge Facebook Page at https://www.facebook.com/EverMerge and find the SPOOKstakes call to action post (the “Sweepstakes Post”), and respond to the question posed via the comment function in the Sweepstakes Post to be entered. Only entries made during the Sweepstakes Period are eligible. Entries which (a) include any personally identifiable or sensitive information (excluding Facebook account information which you have set to be visibly public such as username or profile photo) (b) contain any illegal, obscene, defamatory, libelous, offensive or other inappropriate content, or any reference to a third party or a third party’s products or services; or (c) are generated by script, macro or other automated means or by any means which subvert the entry process are void. Limit one (1) Entry per person, regardless of the number of Facebook profile accounts they may have, for the Sweepstakes Period. Total limit of one (1) entry per person into the Sweepstakes.
If Entrant does not have a Facebook account, they may go to facebook.com or download the Facebook app through the application store on their mobile device and follow the instructions to set up an account. Entrant must comply with all applicable Facebook terms and conditions. The Facebook account and mobile application are both free. Once you have logged in to your Facebook account, visit the EverMerge Facebook Page as directed above.
Entrant must comment on the Sweepstakes Post on the EverMerge Facebook Page during the Sweepstakes Period to receive an entry into the Sweepstakes. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled comments, which will be disqualified. Proof of entry will not be deemed to be proof of receipt by Sponsor.
By submitting an entry as instructed (“Entry”), Entrant agrees that their Entry conforms to the Guidelines and Restrictions below. Sponsor may choose to remove any Entry or disqualify Entrant from the Sweepstakes if Sponsor believes Entrant’s Entry fails to conform with the Guidelines and Restrictions. Upon completion of all required entry steps and compliance with the Guidelines and Restrictions, Entrant will receive one (1) entry into the Sweepstakes.
Limit: ONE (1) ENTRY PER PERSON, REGARDLESS OF THE NUMBER OF FACEBOOK PROFILES THEY MAY HAVE, DURING THE SWEEPSTAKES PERIOD.
Any attempt to obtain additional entries, including through multiple or duplicate accounts will result in disqualification. No entries will be accepted from Facebook Pages, Facebook Groups, Profiles with Professional Mode enabled, or Facebook Profiles set to private. Entrant’s Facebook Profile must be public and viewable to the Sponsor and/or their authorized representative.
If Entrant chooses to enter using their mobile device, standard data rates may apply. Entrant should consult their wireless service provider’s pricing plan for details.
Entry Guidelines and Restrictions:
4. Identity of Entrant: All Entries must be made by the individual Entrant. Entries received through a business account/profile or creator account/profile will be disqualified. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same Facebook account. Any attempt to obtain additional entries through use of multiple accounts, fraud, or other illegitimate means will result in disqualification, at Sponsor’s discretion. No entries will be accepted from Facebook Pages, Facebook Groups, Profiles with Professional Mode enabled, or Facebook Profiles set to private. Entrant’s Facebook Profile must be public and viewable to the Sponsor or their authorized representative.
In the event of a dispute about the identity of the Entrant, entries will be declared made by the authorized account holder of the email address associated with the account on which the Entry is made. An “authorized account holder” means the natural person who is assigned to an email address by an internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning Entry.
5. Selection and Notification of Winner: Sponsor or Sponsor’s designated agent will select five (5) Entries in a random drawing from among all eligible entries (each a “Winner”, and collectively “Winners”) received during the Sweepstakes Period on or about October 28, 2024. The odds of winning depend on the number of eligible entries received.
If a potential winner is found ineligible or fails to comply with these Official Rules or any supplement rules or requests by the Sponsor, that individual’s claim to a Prize is forfeited and an alternate qualifying and eligible Entrant may be selected as a winner and contacted at Sponsor’s sole discretion.
All Prizes legitimately claimed will be awarded. Limit one (1) Prize per person.
Potential winners will be notified via private message on Facebook at the account used to make their Entry, unless otherwise specified in these Official Rules or the Sweepstakes Post. The potential winner must respond to Sponsor via a reply to Sponsor’s private message on Facebook no later than 24 hours after the notification is sent or the Prize will be forfeited. Notification is deemed to have occurred immediately upon sending the private message on the Facebook platform. Sponsor is not responsible for private messages on Facebook that are undeliverable or delivered to a supplemental inbox without notification, or any limitations associated with receipt or delivery of the private message on Facebook. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return an Affidavit of Eligibility and Liability/Publicity Release. If (i) the attempted notification is returned or bounced; (ii) any required documents are not returned as requested; or (iii) the potential winner is otherwise unable to accept the Prize by the required response date and time, the prize will be forfeited. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of Prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of Prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such Prize(s). Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.
Winner may be required to provide Sponsor with their in-game ID (Friend Code) to receive their Prize. Failure to provide the in-game ID (Friend Code), if required, in the time required will result in forfeiture of the Prize and Sponsor shall have no obligation to provide any substitute compensation. If a Winner has not downloaded the EverMerge mobile app, they will be required to do so prior to obtaining their Prize. Winner may be required to exit the EverMerge mobile game and close the mobile app to activate their Prize.
Verification of Potential Winner: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
6. Prizes: Five (5) Total Prize Packs (“Prizes”) available for the Sweepstakes.
Each Winner will receive the following Prize Pack (“Prize”): Two Hundred Fifty (250) Energy, Seventy-Five (75) Rubies, Two (2) Grand Builder Chests, Three (3) Professional [GE1] Hammers, One (1) Legendary Creature Pack, and Two Hundred (200) Virtual Coins.
Total Approximate Retail Value of Each Prize Available for the Sweepstakes: Twelve Dollars and Sixteen Cents ($12.16).
Total Approximate Retail Value for All Prizes Available for the Sweepstakes: Sixty Dollars and Eighty Cents ($60.80).
Prize Restrictions: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any mis-redeemed, lost, or stolen prizes or prize components. Only the number of prizes stated in these Official Rules are available to be won in the Sweepstakes.
Except for applicable warranties provided in the Big Fish Games Terms of Use[GE2] , available at https://www.bigfishgames.com/us/en/company/terms.html, the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose). Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the opportunity to receive the Prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. If the Winner does not accept or use the entire Prize, the unaccepted or unused Prize (or part of the Prize) will be forfeited, and Sponsor will have no further obligation with respect to that Prize or any portion of that Prize. Sponsor will have no liability for a potential Winner’s failure or inability to accept a Prize for any reason.
7. Release, Hold Harmless, and Indemnification: BY ENTERING, ALL ENTRANTS IN THE SWEEPSTAKES, ENTRANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SPONSOR AND THEIR PARENT COMPANIES, META PLATFORMS, INC, FACEBOOK, INC., GOOGLE, LLC, APPLE, INC. AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE OR PARTICIPATION IN THE SWEEPSTAKES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR ANY OTHER RELEASED PARTY.
8. Disclaimers: By participating in the Sweepstakes, Entrant agrees to release, discharge, indemnify, and hold harmless the Released Parties from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrant’s participation in the Sweepstakes; (ii) any acceptance, possession, misuse or use of any Prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from and participation in any Prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light, or based on any claim of infringement of intellectual property; and (iv) any typographical, human, or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or Prize. Without limiting the generality of the foregoing, Entrant agrees that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose. Entrant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or internet service provider utilized by Sponsor; interruption or inability to access Facebook, or any online service via the internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. The Released Parties are not responsible for any changes or unavailability of the wireless carrier, internet service provider, or the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the website, SMS text service, or social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via Facebook messenger, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
Sponsor is not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules. In addition, Sponsor is not responsible for any typographical errors in these Official Rules, the Sweepstakes Post, Sweepstakes content, or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, internet, network, data, technical or telephone failures and/or problems caused by the Sponsor, the social media platform, or any user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way, or prevented, including, without limitation, because of any kind of ransomware, cyber-attack, computer viruses, bugs, electronic, hardware, software, internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure, or any other cause created by any user or Entrant or a third party, or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and select Prize winners from all valid entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal (if any) or to otherwise award any Prize(s) as deemed fair and appropriate by Sponsor in its sole discretion. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic/pandemic of health or other means, earthquake, explosion, riot or civil disturbance, public health crisis (e.g. COVID-19, SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott, labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order, guidance, or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order, guidance, or request proves to be invalid); DDoS, ransomware or cyber-attack; order of any court or jurisdiction; or any other cause not reasonably within Sponsor’s control.
9. General Conditions of Entry: All Entrants, as a condition of entry, agree that they have not been required to purchase any kind of Internet, wireless, or data service whatsoever to participate in and/or enter the Sweepstakes. The Sponsor is not responsible for the actions of Entrants in connection with the Sweepstakes, including any Entrant’s attempt to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or who Sponsor believes to be causing malfunction, error, disruption, or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes and/or suspension from use of Sponsor’s games. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole and absolute discretion, to disqualify (or terminate the Prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person.
Entrant further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States or United Kingdom that may be applicable with respect to the foregoing release(s) are hereby expressly and forever waived. Entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
10. Limitations of Liability; Releases: By entering the Sweepstakes, Entrant releases Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, ADMINISTRATION OF THE SWEEPSTAKES, THESE OFFICIAL RULES, THE SWEEPSTAKES POST, AND ANY ADDITIONAL OR SUPPLEMENTARY RULES, AFFIDAVIT, PRIZE CLAIM DOCUMENTS, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE U.S. DOLLARS ($5.00 US), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIVE U.S. DOLLARS ($5.00 US), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF, PROVIDED HOWEVER THAT NOTHING IN THESE OFFICIAL RULES WILL RESTRICT A CALIFORNIA RESIDENT’S RIGHT (IF ANY) TO PURSUE PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW IN ACCORDANCE WITH THE DISPUTE-RESOLUTION PROVISION ABOVE.
11. Use of Name, Likeness, etc.: To the fullest extent permitted by applicable law, entry into the Sweepstakes constitutes permission to use your name, hometown, aural and visual likeness, screen name, avatar, and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any Prize, except where prohibited by law, each winner may be required to execute a consent to the use of their name, hometown, aural and visual likeness, screen name, avatar, and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering this Sweepstakes, you consent to being contacted by Sponsor for any purpose in connection with this Sweepstakes.
12. License to Entry: By entering the Sweepstakes and providing your Entry in connection with the Sweepstakes, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license, (with the right to sublicense), to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Entry, or any portion thereof (including your name and likeness as shown and conveyed in the Entry), in connection with the Sweepstakes and for other advertising, marketing, and promotional purposes, and to incorporate Entries, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Entry you submit or to return any such Entry to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor's expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Entry.
13. Privacy: Entrant’s personal information will be utilized by Sponsor for administration of the Sweepstakes, fulfillment of Sweepstakes Prizes, to comply with legal requirements, and otherwise in accordance with Sponsor’s Privacy Policy. To review Sponsor’s Privacy Policy, go to https://www.bigfishgames.com/us/en/company/privacy.html.
14. Governing Law, Jurisdiction, and Venue: This Sweepstakes, administration of this Sweepstakes, these Official Rules and any supplemental rules, each Sweepstakes Post, a Prize, and/or any Prize claim documents or Affidavit and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict or choice of law rules.
The parties acknowledge that these Official Rules evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted under these Official Rules shall be governed by the Federal Arbitration Act (9 U.S.C., §§ 1-16).
You and Sponsor irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts located in King County, Washington, for all disputes arising out of or relating to this Sweepstakes, administration of the Sweepstakes, these Official Rules and any supplemental rules, the Sweepstakes Post, a Prize, and/or any Prize claim documents or Affidavit, that are heard in court (not arbitration).
15. Dispute Resolution by Binding Arbitration: PLEASE READ THIS "DISPUTE RESOLUTION BY BINDING ARBITRATION" PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SPONSOR AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST SPONSOR. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST SPONSOR BY SOMEONE ELSE. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THESE OFFICIAL RULES, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION.
Most of your concerns can be resolved quickly and satisfactorily by contacting Sponsor’s customer support through links available in your EverMerge app or at https://bigfishgames.zendesk.com/hc/en-us/p/help_center. We encourage you to try Sponsor’s customer support before beginning any formal dispute procedures, but you are not required to.
a. Scope of Arbitration. All disputes, claims, or controversies (except those listed below) arising out of or relating to this Sweepstakes or these Official Rules, except for (i) claims regarding the infringement, protection or validity of either party or its licensors' trade secrets, copyright, trademark, or patent rights; and (ii) claims brought in small claims court in the county of your legal residence (collectively, “Disputes”, and each a “Dispute”), shall be determined exclusively by binding individual arbitration. Any question about the arbitrability of any Dispute shall be determined by the arbitrators. The parties waive their rights to a jury trial and to have any Disputes resolved in court.
b. Informal Negotiations. The parties shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations begin upon the sending of a properly addressed written notice to Sponsor ("Notice of Dispute"). The Notice of Dispute must: (i) include the full name and contact information of the complaining party; (ii) additional information to positively identify the complaining party, such as, but not limited to, email address used to establish your EverMerge Account, Friend Code(s), player identification, device ID; (iii) describe the nature and basis of the claim or Dispute; and (iii) set forth the specific relief sought. The Notice of Dispute to Sponsor shall be sent to: Big Fish Games, Inc. Attn: Legal Department, 906 Alaskan Way, Suite 700, Seattle, Washington 98104. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrators have determined the amount of the award, if any, to which either party is entitled.
c. Location of Arbitration and Applicable Rules. The parties agree that any Disputes not resolved through informal negotiations will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The parties agree that arbitration shall occur in King County, Washington. The parties agree that Disputes will be held in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”). For in-person arbitration proceedings, either party may request to appear in such proceedings telephonically. Unless the parties agree otherwise, such arbitration shall be conducted by a panel of three arbitrators in accordance with the JAMS Rules, as modified by these Official Rules. Unless the parties agree otherwise, within 30 days after the commencement of arbitration, each party shall select one person, who must be a retired federal judge and a member of the JAMS panel of neutrals, to act as arbitrator, and the two so selected shall select a third arbitrator within 60 days of the commencement of the arbitration. The third arbitrator preferably will be, but is not required to be, a retired federal judge who is a member of the JAMS panel of neutrals. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator within the allotted time, the third arbitrator shall be appointed by JAMS in accordance with its rules. All arbitrators shall serve as neutral, independent, and impartial arbitrators.
d. Authority of Arbitrators. The parties agree that these Official Rules affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Official Rules and the JAMS Rules, the arbitrators will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrators may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual, unless all involved parties consent to such consolidation.
e. Confidentiality. You, Sponsor and the arbitrators shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrators will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary.
f. Allocation of Arbitration Fees. If you assert a Dispute as a consumer, which “consumer” shall mean a person entering the Sweepstakes for personal, noncommercial purposes, you will only be required to pay arbitration fees of $250 of the fees charged by JAMS in connection with any arbitration under this Section, and Sponsor will bear all other costs charged by JAMS or the arbitrators, including any remaining JAMS Case Management Fee and all professional fees for the arbitrators’ services. You will still be responsible for paying your own attorneys’ fees.
g. STATUTE OF LIMITATIONS. ANY DISPUTE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE RELEVANT CLAIM AROSE; OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED, WHICH MEANS THAT THE PARTIES WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
h. WAIVER OF CLASS RELIEF. ALL ARBITRATIONS AND LITIGATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND SPONSOR WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OTHER REPRESENTATIVE ACTION OR PROCEEDING, OR ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS (INCLUDING IN A PRIVATE ATTORNEY GENERAL CAPACITY). YOU AND SPONSOR ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
i. If any portion of this Section is determined by a court to be unenforceable or invalid for any reason, (i) the unenforceable or invalid provision shall be severed from these Official Rules; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
CALIFORNIA NOTICE:
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
16. General Conditions: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to suspend or cancel the Sweepstakes or any entrant’s participation in the Sweepstakes should viruses, bugs, unauthorized human intervention, or other causes beyond Sponsor’s reasonable control affect the administration, security, or proper play of the Sweepstakes, or Sponsor otherwise becomes (in its discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, violate any law, rule, or regulation in connection with participation in the Sweepstakes, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes, or any other entrant (as determined in Sponsor’s discretion) are subject to disqualification from the Sweepstakes. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Sweepstakes. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
17. Winner List; Rules Request: For a copy of the winner list, send an email to sweepstakes@bigfishgames.com within 60 days after the closing of the Sweepstakes Period, Attn, EverMerge Sweepstakes. To obtain a copy of these Official Rules, see https://bigfi.sh/EverMergeSweepstakes.
18. Intellectual Property Notice: BIG FISH and EVERMERGE are trademarks of Big Fish Games, Inc. The Sweepstakes and all accompanying materials are copyright © 2024 by Big Fish Games, Inc. All rights reserved.
19. Sponsor: Big Fish Games, Inc., 906 Alaskan Way, Suite 700, Seattle, WA 98104.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Apple, Inc., Google, LLC, Alphabet, Inc., Meta Platforms, Inc., Facebook, Inc., or any other third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with these Official Rules. Winner information may be shared with third parties for prize fulfillment purposes.