Gearboxloot “Borderlands 2 Flashback T-Shirt” Giveaway

Official Rules

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

The Giveaway may only be entered in or from the 50 United States and the District of Columbia and Canada (excluding Quebec), and entries originating from any other jurisdiction are not eligible for entry.  This Giveaway is governed exclusively by the laws of the United States.  You are not authorized to participate in the Giveaway if you are not located within the 50 United States or the District of Columbia and Canada (excluding Quebec).

  1. Eligibility. Participation open only to legal residents of the fifty (50) United States and the District of Columbia and Canada (excluding Quebec) who are at least 18 years old and the age of majority in their state of residence as of date of entry. Void outside of the 50 United States and the District of Columbia, Canada (excluding Quebec) and where prohibited, taxed or restricted by law. Employees, officers and directors of Gearbox Publishing, LLC (“Sponsor”), and Gearbox Software (“Licensor”), and its respective parent companies, subsidiaries, affiliates, partners, retailers, advertising and promotion agencies, and manufacturers or distributors of Giveaway materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.  Only individuals can enter.  Entries from teams, companies or groups are not permitted.  Sponsor reserves the right to disqualify any entry, for whatever reason, including, but not limited to, a perceived or actual conflict of interest.  All federal, state, provincial and local laws and regulations apply.
  2. Start/End Dates. The Giveaway period begins 3:00 P.M. Central Time (“CST”) on November 29, 2019 and ends at 3:00 P.M. CST on November 30, 2019 (“Giveaway Period”). Sponsor’s computer is the official time-keeping device for the Giveaway.
  3. How to Enter.

 

To enter the Giveaway, read the Official Rules and during the Giveaway Period:  

 

Via Instagram: You may obtain one Entry by logging into your Instagram account, following @Gearboxloot and commenting on the giveaway announcement post with what you were doing on September 15, 2012. You may obtain an additional Entry (for a maximum of two Entries) by sharing a photo from September 15, 2012 on your Instagram account with the hashtag #WhereWereYouBL2 and tagging @Gearboxloot on the post.

If you choose to enter via Instagram using your mobile device, standard data fees may apply.  You should consult your wireless service provider’s pricing plan for details.  You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.

All entry information and posts shall be collectively referred to herein as “Entry” or each as an “Entry.” All Entries must comply with the Guidelines and Restrictions (as defined below), as determined by Sponsor in its sole and absolute discretion.  Sponsor reserves the right to cancel or modify this Giveaway in the event an insufficient number of entries are received that meet the minimum judging criteria.

 

  1. Entry Guidelines and Content Restrictions: By entering the Giveaway, each entrant agrees that each of his or her Entry conforms to the Entry Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Entry and disqualify an entrant from the Giveaway if it believes, in its sole discretion, that the entrant’s Entry fails to conform to the Guidelines and Restrictions.

 

Content Restrictions:

  • The Entry must not contain material that violates or infringes another’s rights, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
  • The Entry must not disparage Sponsor, any other person or party;
  • The Entry must not contain brand names or trademarks of any entity other than the Sponsor IP, which entrant has a limited license to use for the sole purpose of creating a Entry in this Giveaway;
  • The Entry must not contain footage, images or artwork not created by entrant or owned by Sponsor;
  • The Entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
  • The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.
  • The Entry must comply with Instagram’s

terms and conditions.

 

Sponsor’s decisions are final and binding in all matters relating to this Giveaway, including interpretation and application of these Official Rules.

 

  1. License: Providing an Entry constitutes entrant’s consent to grant Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entries in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, including, but not limited to, any and all Internet media, including Sponsor’s web sites and social media platforms, for any purpose whatsoever, including for promotional, advertising or marketing purposes.

 

  1. Prizes. One (1) Winner will receive one (1) Borderlands 2 launch t-shirt (size XL).

 

Prizes are non-transferable. No substitutions or cash redemptions. In the case of unavailability of any prize or part of prize, Sponsor reserves the right to substitute a prize of equal or greater value.  All taxes and unspecified expenses are the responsibility of winners.

 

Total Approximate Retail Value (“ARV”): $20 USD. Any difference between stated approximate retail value and actual value of Prize will not be awarded. All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion.

 

ALL ENTRANTS ACKNOWLEDGE AND AGREE THAT SPONSOR SHALL HAVE NO OBLIGATION TO POST, DISPLAY, OR OTHERWISE USE ANY ENTRIES, INCLUDING WITHOUT LIMITATION THE WINNING ENTRY.  FOR THE SAKE OF CLARITY, ENTRANTS UNDERSTAND AND AGREE THAT EVEN IF ENTRANT IS A WINNING ENTRY, SPONSOR IS UNDER NO OBLIGATION TO USE THE WINNING ENTRY FOR ANY PURPOSE WHATSOEVER.  HOWEVER, SPONSOR WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, AS DETERMINED BY IT IN ITS SOLE AND ABSOLUTE DISCRETION, TO USE THE WINNING ENTRY.  IF ANY ENTRY IS USED BY SPONSOR, INCLUDING THE WINNING ENTRIES, ENTRANTS WILL NOT RECEIVE ANY COMMISSION ON ANY PRODUCTS OR MERCHANDISE WITH SUCH ENTRANT’S ENTRY (IF APPLICABLE). 

 

  1. Notification.

 

Winners via Instagram:  The potential winner will be notified by a direct message from Sponsor.  The potential winner will be directed to email the Sponsor his/her contact information within three (3) calendar days of notification.

The potential winner will be required to email Sponsor within three (3) calendar days in order to claim prize.  The potential winner may be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within ten (10) days of prize notification.  If the potential winner cannot be contacted or does not contact Sponsor within three (3) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if the potential winner rejects his/her prize or in the event of noncompliance with these Giveaway rules and requirements, such prize will be forfeited and may be awarded to an alternate entrant. Upon prize forfeiture, no compensation will be given.

 

  1. Conditions. Neither Sponsor nor its Licensor shall be liable or responsible in the event any entrant or winner’s Entry is not used for any reason. Any and all federal, state and local taxes are the sole responsibility of the winners. Participation in Giveaway and acceptance of prize constitutes winner’s permission for Sponsor and its Licensor to use his/her name, address (city and state and country), likeness, photograph, picture, portrait, voice, biographical information, Entry and/or any statements made by each winner regarding the Giveaway, Sponsor or its Licensor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.  By participating, entrants and winners agree to release and hold harmless Sponsor, Licensor, Instagram and their respective  partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, or participation in Giveaway, or possession, acceptance and/or use or misuse of prize or participation in any Giveaway-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action.  Entrants who do not comply with these Official Rules or attempt to interfere with this Giveaway in any way shall be disqualified. Neither Sponsor nor its Licensor is responsible if Giveaway cannot take place or if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.

 

  1. Additional Terms. Any attempted form of entry other than as set forth in Section 3 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Giveaway, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Giveaway or downloading any materials in this Giveaway. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Giveaway should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Giveaway or web site. Sponsor may prohibit an entrant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO AND USE OF ANY WEBSITES ASSOCIATED WITH THIS GIVEAWAY AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE GIVEAWAY. WITHOUT LIMITING THE FOREGOING, THIS GIVEAWAY AND ALL PRIZES 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 EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ENTRANT. CHECK ENTRANT’S LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
  2. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Giveaway. Any controversy or claim arising out of or relating to these Official Rules and/or the Giveaway shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Texas, City of Dallas.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Giveaway, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Collin in the State of Texas.  The parties agree not to raise the defense of forum non conveniens.

  1. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review the Sponsor’s privacy policy at www.gearboxpublishing.com/privacy/.  By participating in the Giveaway, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
  2. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by December 4, 2019 to: Gearboxloot “Borderlands 2 Flashback T-Shirt” Giveaway Winner’s List Request, Gearbox Publishing, LLC, 5757 Main St., Suite 500, Frisco, TX 75074 United States.
  3. Sponsor. Gearbox Publishing, LLC.  The Sponsor’s address is Gearbox Publishing, LLC, 5757 Main St., Suite 500, Frisco, TX 75074 United States.

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT INSTAGRAM.

 

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