Donation Incentive Legal Stuff

NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OR DONATION WILL NOT INCREASE YOUR CHANCES OF WINNING.

SPONSOR. MOGTALK, LLC (“Sponsor”).

SWEEPSTAKES PERIOD. The FFXIV World Race for Charity SWEEPSTAKES (“Sweepstakes”) will begin on December 8th, 2020 at 1:00:00 am PST (“Start Date”) and end on December 11th, 2020 at 1:00:00 am PST (“End Date”) and consist of Prize Rounds, as outlined in the final Paragraph below (collectively, the “Sweepstakes Period”).

Sponsor’s computer is the official time-keeping device for the Sweepstakes.

Entry Eligibility. In order to enter into this Sweepstakes, you must, as of the Start Date: be at least 18 years old and the legal age of majority in your state or jurisdiction of legal residence as of the date of entry. Personal information collected as part of this Sweepstakes, including e-mail address, is subject to the Privacy Policy of Sponsor. Sponsor, Beneficiary, and their respective parents, affiliates, and subsidiaries, and any other parties associated with the development and execution of this Sweepstakes, and their respective employees, officers, and directors (and their immediate families and members of the same household) are not eligible to enter or win. Those residing in the following countries/territories are ineligible: Brazil, Italy, Quebec of Canada, and any country United States businesses are forbidden by law to ship to or have business with.

HOW TO ENTER. Donations received via Tiltify will be collected and randomly selected for their winners. If a donation of $1.00 or more is made, user is automatically entered to receive a chance of a MogStation Digital Item. If a donation of $5.00 or more is made, user is automatically entered to receive a chance of a custom commission from partnered artist. If a donation $10.00 or more is made, user is automatically entered to receive a chance of winning a Lenovo ThinkPad X1 ANC Headphones.

In order to be automatically entered to win a prize, go to https://donate.tiltify.com/@frosty_tv/ffxiv-world-race-for-charity (the “Website”) and follow the on-screen instructions to make a donation to incentive that meets the minimum specified requirement. All entries received during the specified timeframe of the event will be entered to win one of the prizes corresponding to that amount of the total donations they sent.

In order enter without making a donation, send an e-mail to frostyffxiv@gmail.com including a picture of a postcard 5 x 7 and legibly hand-print your first and last name, home address, date of birth, telephone number, and e-mail address, with the following statement, noting in which incentive your entry should be counted: “Please enter me in the FFXIV World Race Sweepstakes – Incentive _______.” EMAIL-IN ENTRIES MUST BE SENT NO LATER THAN THE NEXT BUSINESS DAY FOLLOWING THE CLOSE OF THE APPLICABLE PRIZE PERIOD AND RECEIVED NO LATER THAN DECEMBER 12TH, 2020.

Limit one entry per household, per incentive, regardless of method of entry.

SELECTION OF WINNERS. For each prize available in each incentive, one entry will be selected from all eligible entries received in a random drawing (the “Drawings”) to be a potential prize winner (“Potential Winners”). The Drawings will be held on or before December 21st, 2020. The Drawings will be conducted by representatives of charity event organizer whose decisions are final on all matters relating to this Sweepstakes. The Potential Winners will be notified by email at the email address provided upon entry about one (1) day after the date of the Drawings.

VERIFICATION OF WINNERS AND DELIVERY OF PRIZES. The Potential Winners may be required to sign an affidavit of eligibility and liability release and, where permitted, a publicity release. Subject to verification of eligibility and compliance with the terms of these Official Rules, the Potential Winners will be declared the Winners of the Sweepstakes. Each prize may be awarded to an alternate winner if the affidavit/release is not returned within 24 hours after the prize notification e-mail is sent to the Potential Winner or if the prize notification email or the prize is returned as undeliverable. The Potential Winners may be asked to provide necessary tax documentation, such as a Form W9, completed in full, before the prize may be awarded. The Potential Winners will be notified of the necessary tax documents, and the Potential Winners will have seven (7) days from the time of this notification to provide the documents. Failure to provide the necessary tax documents will result in the prize being awarded to an alternate winner. If a prize is won by a minor, it may be awarded in the name of a parent or legal guardian at Sponsor’s sole discretion. Furthermore, if it is discovered that the winner resides in an ineligible country or otherwise does not meet the eligibility requirements, the prize will be re-drawn for an alternate winner.

CANCELLATION OF A PRIZE DRAWING. If an individual prize fails to be awarded and delivered to a Winner of the Sweepstakes after three Potential Winners are randomly drawn and refuse to accept the prize or do not meet the eligibility requirements, that prize drawing may be cancelled. The prize will then be returned to the provider of the prize, or sold at online auction, with full proceeds from the auction being donated to the BENEFICIARY. All costs of returning the prize, or performing the auction will be covered by the SPONSOR.

PRIZE. Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. Sponsor is responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Odds of winning depend on the number of eligible entries received. Taxes and fees, if any, are the sole responsibility of the Winner. The Internal Revenue Service may require Form 1099-MISC to be issued to and filed by the Winners. All prizes will be shipped to verified winners within thirty (30) days of Sponsor’s receipt of the affidavit of eligibility and liability release, and any applicable tax forms.

Disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Sweepstakes or any website related to the Sweepstakes, acting in violation of the Official Rules, or acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. In the event an individual charges back any donation, individual will be disqualified from the Sweepstakes, and may be disqualified from future Sweepstakes managed by the Sponsor, at the Sponsor’s discretion. Individual will be disqualified even if the individual has another valid means of entry. Each Potential Winner may be required to provide Sponsor with proof that the Potential Winner is the authorized account holder of the email account associated with the Potential Winner. Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor to participate in this Sweepstakes. Failure to provide such proof in a timely manner may result in disqualification. Sponsor may prosecute any fraudulent activities to the full extent of the law.

Release. In order to win a prize, each Potential Winner must agree to release and hold harmless and forever discharge Sponsor, Beneficiary, any other parties associated with the development and execution of this Sweepstakes, and their respective parents, wholly and partially owned subsidiaries, affiliates, officers, directors, employees, contractors, agents, and representatives (“Released Parties”) from any and all causes of action, liabilities, damages, suits, debts, claims, and demands of any kind whatsoever (including attorney’s fees and expenses) arising from or in any way related to this Sweepstakes, including but not limited to, any claims or causes of action for injuries that the Potential Winner may sustain as a result of Potential Winner’s participation in the Sweepstakes or receipt or use or misuse of any prize, or for any typographical, printing, or other inadvertent errors in the Official Rules. Except where prohibited, acceptance of the prize constitutes a release by the Potential Winner of the Released Parties of any and all claims in connection with the administration of this Sweepstakes and the use, misuse, or possession of the prize.

Limitations of Liability. Released Parties are not responsible for: (1) any incorrect or inaccurate information, printing, typographical, or other 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 Sweepstakes process; (4) printing, typographical, technical, computer, network, or human error which may occur in the administration of the Sweepstakes; or (5) late, lost, undeliverable, damaged, or stolen mail. Sponsor, in its sole and exclusive discretion, reserves the right to suspend, cancel or modify the Sweepstakes without notice or liability if the integrity of the Sweepstakes is compromised in any manner as determined by Sponsor, or if the Sweepstakes is not capable of being conducted as intended by Sponsor, including but not limited to technical failures of any kind. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries Any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes shall be resolved individually, without resort to any form of class action. Any claim or cause of action arising out of or related to this Sweepstakes or these Official Rules must be filed within one (1) year after such claim or cause of action arose regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. WINNERS (AND THEIR PARENTS OR LEGAL GUARDIANS IF ANY WINNERS ARE MINORS) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S/LEGAL FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF WINNER, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEBSITE OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S/LEGAL FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Disputes. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Winners and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Arizona without giving effect to any choice of law or conflict of law rules, and shall be subject to the exclusive jurisdiction of the state and federal courts located in Phoenix, Arizona. Questions/Comments. Send an email to frostyffxiv@gmail.com with any questions or comments regarding the Sweepstakes.