Promotion Terms & Conditions
Effective Date: August 1, 2024
RULES
Maglev Games Promotion Terms & Conditions: NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN A SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING SWEEPSTAKES.
ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
GENERAL TERMS & CONDITIONS. The following Promotion Terms & Conditions (“Promotion Terms”) apply generally to the entertainment promotions (“Promotions”) made available by Maglev Games, LLC. and its affiliates (collectively “Maglev Games”) through Maglev Games’ Services, including game applications published by Maglev Games (“Game or Games”).
HOW IT WORKS. If you have downloaded or are using a Maglev Games Game, you may receive a notice within or outside the Game (“Promotion Notice”) that you are eligible to participate in a Promotion. A Promotion could be a contest, a sweepstakes, a tournament, a gift with purchase, or a special offer. Each Promotion Notice will contain basic rules applicable to the Promotion, which you must agree to (in addition to these Promotion Terms) in order to participate in the Promotion. If you do not agree to the applicable terms, please do not participate in the Promotion.
PROMOTION DATES AND TIMES. All Promotions begin and end dates and times will be stated within the Promotion Notice. All entries must be received during the promotion period described in the Promotion Notice. All times will be listed in Central (Texas) Time.
SPONSOR: Maglev Games Promotions are sponsored by Maglev Games, LLC, 13100 Wortham Center Drive, 3rd Floor Suite 1044, Houston, Texas 77065 (“Sponsor”). Additional sponsors, if any, will be specifically announced by Maglev Games in the Promotion Notice.
ENTRANT ELIGIBILITY. Unless otherwise stated in a Promotion Notice, Promotions are open only to legal residents of the 50 United States, DC, and Canada (excluding Puerto Rico and the Province of Quebec), eighteen (18) or older as of the date of entry, who have access to the applicable game prior to the Promotion start date and have a valid game account in good standing (each participant, an “Entrant”). These Promotions are void wherever they are prohibited. Employees of Maglev Games, its advertising and/or promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of any Maglev Games Promotion, as well as each parent corporation, subsidiary and/or affiliated company (collectively, “Promotion Entities”), and their immediate family members (defined to include spouses, mothers, fathers, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in any Maglev Games Promotion.
GAME ELIGIBILITY. Unless you are otherwise redirected in the Promotion Notice, these rules apply to all Promotions administered by Maglev Games.
HOW TO ENTER OR PARTICIPATE. Enter or participate by following the instructions provided in the Promotion Notice.
RESTRICTIONS ON USER-SUBMITTED ENTRIES. To the extent that a Promotion requires the submission of content (such as a photo, screenshot, video, or other content) (each, a “Submission”), the following terms apply:
(a) By entering a Submission, you represent and warrant that each Submission: (i) is your original creation and does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or violate any applicable law or regulation; (ii) has not been previously awarded a prize or award during any other contest or promotion sponsored by Sponsor or any third party; and (iii) is not obscene, lewd, profane, pornographic, disparaging, indecent and does not describe illegal behavior.
(b) If a Submission does not meet the criteria described in these Promotion Terms, Sponsor may disqualify and discard the Submission either immediately or at any time. By entering a Submission, you acknowledge that Sponsor may obtain other Submissions that are similar or identical in theme, format, or other respects to that submitted by you. You acknowledge that Sponsor does not waive any rights to use ideas, themes, or concepts previously known to Sponsor, or developed by its employees, or obtained from sources other than you, including another Entrant, which may be similar to your Submission. You also agree that Submissions may or may not be posted in the Game or on the Sponsor’s website, in Sponsor’s sole discretion. By entering a Submission, you agree that Sponsor is not responsible for any unauthorized use of Submissions by third parties.
(c) By entering the Promotion, you hereby grant to Sponsor an irrevocable and non-exclusive, royalty-free, worldwide, perpetual, fully transferable, sub-licensable right and license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform or otherwise exploit your Submission for any purpose including the marketing and promotion of Sponsor and its products and services, in whole or in part, in edited, altered or modified form, and in all media now known or hereinafter invented. Except where prohibited under local law, you hereby agree not to instigate, support, maintain or authorize any action, claim or lawsuit against Sponsor, or any other person, on the grounds that use of your Submission as provided herein, infringes your rights as a creator of the Submission.
PROMOTION FORMATS (HOW TO WIN). Maglev Games offers promotions in a variety of formats, including sweepstakes, contests, tournaments, and other special offers. See each Promotion Notice for details on how to enter.
ALTERNATE METHOD OF ENTRY (For Sweepstakes Only). The Alternate Method of Entry (“AMOE”) applies to specified sweepstakes only and is not available for other Promotions. If you are entering a sweepstakes that offers an AMOE, you may enter via the AMOE during the Promotion Period by emailing the email address listed in the Promotion Notice, or if none is provided email AMOE@Maglevgames.com using the name of the Promotion and the title of the Game as the email subject line (as listed in the Promotion Notice) and including the following information in the body of the email:
- Your full name
- Your date of birth
- Your User ID number as found within the settings or options in most of our Games
- Any other information described in the Promotion Notice. Any email that does not meet the criteria listed above will be ineligible to win. When you enter via the AMOE, you will receive the maximum number of entries in the sweepstakes as would otherwise be available to an Entrant who does not take advantage of the AMOE. Automated AMOE entries are strictly prohibited.
SELECTION OF WINNERS.
Tournament. All Entrants, including the winner, will be notified of their standing within Game, unless otherwise stated in the Promotion Notice, of their standing at the close of the tournament.
Sweepstakes. Sponsor will select one or more Entrants via a random drawing that will take place within 72 hours after the Promotion’s listed end date; selected Entrants will be potential winners until eligibility is confirmed by Sponsor, as further described below. For any sweepstakes, the odds of winning depend upon the number of entries received. Non-winning entries will not carry forward to or be included in any subsequent sweepstakes or prize drawings of Sponsor.
Contest. The judging criteria used to determine winners will be described in the Promotion Notice. The Entrant whose Submission best meets the judging criteria will win. The decisions of the judges will be final.
PRIZES. The prize(s) will be listed in the Promotion Notice (“Prize Package”). All Prize Packages are digital in nature and have only entertainment value. Prize Packages are not transferable, have no cash value whatsoever, and are for entertainment purposes within the particular Game.
PRIZE CONDITIONS: ALL POTENTIAL WINNERS’ ELIGIBILITY STATUS SHALL BE VERIFIED BY SPONSOR PRIOR TO ANY AWARDS OF PRIZE PACKAGES. If a potential winner is found to be ineligible, or if a potential winner does not comply with the Promotion Terms, then the winner will be disqualified and deemed to have forfeited their prize. It is a Winner’s sole responsibility to notify Sponsor of any changes in their name and/or address or other contact information. A winner waives the right to assert, as a cost of winning a prize, any and all costs of verification and redemption to redeem said prize and any liability that might arise from redeeming or seeking to redeem said prize. Except where prohibited by law, a winner’s entry and acceptance of the prize constitutes permission for Sponsor and/or any Promotion Entities to use said winner’s name, and in some cases, his or her photograph, likeness, image, game avatar, screenname, statements, biographical information, voice, city, and state address for trade, advertising, public relations and promotional purposes, and otherwise in accordance with Maglev Games’s Privacy Policy (https://www.Maglevgames.com/privacy). All entries may be subject to verification prior to awarding of prizes.
NOTIFICATION OF WINNERS. Potential winners will be notified publicly in the Game, via public forums, using an inbox message, or another method described in the Promotion Notice. potential winners may be required to sign an affidavit of eligibility, liability release, and where allowed, a publicity release (collectively, the “Affidavit”), and return the same, properly executed, within seven (7) days of issuance of notification. If a prize or prize notification is returned as undeliverable, or if a potential winner cannot be contacted after a reasonable number of attempts, is ineligible according to these Promotion Terms, fails to provide the required information and/or return the required documents within the specified time period, decides to decline his/her prize for any reason whatsoever, or otherwise fails to fully comply with these Promotion Terms, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion.
PROMOTION CONDITIONS: VOID WHERE PROHIBITED. Promotions are subject to all applicable federal, state and local laws.
By participating, Entrants agree to be fully and unconditionally bound by these Promotion Terms and the decisions of the Sponsor and waive any right to claim ambiguity in any Promotion or these Promotion Terms. Winners and Entrants also agree to release, discharge, indemnify and hold harmless the Sponsor(s) and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from redemption, acceptance, possession, ownership, misuse or use of any Prize Package or participation in the Promotion or any Promotion-related activities. Sponsor makes no warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability or fitness for a particular purpose (unless Sponsor provides the prize winner with written warranties). Further, no responsibilities are accepted for any additional expenses, omissions, delays or acts of any government authority.
RESTRICTIONS. The Prize Package consists of only those items specifically described as part of the prize in the Promotion Notice. Sponsor may at its sole and absolute discretion provide different prizes of equal or greater value. Sponsor shall not be liable to any winner or any person claiming through such winner for any claim of failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control.
LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, faulty transmissions, or other telecommunications malfunctions and/or entries; (2) technical failures of any kind; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (6) 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 Promotion or receipt or use of any prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. Sponsor may prohibit an Entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs or bots) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor’s representatives. If for any reason the Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical error, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend all or any part of the Promotion and to select a Potential Winner from among all entries received by Sponsor and determined to be eligible in Sponsor’s sole discretion, up until the time of such cancellation, termination, modification or suspension, as applicable. Caution: any attempt by an Entrant to deliberately damage the website or Game or undermine the legitimate operation of the Promotion may be in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek civil and/or criminal prosecution and damages (including attorneys’ fees) from any such Entrant to the fullest extent of the law.
PRIVACY POLICY AND TERMS OF USE. By entering a Promotion, each entrant acknowledges that they have read and agree to Maglev Games’ Terms of Service (located at https://www.Maglevgames.com/tos), and that any of the entrant’s information made available to Maglev Games in connection with a Promotion will be treated in accordance with Maglev Games’ Privacy Policy (located at https://www.Maglevgames.com/privacy/).
Both Maglev Games’ Terms of Service and Privacy Policy are hereby incorporated into these Promotion Terms by reference. The rules for any given Promotion shall supersede any contradictory terms contained in these Promotion Terms. Each Entrant acknowledges that if he/she is a winner, certain of his/her identifying information may be publicly disclosed to announce the winner and/or disclosed to third parties at least as required by law, including, without limitation, on a winners list.
WINNER(S) LIST. A winners list becomes available after completion of a Promotion and will remain available for 120 days. You may write to Sponsor at Maglev Games, LLC., 13100 Wortham Center Drive, 3rd Floor Suite 1044, Houston, Texas 77065 to request a copy of the list. To do so, please include a self-addressed, stamped envelope (WA residents excluded), and request the name of the Winner(s) for a particular Promotion (note: you will generally receive the username for privacy purposes). You must include the name and date of the Promotion, including the game title.
COUNTRY SPECIFIC NOTICES: If any provision of a Promotion is invalid under the law, rules, or regulations of a particular country, it will only apply to the extent permitted by such laws, rules, and/or regulations.
MISCELLANEOUS. Entrants agree and accept that the Sweepstakes shall be conducted in English and waive any claim they may have under laws outside the United States that require a sweepstakes to be conducted in local languages. The invalidity or unenforceability of any provision of these Promotion Terms will not affect the validity or enforceability of any other provision. In the event that any provision of the Promotion Terms or Promotion Notice is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Promotion Terms or the Promotion Notice will not constitute a waiver of that provision. When terms such as “may” are used in these Promotion Terms, Sponsor has sole and absolute discretion. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy, or terms of use on Sponsor’s Website and/or the terms and conditions of the Promotion Terms, the Promotion Terms shall prevail, govern, and control, and the discrepancy will be resolved in the Sponsor’s sole and absolute discretion.
Unless specifically noted, Maglev Games Promotions are in no way sponsored, endorsed or administered by, or associated with any social network, including but not limited to Facebook, Instagram, TikTok, or X.
