Contest Rules (“Rules”)

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

1. Eligibility

#Awaken2024 Metaphor: ReFantazio PAX West Photo Contest (the "Contest") is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. If you, the participant to this Contest, are under the age of majority in your jurisdiction of residence, you must have your parent or legal guardian’s permission to participate in this Contest and must provide evidence of such permission to Sponsor in whatever form required if requested by Sponsor. Employees of Sega of America, Inc. and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.

2. Sponsor

The Contest is sponsored by Sega of America, Inc. located at 140 Progress, Ste 100, Irvine, California 92620 (“Sponsor”).

3. Agreement to Rules

Your participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Rules and fulfilling all other requirements set forth herein.

4. Contest Period

The Contest begins on August 30, 2024 at 10:00 AM PDT and ends on September 6, 2024 at 9:59 AM PDT (the "Contest Period"). There is one (1) way to enter this Promotion during the Contest Period:

5. How to Enter

Online: This method of entry will be available by visiting the website, www.Awaken2024Campaign.com (the “Website”) and following the directions provided below to enter. Entries that are submitted before or after the Contest Period will be disqualified. Sponsor’s computer will be the official timekeeping device for the Contest. Participants are responsible for calculating the difference in time zones.

You may enter by visiting the Website. Submit a Contest entry (an “Entry”) by following the onscreen instruction on the Website to upload an original campaign poster created on the Website to Instagram, tagging @atlus_west and #Awaken2024 in the post copy. Any photo taken that is used in an Entry must be a selfie. Only entries on Instagram with the appropriate tags will be considered. In order to enter into this Contest, your Instagram account must be set to public.

Limit one (1) entry per person, per email address, and per household for the duration of the Contest Period, regardless of method of entry. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void.

6. Entry Judging and Entry Guidelines

During the Contest Period, Entries will be reviewed by judges from a panel selected by Sponsor and may consist of employees of the Sponsor’s marketing team or Sponsor’s third party vendor to determine whether the Entry complies with these Rules and to score each Entry based on the criteria listed below. Judging will be based on the following weighted criteria:

1. a. Composition of the original campaign poster submitted in the post copy – 50%
2. b. Creativity of the original campaign poster in the post copy – 50%

7. Entry Guidelines

Any Entry submitted to Sponsor as part of the Contest must comply with the following:

1. i. Not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement;
2. ii. Not in any way disparage Sponsor, any of its products or services, the Contest, or any person or party affiliated with the Contest, or alternatively appear to promote any direct competitor of Sponsor;
3. iii. Not contain text or imagery that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor in its sole discretion);
4. iv. Not include threats (expressed or implied) to any person, place, business, or group;
5. v. Not violate the privacy rights or any other rights of any person, business, or group;
6. vi. Not name or depict any real life third party without his/her permission;
7. vii. Not contain text or imagery that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
8. viii. Not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the image is created.
   
   Any Entry that violates the above guidelines will not be eligible to be judged or awarded a prize. Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected Entry, which will be disqualified/not counted (as applicable), or for any error, whether human, technical or otherwise. Sponsor reserves the right in its sole discretion to disqualify you, the participant entering into this Contest, if it finds you to be tampering with the operation of the Contest, such as using automated submission or image generation software, or to be acting in violation of these Rules. Any inappropriate content (both visual and verbal) will be disqualified, and the Sponsor reserves the right to immediately ban from this Contest. In the event of a dispute as to your identity, the authorized account holder of the account that is used to participate in this Contest will be deemed to be you, the participant entering into this Contest. The “authorized account holder” is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address registered for the account.

8. Selection of Potential Prize Winners

On or around September 7, 2024, at the discretion of the Sponsor, five (5) Prize (as defined below) winners, subject to verification of eligibility and compliance with the terms of these Rules, will be announced. The potential Prize winners may be subject to an interview by the Contest judges to determine the authenticity of the Entry, and he/she may be disqualified if the Contest entrant has not complied with these Rules, as determined by the Contest judges. Potential Prize winners may be subject to a background check as determined by the Sponsor in its sole discretion; if the Potential Prize winner has been convicted of a felony or any other crime that would reflect negatively on the Sponsor, the potential Prize Winners may be disqualified and a runner-up may be notified. Failure to comply with any of these requirements may, at Sponsor’s sole discretion; result in disqualification and a runner-up may be notified.

9. Winner Notification

The Sponsor or Sponsor’s authorized third party will attempt to notify the potential winners via Instagram (direct message) on or about September 7, 2024. Please make sure that your Instagram account is set to public and is able to receive direct messages.

Each potential Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to complete, electronically sign and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winners behalf and fulfill any other requirements imposed on winner set forth herein.

Potential winners must continue to comply with all terms and conditions of these Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to a runner-up. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Contest.

10. Prizes

Five (5) winners will receive a Collector’s Edition of Metaphor: ReFantazio (each, a “Prize”), each with an Approximate Retail Value (“ARV”) of $149.99 USD, and a total ARV of $749.95 USD.

11. Intellectual Property

By submitting an Entry to a Contest, you acknowledge and agree to the following:

1. a. You irrevocably grants to the Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Entry or any part thereof as-is or edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party.
2. b. You forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor’s use of the Entry, or require your permission for the Sponsor to use the Entry.
3. c. You agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that use of the Entry, or any derivative works thereof, infringes any rights you or third party may have as creator (or co-creator) of the Entry including, without limitation, copyrights, trademark rights, and moral rights.
4. d. You irrevocably grant to Sponsor, its agents, licensees, and assigns an unconditional, worldwide, royalty-free and perpetual (non-exclusive) right and permission to use the Your name, image, voice, and other likenesses that are included in the entry or which are shared with Sponsor as part of your participation in the Contest, in any media now known or later invented for any commercial purpose, including without limitation advertising or marketing of Sponsor’s products and services, without further compensation or the right to approve such uses.

12. Warranties and Representations

By submitting an Entry or otherwise participating in the Contest, you warrant and represent that: (a) the Entry is original to you, (b) the Entry does not infringe the intellectual property, privacy, publicity or any other rights of any third party; (c) the Entry does not violate any law, regulation or any provision of these Rules; (d) the Entry has not previously been entered in any other contest or promotion; (e) the Entry has not been previously published in any medium; (f) you have read and understood these Rules; (g) at all times you have complied fully with these Rules; and (h) you will continue to comply in full with these Rules until the Contest has been completed.

13. Indemnification

By entering into this Contest, you agree to defend, indemnify and otherwise hold Sponsor, service providers associated with the Contest, and Sponsor’s and such providers’ and their parent and affiliated companies, and the agents, officers, directors, and employees of each (collectively the “Released Parties”) harmless from and against any and all liability of any nature whatsoever arising out of or relating to:

1. a. any technical errors that may prevent you or others from participating in any way;
2. b. unauthorized human intervention in the Contest;
3. c. errors in the administration of the Contest; and
4. d. injury, death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest or receipt or use of any prize, including any such claim by the Released Parties’ employees or any third parties.

14. Release and Limitations of Liability

By participating in the Contest, you agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). You further agree that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall you be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

15. Disputes

Except where prohibited, by entering into this Contest, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, you or any Contest entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than California.

16. Privacy

If any information is collected from you or any Contest entrant, such collection is subject to Sponsor's privacy policy (https://privacy.sega.com/en/sega-of-america-inc-privacy-policy).

17. General Conditions

In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Rules; (b) award the prizes from among the submissions received up to the time of the impairment; or (c) terminate the Contest. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the Website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Rules shall not constitute a waiver of that provision. By participating in this Contest, all participants acknowledge that the Contest is in no way sponsored, co-sponsored, endorsed or administered by, or associated with X, Twitch, Instagram, Facebook, Discord, YouTube, TikTok or other such social media sites (“SMS Providers”), and hereby expressly release such SMS Providers from all claims and demands, known or unknown, arising from their participation in the Contest. Any questions, comments, or complaints regarding the Promotion should be directed to Sega of America, Inc., and not to such SMS Providers.