Spamton Sweepstakes (the “Sweepstakes”) Rules (the “Official Rules”)

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

The Spamton Sweepstakes (“Promotion” or "Sweepstakes") is sponsored by Fangamer LLC, with a principal address of 5055 E. Speedway Blvd, Tucson, Arizona 85712 (“Sponsor”). The Sponsor is pleased to introduce the Spamton Sweepstakes, which is being offered in conjunction with Child’s Play, a 501(c)(3) nonprofit organization (the “Charity”). As a condition of participating in the Promotion, you agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Promotion, these Official Rules, Promotion materials, information contained on Sponsor’s website, available at www.deltarune.com (the “Website”). The Promotion is subject to applicable federal, state, and local laws and regulations and is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Winning and receiving a Prize (as defined in Section 6) is contingent upon fulfilling all requirements set forth herein.

1. PROMOTION PERIOD

The Promotion begins on September 17, 2022 at 12:00:00 PM Pacific Time (“PT”) and ends on September 18, 2022, at 11:59:59 AM PT (“Promotion Period”). Pacific Time shall control for all purposes of the Promotion. Sponsor’s computer shall be the official clock of the Promotion.

2. SOCIAL NETWORKING SITE DISCLAIMERS

As a condition of participating in the Promotion, you agree and acknowledge that Facebook Inc. Instagram Inc., Tik Tok Inc., Twitter, Inc., Youtube, Inc., Twitch Interactive, Inc., and any other social networking sites used to promote the Promotion as well as their owners, directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated entities (collectively, the “Social Media Group”) are not sponsors of the Promotion nor do they endorse or administer the Promotion, nor are they in any way associated with the Promotion. All questions regarding the Promotion must be directed to Sponsor, not the Social Media Group. You also agree that as a condition of participating in the Promotion, you shall release the Social Media Group from any and all liability arising out of or relating to your entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance, use, or misuse of any Prize, or the broadcast, exploitation, or use of an entry.

3. ELIGIBILITY

The Promotion is open to all individuals who (i) are legal residents of the fifty (50) United States or the District of Columbia that are physically located and residing therein; (ii) are at least eighteen (18) years of age, or the age of majority in their State of residence; (iii) are not barred from participation in the Promotion under the laws of the United States, including but not limited to all federal, state, and local laws; and (iv) at all times abide by these Official Rules. While an account is not required to enter, certain information must be provided to obtain an entry as described below. THE PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.

Officers, directors, members, managers, employees, representatives, and agents of the Sponsor or of Child’s Play and each of their respective parent companies, affiliates, subsidiaries, franchisees, Prize providers, fulfillment agencies, and any other companies associated with the design or execution of the Promotion (the “Promotion Entities”), as well as Immediate Family Members (as defined below) and Household Members (as defined below) for each of the aforementioned are not eligible to participate in or win in the Promotion. “Immediate Family Members” shall mean spouse, parents, step-parents, legal guardians, children, step-children, siblings or step-siblings and each of their spouses regardless of where they reside. “Household Members” shall mean those people who share the same residence at least three (3) months a year.

In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the "Authorized Account Holder" in whose name the e-mail account is registered to, provided that person meets all eligibility criteria of this Promotion. "Authorized Account Holder" shall mean the natural person assigned to an e-mail address, by an Internet access provider, on-line service provider, telephone service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

Participation by individuals who do not meet the eligibility requirements will not be eligible to win any Prizes. If a problem occurs in the entry process, you are solely responsible for verifying that the entry process has been validly completed. Additionally, the Sponsor may disqualify any individuals who: (i) do not follow all of the Promotion instructions; (ii) fail to provide the required information; or (iii) fail to abide by these Official Rules or other instructions of Sponsor.

4. HOW THE PROMOTION WORKS

NO PURCHASE OR PAYMENT OF ANY KIND IS REQUIRED TO ENTER. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

During the Promotion Period, individuals who satisfy the above referenced eligibility requirements will be able to enter into the Promotion in either of these two (2) ways.

A. Donation

To gain an entry by making a donation, go to www.deltarune.com and submit a donation submission form. Follow the instructions provided in the submission form and provide the following: (i) e-mail address, (ii) insert a donation amount to make a monetary donation to Child’s Play in the amount of Your choosing, (iii) display name of your choosing, and (iv) select “Sweepstakes Entry” on the submission form and verify eligibility. You will then be directed to enter your credit card for payment information. All donation proceeds obtained from this manner of entry will be given directly to Child’s Play. Only one (1) entry will be given regardless of the amount donated.

B. Free Alternative Method of Entry

To gain an entry without making a donation, go to www.deltarune.com and submit a non-donation entry form. Follow the instructions provided in the non-donation submission form and provide the following: (i) e-mail address and (ii) display name of your choosing.

Only one (1) entry per person, regardless of the method of entry is allowed during the Promotion Period. By participating in the Promotion, you are deemed to have received, understood, and agreed to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Promotion itself, and to be bound by all decisions of the Sponsor, which are binding and final.

5. WINNER SELECTION AND ODDS OF WINNING

A random draw will be conducted from all eligible entries received by the end of the Promotion Period on approximately September 18th, 2022 ("Draw Date") where winners will be chosen, subject to eligibility requirements (“Potential Winners”). Prizes will be drawn in the numerical order as listed in Section 6 below. Potential Winners will be contacted by e-mail. If a Potential Winner cannot be reached within three (3) business days of the Draw Date, and/or declines the Prize, said Potential Winner will forfeit their Prize and the Sponsor reserves the right to randomly select another Potential Winner. The odds of winning a Prize depends on the number of eligible entries received during the Promotion Period.

6. PRIZES

Subject to verification of eligibility and compliance with these Official Rules, Potential Winners in the Promotion, as determined in Section 5, may win one (1) of the following items listed below (individually, a “Prize” and collectively, the “Prizes”). Prizes will be drawn in the numerical order.

The total approximate retail value (“ARV”) of the Prizes is $3,346.59 USD. The ARV of the total Prizes is an estimate made before the Promotion begins. The Prize winners will not receive cash or any other form of compensation if actual costs are less than the estimate made in these Official Rules.

7. PRIZE RESTRICTIONS

A POTENTIAL WINNER MAY ONLY WIN ONE (1) PRIZE DURING THE PROMOTION. A Prize will be awarded only if the Potential Winner fully complies with these Official Rules. Sponsor shall have no responsibility or obligation to the Prize winner or a Potential Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. The Prizes (or a component of a Prize) are subject to the terms and conditions of the issuer. Prize and Prize components are subject to availability and other restrictions all of which are subject to change at Sponsor’s sole discretion. No transfer, refund, cash redemption, substitution, replacement or cash equivalent for a Prize or any Prize component will be made, except that Sponsor, at its sole discretion, may substitute a Prize (or component of a Prize) of equal or greater value for any reason. No more than the stated number of Prizes will be awarded.

ALL FEDERAL, STATE, AND LOCAL TAXES AND FEES ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNER. ALL OTHER COSTS AND EXPENSES RELATED TO ANY PRIZE NOT SPECIFIED HEREIN AND OTHER EXPENSES INCURRED BY ACCEPTING A PRIZE ARE ALSO THE SOLE RESPONSIBILITY OF THE WINNER. ANY REQUIRED TAX REPORTING FORMS WILL BE FURNISHED TO THE APPROPRIATE AUTHORITIES. WINNERS MAY BE REQUIRED TO PROVIDE THEIR SOCIAL SECURITY NUMBER OR TAX ID FOR TAX REPORTING PURPOSES IF THE COMPANY IS REQUIRED TO FILE AN IRS FORM 1099 WITH THE INTERNAL REVENUE SERVICE FOR THE FAIR MARKET VALUE OF A PRIZE AWARDED AND ACCEPTED.

THE PRIZE IS AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. WINNER NOTIFICATION AND VERIFICATION

The Potential Winner will be notified immediately via e-mail based on the information provided in the entry form. The Potential Winner will be awarded the applicable Prize subject to verification of eligibility and compliance with all terms and conditions of these Official Rules. If a Potential Winner cannot be reached within three (3) business days of the Draw Date, and/or declines the Prize, said Potential Winner will forfeit their Prize and the Sponsor reserves the right to randomly select another Potential Winner.

The Potential Winner, at the Sponsor’s discretion, may be required to provide their Social Security number or tax ID for tax reporting purposes if Sponsor is required to file an IRS Form 1099 with the Internal Revenue Service for the fair market value of a Prize awarded and accepted. Except where prohibited, the Potential Winner also may be required to sign and return to Sponsor, within five (5) business days from the date when Sponsor’s initial notification was sent, a declaration of eligibility, which requires disclosure of full name, date of birth, and state and country of residence, and liability/publicity release (“Declaration”) via e-mail to the address specified in the Declaration in order to claim his or her Prize. In the event: (i) a potential Prize winner declines or cannot accept, receive or use the Prize for any reason; (ii) of noncompliance with the above or within any of the aforesaid time periods; (iii) a potential Prize winner is found to be ineligible to enter the Promotion or receive a Prize; (iv) a potential Prize winner cannot or does not comply with the Official Rules; or (v) a potential Prize winner fails to fulfill the Declaration-related obligations, such potential Prize winner shall be disqualified from the Promotion and an alternate potential Prize winner may be selected, at Sponsor's sole discretion, even if the disqualified potential Prize winner’s name has been publicly announced. Sponsor also reserves the right to modify the notification and Declaration procedures in connection with the selection of an alternate Prize winner, if any.

A POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF THE PROMOTION, ANY CHANGES TO THESE OFFICIAL RULES, AND THE SELECTION OF A POTENTIAL WINNER IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.

9. RIGHTS OF PUBLICITY AND USE OF PERSONAL INFORMATION

Except where prohibited by law, by participating in this Promotion or accepting a Prize, you grant Sponsor and its designees to use and/or publish your full name, state and country of residence, social media handles, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by you, including, but not limited to, comments on Sponsor’s social media pages regarding the Promotion and/or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.

You further acknowledge that by participating in this Promotion and/or accepting a Prize, you will be sharing your personal information with Sponsor and consent to Sponsor disclosing your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list) and for other uses as described in Sponsor’s respective Privacy Policy. Please refer to Sponsor's Privacy Policy, http://fangamer.com/privacy, for important information regarding their collection, use and disclosure of personal information. Sponsor is not responsible for disclosures made by any third party.

10. GENERAL CONDITIONS

By entering the Promotion or accepting the Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize or an alternate winner will be selected. Winners will be notified in the manner in which to collect the Prize. Winners may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable Prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.

An entrant or winner may be disqualified from the Promotion if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Sponsor reserves the right to disqualify a Potential Winner based on the results of any background check conducted at the Sponsor’s discretion, if Sponsor determines in its sole discretion that awarding the Prize to any such individual might reflect negatively on the Sponsor. The Promotion is subject to all federal, state and local laws and regulations. Any attempted form of participation in this Promotion other than as described in these Official Rules is void and will result in disqualification, and if such person is selected as a Potential Winner, revocation of his/her Prize. If it is discovered or suspected that a person has entered or attempted to enter or receive entries using multiple telephone numbers, e-mail addresses, identities, IP addresses, or use of proxy servers or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any Prize that he/she might have been entitled to receive and such Prize may be forfeited at the Sponsor’s sole and absolute discretion. Sponsor reserves the right to disqualify any individual found, in its sole and absolute opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Promotion. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same.

Participation in the Promotion is at your own risk. Sponsor shall not be liable for: (i) failed, returned or misdirected entries (ii) responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (iii) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in the Promotion; (iv) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from downloading any application or otherwise in connection with this Promotion; or (v) any warranty with respect to any Prize or any component thereof. THE PRIZE IS AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZE.

NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (II) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (III) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.

You acknowledge and agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with any issuer related to Prizes won in the Promotion. By entering the Promotion, you agree to and hereby do release and hold harmless Sponsor, any issuer related to Prizes won in the Promotion, Child’s Play, and the Social Media Group and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Promotion, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Promotion may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Promotion should viruses, bugs or other causes beyond their control corrupt the administration, security or proper operation of the Promotion. In the event of cancellation or suspension, Sponsor shall promptly post a notice on Sponsor’s website to such effect.

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY 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 PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules 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 Official Rules will not constitute a waiver of that provision. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the Official Rules or any provision hereof.

11. RELEASE AND LIMITATION OF LIABILITY

By participating, you agree to release, indemnify, defend, and hold harmless Sponsor and Child’s Play and each of their respective advertising and marketing agencies, officers, directors, members, managers, employees, representatives, agents, successors and assigns as well as any issuers related to Prizes made available in this Promotion and the Social Media Group (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability resulting or arising from the Promotion (including reasonable attorneys’ fees), including, but not limited to, negligence and damages of any kind to persons and property, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, property damage, or death or personal injury arising out of or relating to your entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance, use, or misuse of a Prize, or the broadcast, exploitation, or use of an entry.

To the maximum extent permitted by law, the Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, technical errors, or by any of the equipment or programming associated with or utilized in the Promotion; (ii) technical failures of any kind, including, without limitation, malfunctions, interruptions, or disconnections of the equipment or software associated with or utilized in the Promotion; (iii) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (iv) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (v) any injury or damage to persons or property including, without limitation, death, bodily injury, pain and suffering, emotional distress or loss of data which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt, use or misuse of any Prize. If for any reason your entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is to submit a new entry during the Promotion Period as set forth in these Official Rules. Under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for punitive, incidental or consequential damages, in which case the liability of the Released Parties will be limited to the maximum extent permitted by law.

12. DISPUTES

By participating, you agree that any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any Prize awarded, shall be resolved individually, without resort to any form of class action. You agree that should you have any such disputes, claims, or causes of action, you shall first allow Sponsor an opportunity to address your concerns. You further agree that if the dispute or claim is not otherwise resolved through direct discussions with Sponsor, it shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc., in accordance with its streamlined arbitration rules and procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in the State of Arizona. All proceedings brought pursuant to this paragraph will be conducted in Arizona in the City of Tucson. You further agree that: (i) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, and in no event will you be entitled to received attorneys’ fees or other legal costs; and (ii) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with this Promotion, 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 or provisions (whether of the State of Arizona or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Arizona and the forum and venue for any dispute shall be in the city of Tucson.

13. EXTENDED MEANINGS; CURRENCY; FORCE MAJEURE

Unless otherwise specified in these Official Rules, words importing the singular include the plural and vice versa and words importing gender include all genders. All dollar amounts referred to in these Official Rules are in lawful money of the United States of America. The Released Parties are not responsible for any damages caused by delay or failure to perform undertakings pursuant to these Official Rules when the delay or failure is due to weather, event cancellations, fires, strikes, floods, pandemics, acts of God or the state’s enemies, lawful acts of public authorities, delays or defaults caused by common carriers, or other events that cannot reasonably be foreseen or provided against.

14. OFFICIAL RULES AND WINNERS’ LIST

To receive a copy of the list of winners or the Official Rules, visit deltarune.com/enter or send a self-addressed stamped envelope to: Fangamer LLC, Attn: Winners’ List – Spamton Sweepstakes Promotion, Fangamer LLC, 5055 E Speedway Blvd, Tucson, Arizona 85712 no later than thirty (30) days after the conclusion of the Sweepstakes. The Winners’ List will be available for sixty (60) days after the end of the Sweepstakes.

15. OPT-OUT

If you do not wish to receive any further notices from the Sponsor or our affiliated merchants or companies regarding future promotional offerings, please send your name and address to: Fangamer LLC, Attn: Opt-Out – Spamton Sweepstakes Promotion, 5055 E. Speedway Blvd, Tucson, Arizona 85712.

16. SPONSOR

The Promotion is sponsored by Fangamer LLC, with a principal address of Fangamer LLC, 5055 E. Speedway Blvd, Tucson, Arizona 85712. This Promotion is in no way sponsored, endorsed, administered by, or associated with the Social Media Group.

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