Last Updated: November 10, 2022
1. Eligibility: The Nintendo Switch Sweepstakes is open to legal residents of US and Canada who signed up for Macrometa's Developer Week by 11/11/22 12 pm PDT and filled out this survey, indicating they would like to be entered in the sweepstakes. Entrants must be 18 years of age or older as of their date of entry in this promotion in order to qualify. This Sweepstakes is subject to federal, state, and local laws and regulations and void where prohibited by law. Macrometa's employees, its subsidiaries, affiliates, suppliers, partners, advertising and promotion agencies, and directors (collectively the “Employees”), as well as members of an Employees' immediate family and/or those living in the same household of Employees are ineligible to participate in the Nintendo Switch Sweepstakes.
2. Sponsorship: The sponsor is Macrometa (“Sponsor”), located at 55 East 3rd Avenue
San Mateo, California 94401. Sponsor will conduct the Sweepstakes substantially as described in these Official Rules.
3. Agreement to Rules: By entering this Sweepstakes, the Entrant (“You”) agrees to abide by the Sponsor's Official Rules and decisions, which are fully and unconditionally binding in all respects. The Sponsor reserves the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s sole discretion. By entering this Sweepstakes, You represent and warrant that You are eligible to participate based on eligibility requirements explained in the Official Rules. You also agree to accept the decisions of the Sponsor as final and binding as it relates to the content of this Nintendo Switch Sweepstakes.
4. Nintendo Switch Sweepstakes Entry Period: This promotion begins on Friday 11/11/22 at 12 am PDT and ends on Wednesday 11/16/22 at 9 am PDT. To be eligible for the Nintendo Switch Sweepstakes, survey entries must be received within the specified Entry Period.
5. How to Enter: Eligible entrants can enter The Nintendo Switch Sweepstakes by submitting an entry by (once signed up for Developer Week) by filling out the feedback survey for Developer Week. As a participant, your entry must fully meet all Nintendo Switch Sweepstakes requirements, as specified in the Official Rules, in order to be eligible to win a prize. Incomplete entries or those that do not adhere to the Official Rules or specifications will be disqualified at the Sponsor's sole discretion. Participants may only enter once, must be legal residents of the US or Canada, must be signed up for Developer Week, and must complete a survey. Fraudulent methods of entry or circumvention of the rules may result in the Sponsor invalidating your entries and removing them from the Sweepstakes at the Sponsor’s sole discretion.
6. Prizes: The Winner of the Nintendo Switch Sweepstakes (the “Winner”) will receive a Nintendo Switch or the cash equivalent. The actual/appraised prize value may differ at the time the prize is awarded. The prize(s) shall be determined solely by the Sponsor. There shall be no cash or other prize substitution permitted except at the Sponsor’s discretion. The prize is non-transferable. The Winner, upon acceptance of the prize, is solely responsible for all expenses related to the prize, including without limitation any and all local, state, and federal taxes. The Winner shall not transfer assignment of the prize to others.
7. Odds: The total number of eligible entries received determines the odds of winning.
8. Selection and Notification of Winner: The Winner will be selected by a random drawing under the supervision of the Sponsor. The Sponsor will notify the Winner by email within five days following Winner selection. The Sponsor is not responsible for nor shall have no liability for Winner’s failure to receive notices due to email security settings that may cause notifications to be marked as spam or junk email. Nor shall the Sponsor be liable for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner 1) fails to claim the prize within 10 days from the time the award notification was sent, 2) is found ineligible, or 3) does not complete and return an executed declaration and release within the specified timeframe, the prize may be forfeited and an alternate Winner may be selected. Receipt of the prize (offered in the Nintendo Switch Sweepstakes by the Winner is upon the condition of compliance with any and all federal, state, and local laws and regulations. IF THE WINNER VIOLATES ANY OF THESE OFFICIAL RULES, THE WINNER (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
9. Terms & Conditions: In its sole discretion, the Sponsor reserves the right to modify, suspend, cancel, or terminate the Nintendo Switch Sweepstakes should non-authorized human intervention, a bug or virus, fraud, or other causes beyond the Sponsor’s control, impact or corrupt the security, fairness, proper conduct, or administration of the Nintendo Switch Sweepstakes. The Sponsor, in the event of any of the above issues, may determine the Winner based on all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. Individuals who tamper with or attempt to tamper with the operation or entry process of the Sweepstakes or website or violates these Terms & Conditions will be disqualified by the Sponsor in its sole discretion. In its sole discretion, the Sponsor has the right to maintain the integrity of the Nintendo Switch Sweepstakes, to void votes for any reason, including, but not limited to: multiple entries from the same user; multiple entries from the same computer beyond the number allowed by the Sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering. Attempts by any entrant to deliberately damage any website or undermine the legitimate operation of the Nintendo Switch Sweepstakes may be a violation of criminal and civil laws. If any such attempt is made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: Your entry into this Nintendo Switch Sweepstakes constitutes Your agreement to release and hold harmless the Sponsor and its subsidiaries, representatives, affiliates, partners, advertising and promotion agencies, successors, agents, assigns, directors, employees, and officers against and from any and all claims, liability, illness, injury, death, litigation, loss, or damages that may occur, directly or indirectly from participation in the Sweepstakes and/or the 1) Winner accepting, possessing, using, or misusing of any awarded prize or any portion thereof; 2) any type of technical failure; 3) the unavailability or inaccessibility of any transmissions, phone, or Internet service; 4) unauthorized intervention in any part of the entry process or the Promotion; 5) electronic error or human error in the Promotion administration or the processing of entries.
11. Disputes: THIS Sweepstakes IS GOVERNED BY THE LAWS OF UNITED STATES AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. The Entrant agrees, as a condition of participating in this promotion, that if any disputes cannot be resolved between the Entrant and the Sponsor, and if causes of action arise out of or are connected with this Sweepstakes, they shall be individually resolved exclusively before a court located in California having jurisdiction, without resorting to any form of class action. Under no circumstances in any such dispute shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes). The participant waives all rights to have damages multiplied or increased.