The FMN At Home: Featuring MrBeast (“Promotion”) is sponsored by Wizards of the Coast LLC (“Sponsor”), 1600 Lind Avenue Southwest, #400, Renton, WA 98057, USA, and is administered by Prize Logic, LLC (“Administrator”), 25200 Telegraph Road, Suite 405, Southfield, MI 48033, USA.
HOW TO ENTER THE PROMOTION: During the Promotion Period, an eligible entrant may create or log-in to their existing Magic: The Gathering Arena account (“Account”) and follow the links and instructions to log into the Friday Night Magic event (“Event”). All entrants must have a valid Account with a verified e-mail address. Accounts can be created at myaccounts.wizards.com/ or in the Arena client. There is no cost to create an Account. Entrants may not enter using guest accounts. Upon entering the Event, eligible entrants will be randomly paired with other entrants to play the game. All entrants must play the full game to completion to be eligible to win a prize. Conceded games do not constitute a full game. Entrant’s performance in the game will not affect their chances of winning a Prize. See Section 5 below.
Limit: An entrant may participate with one (1) Account. If more than one (1) Account from the same person, telephone number and/or e-mail address is used, that entrant, at the Sponsor’s sole discretion, be disqualified.
IMPORTANT: Internet access is required to participate in the Promotion. If you participate via your wireless phone, message and data rates may apply. Please consult your wireless-service provider regarding its message and data pricing plans.
HOW TO ENTER THE PROMOTION:
PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
HOW TO CLAIM A PRIZE: Each potential winner will be notified via e-mail by Sponsor or its authorized designee at the e-mail address associated with entrant’s Account. Before being declared a winner, the potential winners may be required to execute an Affidavit of Eligibility/Liability & Publicity Release and tax acknowledgment (“Affidavit”), if a US resident, or a Declaration of Eligibility/Liability/Publicity Release, if a Canadian resident (“Declaration”), sent with the e-mail notification. If a potential winner is a Canadian resident, before being declared a winner, he/she will be required to correctly answer a timed mathematical skill-testing questions without assistance, which will be provided with the email notification, or the prize will be forfeited. The potential winners must return a fully executed and notarized (if applicable) Affidavit/Declaration to the Sponsor or its authorized designee within ten (10) calendar days from the date it is postmarked as being sent to the potential winner or the prize may (in Sponsor’s sole discretion) be forfeited. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept the prize, or in the event that a potential winner fails to return an executed and notarized Affidavit/Declaration, within the ten (10) calendar day deadline, or (for Canadian entrants only) fails to correctly complete the skill-testing question within the allotted time, the prize may be forfeited, and in the Sponsor’s sole discretion, the forfeited prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries, as determined by Sponsor in its sole discretion. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded. Information about winners will be available at set forth in Section 14 below.
WINNERS WILL BE ISSUED A FORM 1099 OR W-8/1042 AS APPROPRIATE, FOR TAX PURPOSES, OR EQUIVALENT TAX FORM IN THEIR COUNTRY OR REGION, IF ANY, IN THE AMOUNT OF THE ACTUAL VALUE OF THE PRIZE AND MUST SUBMIT HIS OR HER SOCIAL SECURITY OR SOCIAL INSURANCE NUMBER, AS APPROPRIATE, AS AND IF REQUIRED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL FEDERAL, STATE, PROVINCIAL, TERRITORIAL, AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF THE PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNERS.
Sponsor will attempt to notify the potential winner as set forth above, but Sponsor is not responsible for any undelivered emails, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Promotion e-mail, including any winner notification e-mail, to a spam or junk folder. The right to receive a prize is non-assignable, non-transferable and no prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of the prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Promotion Entities shall not be held responsible for any delays in awarding a prize for any reason.
LIMITATION OF LIABILITY: By participating in this Promotion, and to the extent permitted by applicable laws, entrants agree that the Promotion Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, undeliverable e-mail notifications; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Promotion; (vii) any losses, injury or damage (including, without limitation, arising from claims based upon copyright infringement, trademark infringement, invasion of privacy, defamation, or right of publicity), whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Promotion and/or accepting a prize; (viii) any other failures, difficulties, or errors of any kind, whether human, mechanical, or electronic; (ix) for the incorrect or inaccurate capture of game scores or other information, or the failure to capture any such information; and (x) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Promotion Entities are not responsible for any unanswered or undeliverable winner notifications. FOR GERMAN RESIDENTS ONLY: Nothing in this section shall exclude the Promotion Entities or the Released Parties from liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, willful misconduct, gross negligent behavior, a slightly negligent breach of its essential contractual obligations (i.e. contractual obligations that need to be fulfilled to permit proper execution of these Official Rules and that may regularly be relied upon by the entrant). In the event of any liability on the part of the Promotion Entities due to a slightly negligent breach of essential contractual obligations or slightly negligent misconduct, the Promotion Entities’ liability will be limited to typically foreseeable damages. The above limitations of liability will not affect any mandatory statutory liability, in particular Sponsor’s liability under the German Product Liability Act.
By entering the Promotion, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion to the extent permitted by law; and (iv) to the extent permitted by law, to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.
If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion to the extent possible, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. Sponsor shall not be liable to the winner or any other person for failure to supply a prize or any part thereof by reason of any act of God, any action, regulation, order or request by any governmental or quasi-governmental entity, equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, pandemic, epidemic, severe weather, hurricane, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any similar or dissimilar event beyond their reasonable control. In no event will more than the stated number of prizes be awarded. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winner. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more prizes are claimed than the stated number of prizes to be awarded according to these Official Rules, the intended prizes will be awarded in a random drawing from among all verified prize claims received.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
DISPUTES: TO THE EXTENT PERMITTED BY LAW, THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF WASHINGTON, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN A COURT OF COMPETENT JURISDICTION IN KING COUNTY, WASHINGTON. THIS CHOICE OF LAW DOES NOT DEPRIVE THE ENTRANT OF THE PROTECTION AFFORDED UNDER THE LAWS OF THEIR JURISDICTION OF RESIDENCE AND SUCH PROVISIONS THAT CANNOT BE DEROGATED FROM BY AGREEMENT OR VIRTUE OF THE LAW OF THEIR JURISDICTIONS OF RESIDENCE (SEE SPECIFIC PROVISIONS BELOW). TO THE EXTENT PERMITTED BY LAW, IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”) (UNLESS OTHERWISE PROVIDED BELOW). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN WASHINGTON. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN KING COUNTRY, WASHINGTON. EXCEPT WHERE PROHIBITED, EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, AND IN NO EVENT WILL AN ENTRANT BE ENTITLED TO OBTAIN ATTORNEYS' FEES OR OTHER LEGAL COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF; (3) NO PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS MAY BE AWARDED (COLLECTIVELY, "SPECIAL DAMAGES"); AND (4) EACH ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED. TO THE EXTENT PERMITTED BY LAW, WASHINGTON LAW, WITHOUT REFERENCE TO WASHINGTON CHOICE OF LAW RULES, GOVERNS THE PROMOTION AND ALL ASPECTS RELATED THERETO. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
FOR FRENCH ENTRANTS ONLY: ALL MANDATORY FRENCH LAW PROVISIONS WILL APPLY TO THESE OFFICIAL RULES. ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR THESE OFFICIAL RULES MAY BE RESOLVED BY BRINGING A CLAIM BEFORE THE COURTS HAVING JURISDICTION UNDER FRENCH LAW. THE ENTRANT MAY BRING A CLAIM BEFORE THE COURTS HAVING JURISDICTION WHERE THE ENTRANT OR THE SPONSOR IS DOMICILED.
FOR SWEDISH ENTRANTS ONLY: YOU MAY BENEFIT FROM MANDATORY SWEDISH CONSUMER PROTECTION LAWS AND YOU HAVE A RIGHT TO BRING ANY CLAIM WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROMOTION TO THE COURTS OF SWEDEN. FURTHERMORE, AS A SWEDISH CONSUMER YOU MAY ALSO SUBMIT YOUR CLAIM TO THE ALTERNATIVE DISPUTE RESOLUTION PROCESS PROVIDED BY THE GENERAL COMPLAINTS BOARD (SW. ALLMÄNNA REKLAMATIONSNÄMNDEN), BOX 174, 101 23 STOCKHOLM, SWEDEN OR THE ONLINE DISPUTE RESOLUTION (ODR) PLATFORM PROVIDED BY THE EUROPEAN COMMISSION.
FOR UNITED KINGDOM ENTRANTS ONLY: THE ABOVE CHOICE OF LAW AND JURISDICTION (INCLUDING THIS ARBITRATION AGREEMENT AND WAIVERS) DOES NOT DEPRIVE ENTRANTS OF THE PROTECTION UNDER MANDATORY STATUTORY PROVISIONS THAT CANNOT BE WAIVED UNDER THE LAW WHICH WOULD HAVE OTHERWISE BEEN APPLICABLE.
No term of these Official Rules shall be enforceable by any person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise, unless such party is a Prize Draw Entity.
If you have any queries about the Promotion, please contact Administrator at https://prizelogic.zendesk.com/hc/en-us?id=013107.© 2021 Wizards of the Coast LLC. All rights reserved.