The 2022 Tiki Solitaire TriPeaks Caption Contest
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. PLEASE READ THESE RULES CAREFULLY. AS EXPLAINED BELOW, THE RULES REQUIRE THAT DISPUTES ARISING OUT OF OR RELATING TO THIS CONTEST BE RESOLVED IN ARBITRATION IN THE UNITED STATES ON AN INDIVIDUAL BASIS, RATHER THAN BY CLASS ACTIONS OR JURY TRIALS, AND LIMIT YOUR RIGHTS AND REMEDIES IN THE EVENT OF A DISPUTE UNLESS PROHIBITED BY LAW.
- Contest Period: The 2022 Tiki Solitaire TriPeaks Caption Contest (the “Contest”) begins on or about August 1, 2022, at 12:01 a.m. Eastern Time (“ET”), and ends on August 21, 2022, at 11:59 p.m. ET (the “Contest Period”). ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS. The Sponsor of this Contest is GSN Games, Inc. located at 2150 Colorado Avenue, Santa Monica, CA 90404 (“Sponsor”).
- Contest Description: Participants must post their captions to one or more of the themed pictures, for one of the categories below, available in the Tiki Solitaire TriPeaks Forum website, for a chance to win “Coins”, “Wild Cards”, “Volcano Cards” and “Boosters”. These captions must follow the Community Guidelines available at the Tiki Solitaire TriPeaks Forum website. At the end of the Contest Period, a panel of judges, formed by six (6) sponsor employees volunteering from the art and production departments, will pick five (5) winners, according to creativeness, relation to the category and artistic quality, in each of the following categories: (i) “Mini-Tikis Everywhere”; (ii) “Order in the Court”; (iii) “Complaint Department”; and (iv) “It Could Be I’m Just Anxious”. Entry in the Contest does not constitute entry into any other promotion or contest. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
- Eligibility: Only legal residents of the United States and Canada, excluding Quebec and where prohibited by law, who are eighteen (18) years of age or older. and have both a TriPeaks account (an “Account”) and a Facebook account at the time of entry are eligible to enter. Creating an Account is free. Those persons who are involved with the development, production or distribution of the Contest, along with the officers, directors, shareholders, agents, employees of Sponsor and each of their respective parents, subsidiaries, divisions, and affiliates, (all such individuals and entities referred to collectively as the “Contest Entities”), and the immediate family members or Household Members of such individuals are also not eligible to enter or win. For purposes of the Contest, “Household Members” shall mean those people who share the same residence at least three months a year, and “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, stepchildren, siblings, step-siblings, or spouses. Subject to all applicable laws of those living in the same household (whether related or not) as any of the individuals in the preceding categories, and any person whose access to TriPeaks or Facebook has been terminated or suspended, are not eligible to enter the Contest or win a prize. This Contest is void where prohibited.
- How To Enter: Entrants will be prompted to enter into the Contest via the promotion official entry form with their Name, First and Last, and email at the Tiki Solitaire TriPeaks Forum. To enter the Contest, post your caption submission during the Contest Period, in one of the above mentioned categories, to the Tiki Solitaire TriPeaks Forum, under the appropriate category under the 2022 Tiki Solitaire TriPeaks Caption Contest header. Limit one (1) submission in each category. Remember, the submissions(s) posted to the Forum must be created and owned by you. Be sure the contact information you provide is up to date because that information will be used to contact you if you’re selected as a potential winner. The Forum’s database clock will time stamp your entries and will be the official time keeper for this Contest. Each entry must be made by the entrant, only as indicated in these Official Rules. Entries made by any other individual or any entity, will be declared invalid and disqualified from the Contest. Tampering with the entry process or the operation of the Contest, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Contest Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries in the Contest. The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
- Winner Selection and Notification: After the Contest Period, each of the four (4) categories will include up to five (5) prize winners who will be selected by a panel of Sponsor judges. The judging will be conducted by Sponsor or its designee by August 25, 2022. Potential winners will be notified using contact information provided in connection with the potential winner’s Account. Each entrant is responsible for keeping their Account information up to date and accurate as this is how we will notify winners. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within thirty (30) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible at any point during the administration of the Contest, or if he or she has not complied with these Official Rules or the Sponsor’s instructions, or if his or her prize, prize notification, or other Contest-related correspondence is faulty, rejected, or returned as undeliverable, or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact one (1) potential winner of an applicable prize in accordance with such procedure, and if there is still no confirmed winner of such applicable prize after such attempts have been made, if any, such prize may go unawarded. A potential Winner (or any alternate potential winner if one must be selected) is not official and will not be confirmed until he/she has completed, signed, and returned any documentation which may be required by Sponsor, including, but not limited to, a release of liability, publicity release form, and a completed IRS W-9 form (the “Contest Documents”), and the eligibility of the potential winner has been verified. If a Winner fails to sign and return the aforementioned required documents or provide any other requested information within the required time period including a valid mailing address (P.O. Boxes not permitted), the Potential Winner forfeits his/her prize. Contest submissions are subject to validation by the Sponsor. By taking part in this contest you agree to be bound by these rules and all decisions of the Sponsor, which are final and binding on all aspects of the Contest.
- 6. Prizes/Odds:
Twenty (20) prizes are available. Each of the six (6) categories will include a 1st, 2nd,, 3rd, 4th and 5th Prize comprised of: (i) First Prize: 500,000 Coins, 5 Wild Cards, 3 Volcano Cards and 5 of each Booster (valued at $107); (ii) Second Prize: 450,000 and 5 of each Booster (valued at $101); (iii) Third Prize: 400,000 Coins and 3 of each booster (valued at $89); (iv) Fourth Prize: 300,000 Coins, 5 Wild Cards and 3 Volcano Cards (valued at $51); and (iv) Fifth Prize: 200,000 Coins, 5 Wild Cards and 3 Volcano Cards (valued at $37).
Odds of winning a prize in the Contest depend on the number of eligible entries received during the Contest Period.
- 7. General Prize Conditions: Prizes will be awarded to each potential winner only if each potential winner fully complies with these Official Rules. Prizes are non-assignable and non-transferable. Prizes pictured in advertising and other Contest materials or otherwise described are for illustrative purposes only. All details and restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. No assignment, transfer, conversion to cash or cash redemption or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize is unavailable, in whole or in part, for any reason or for any other reason needs to be exchanged. The prize is solely for personal use and may not be used in conjunction with any other promotion. If any potential prize winner is found to be ineligible, or if they have not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. If required by law, Sponsor reserves the right to withhold and remit to the appropriate taxing authorities the amount of any taxes due. Each prize winner will be required to execute a Liability Release, and (where imposing such condition is legal) a Publicity Release and any other applicable forms required by tax authorities and/or Sponsor (collectively, “Prize Claim Documents”). If the winner is under the age of majority in such winner’s state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor potential winner’s parent or legal guardian) cannot be identified, cannot be contacted or reached after a reasonable attempt has been made (as determined by Sponsor in its sole discretion), fails or refuses to sign and return all Prize Claim Documents within seven (7) days of notification or otherwise fails to comply with these Official Rules, such potential winner may be disqualified and will not receive a prize. Canadian residents may need to correctly answer a time-limited, mathematical skill-testing question, without assistance of any kind, whether mechanical, electronic or otherwise, prior to being declared a winner. Limit one prize per household.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
- General Liability Release/Force Majeure: Acceptance of a prize constitutes winner’s (or any minor winner’s parent or legal guardian) permission for the Contest Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) and entry materials in programming or promotional material or on a winner’s list, if applicable, for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, unless prohibited by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, in Sponsor’s sole discretion, without further obligation or compensation. By participating in the Contest, entrants (and any minor entrant’s parent or legal guardian) agree that the Contest Entities and each of their respective parents, subsidiaries, and affiliated companies, units and divisions; and their advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives, and employees; and each of these companies’ and individuals’ respective successors, representatives and assigns (collectively, the “Released Entities”): (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, including entry and participation in this Contest or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize; and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Released Entities assume no responsibility for any (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or submissions, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by your participation in this Contest or resulting from acceptance, possession, use or misuse of a prize; (v) any printing, typographical, administrative or technological errors in any materials associated with the Contest; (vi) potential winner’s inability to attend trip (vii) any postponement or cancellation of the game, and (viii) any injury or damage to entrants or any other person, or to entrant’s or any other person’s computer or telephone equipment relating to or resulting from entering, participating in or downloading materials or software in connection with this Contest or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, should a virus, bug, computer or phone problem, unauthorized intervention, or any other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Contest. By participating in the Contest and/or accepting any prize that you may be awarded, you agree to fully indemnify each Released Entity from any and all such claims by third parties without limitation. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person in connection with this Contest or any other contest, Contest, promotion or event of any kind or nature sponsored or administered by Sponsor or its affiliate, subsidiary or parent companies, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS or COVID-19), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, cancel, extend or terminate the Contest. If the Contest is terminated before the designated end date or time, Sponsor will (if possible) select the prize winner(s) in a random drawing, from all eligible, non-suspect entries received up to the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Sponsor may prohibit you from participating in the Contest or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE Contest WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHALL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
For Canadian Entrants: Any information provided by Canadian residents will be used solely to administer the Contest.
- 10. Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S OR COUNTRY’S LAWS.
- 11. Arbitration Provision: By participating in this Contest, each entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against the Contest Entities arising out of, relating to, or connected in any way with the Contest, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Contest; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or the applicable Contest Entities’ individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or any Contest Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Contest Entity exceed $125 USD, and the entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at jamsadr.com.
- 12. Winners’ List: To obtain a copy of these Official Rules or any legally required Winner’s List, send a self-addressed, stamped envelope (with proper postage affixed) to: The 2022 Tiki Solitaire TriPeaks Caption Contest, “Rules/Winners’ Names” (specify which), GSN Games, Inc. 33 New Montgomery Street, Suite 1550. San Francisco, CA 94105, Attn: Marketing Department. All such requests must be received within six (6) weeks after the end of the Contest Period.
© 2022 GSN Games, Inc. All Rights Reserved.