#NERDS® The Unbeatable Game Contest – Australia

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

The NERDS® The Unbeatable Game Contest (the “Contest”), is sponsored by HireInfluence, Inc., which together its subsidiaries and affiliates, hereinafter will be referred to as “Sponsor”

THESE OFFICIAL RULES (“OFFICIAL RULES”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN THE CONTEST PARTICIPANT (THE “PARTICIPANT”) AND SPONSOR AND GOVERNS ENTRY IN THE CONTEST.  BY PARTICIPATING IN THE CONTEST, PARTICIPANT FULLY AND UNCONDITIONALLY ACCEPTS THESE RULES, INCLUDING THE DECISIONS AND INTERPRETATIONS OF SPONSOR AND/OR JUDGES, WHICH ARE FINAL AND BINDING ON ALL MATTERS RELATING TO THE CONTEST. FAILURE TO COMPLY WITH THESE RULES, POLICIES AND PROCEDURES WILL VOID PARTICIPANT’S ENTRY.

CONTEST PERIOD: The Contest begins on October 18, 2019 at 12:00 AM Eastern Time (“ET”) and 2:00pm Australian Eastern Standard Time (“AEST”) (the “Contest Start Date”) and ends on December 6, 2019, at 11:59 PM ET. and 2:59 PM AEST (the “Contest End Date”). The period from the Contest Start Date through the Contest End Date is referred to as the “Contest Period.” Sponsor’s designated computer is the official time clock for the Contest.

WHO CAN ENTER: The Contest is open to all legal residents of Australia, United Kingdom, and South Korea who are at least 18 years or older at the time of entry. Employees, management, directors and contractors of the Sponsor, its related entities, and other agencies, firms or companies associated with the Sponsor (including suppliers of the prizes) are not eligible to enter the Contest or win the Sponsored Prize. In addition, any immediate family members (defined as parents, parents-in-law, children, siblings, spouse (including common law) and de-facto spouse (including natural and non-natural relations), regardless of where they reside) of each of each of the aforementioned are not eligible to enter the Contest or win Contest prizes. Any other persons with whom such employees are domiciled are also not eligible to enter the Contest or win Contest prizes. The Sponsor is responsible for determining whether a person is eligible in its absolute discretion.

HOW TO ENTER: During the Contest Period, the Participants can enter the Contest by visiting www.nerdstheunbeatablegame.com, and registering or via Facebook Messenger https://apps.facebook.com/401595337354301 , and selecting one team out of 6 teams: 1. All you can Mana – Green , 2. Fudge yourself – Red, 3. Let’s Party – Pink, 4. NeverEnding Quest – Blue, 5. Don’t drop your Goodies – Yellow, 6. Bring your own Healer – Orange available to participate and by engaging in gameplay via the game “Nerds® The Unbeatable Game” (hereinafter, an “Entry”). The top 5 scores for each team will be shared via the Nerds Candy International Fan Page on Facebook https://www.facebook.com/nerdscandyinternational/ each week.

To enter the Contest and be eligible to win, entrants must access the game during the Contest Period and register or have a Facebook account and provide their contact details in order to access the Contest. Entrants must then select a team to compete in which the player must smash a wall of bricks by deflecting a bouncing ball with a paddle. The paddle may move horizontally and is controlled with the touch of a finger (in the case of touchscreen) or keyboard arrows. The player gets 3 lives to start with; a life is lost if the ball hits the bottom of the screen. When all the bricks have been destroyed, the player advances to a new, harder level. There are 6 different cheat codes that will allow players to earn additional points which will be distributed on the following Instagram accounts: @marzbar, @jordansweeto, @kiera, @liessshy, @genelle_aimee, and @whitneybae. If all lives are lost, the game is over.

In addition to complying with all other requirements of these Official Rules, each Entry must not contain any content that is profane, obscene, disparaging, defamatory or is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, as determined by Sponsor in their sole discretion.

Wireless mobile device, data rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.

If you do not have a Facebook account, you can visit https://facebook.com and create a Facebook account according to the instructions on the website. Creating a Facebook account is free. Please note that you must agree to comply with the Facebook Terms of Service in order to create a Facebook account.

SELECTION OF PRIZE WINNERS: The six (6) Participants (one (1) Participant per each team) with highest scores in the Nerds® The Unbeatable Game, will be selected to win a prize (“Prize Winners”). All decisions concerning the award and elements of the Sponsored Prize are solely within the discretion of Sponsor. Judging of the highest scores at the end of the Contest Period will take place at 3pm ET on December 16, 2019. Judging will be conducted by Danielle Schufreider.The judges’ decision in relation to any aspect of this Contest is final and binding on each person who enters this Contest. This is a game of skill and chance plays no part in determining the winners.

Within ten (10) business days of the end of the Contest Period, the six (6) Participants (one (1) Participant per team) with highest scores in the Nerds® The Unbeatable Game, will be selected to win a prize (“Prize Winners”). All decisions concerning the award and elements of the Sponsored Prize are solely within the discretion of Sponsor. Odds of winning depend upon the number of eligible Participants who have entered and participate in the Contest and Participants’ skill while participating in the Contest.

No more than six (6) Sponsored Prizes will be awarded for any reason. In the event of any technical errors, tampering, programming error, malfunction, or error of any kind that results in more than six (6) Participants being notified that they are a Prize Winner, then the participants with the highest scores between them are selected as the winners.

The maximum number of prize awards are as listed above, regardless of the number of Participants who claim to have received, or who have actually received a prize winner notification.

LIMITATIONS AND ENTRY: Only one person per Facebook account . Each potential Prize Winner may be required to provide valid and legal proof of identification, residency and age. All entries must be fully and accurately completed. Use of any automated system to participate in the Contest or subvert the entry process is prohibited and will result in disqualification and all associated entries will be void. Sponsor will not be responsible for incomplete, inaccurate, late, or stolen entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or Sponsor or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prize or in any Contest-related materials. In the event of a dispute over the ownership or origin of an entry, entries will be deemed to have been submitted by the owner of the internet service provider (“ISP”) account from which they were sent. For these purposes, an ISP account holder shall mean the natural person(s) assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest.

PRIZE DETAILS: The Prize Winners will each receive:

(a) 1 (one) E3 2020 Gamer Badge – allowing the winner entry to the E3 computer and video games and related products convention on June 9-11, 2020 valued at USD $249.00;
(b) 1 (one) roundtrip, coach flight to E3 Convention, valued at USD $1200.00; and
(c) Three day and two night hotel accommodations in the host city of E3 2020, valued at USD $553.00;
(d) Meal credit – 3 days $300
(e) Airport pick-up and drop off $100

(collectively, the “Sponsored Prize”) for a total approximate value per prize per winner of $2,402.00 (two thousand four hundred and two dollars).

Final actual value may vary. All prize values are based on United States Dollars. The Sponsored Prize is not transferable or exchangeable, has no cash value and cannot be redeemed as cash. In the event any scheduled prize is unavailable at time of prize award for any reason, Sponsor reserves the right to substitute an alternate prize of equal or greater value at its sole discretion.

AWARD OF PRIZE: If you are selected a Prize Winner, you will be contacted within 2 days of December 16, 2019 after the Contest Period via direct messaging on Facebook to confirm your entry and eligibility. If Prize Winner does not meet all eligibility requirements, has not complied with these Official Rules, cannot be contacted, does not respond within January 10, 2020, and/or the prize notification is returned as undeliverable, he or she forfeits all rights to claim or receive the Sponsored Prize. Prize Winner will be selected using the methods described above. Any disqualified Participant will not receive any alternate prize substitution or compensation. By accepting the Sponsored Prize, the Prize Winner acknowledges compliance with these Official Rules. If the Sponsored Prize is not won and claimed by an eligible Participant in accordance with these Official Rules, it will not be awarded and will remain the property of Sponsor. As a condition to receiving any prize, Prize Winners may be required to submit an affidavit of eligibility (including without limitation certification of address (no P.O. Boxes) and country and/or state of residency and a copy of valid identification as required by Sponsor. Each Prize Winner will be responsible for paying all applicable taxes (including, but not limited to VAT, export taxes and all local, state and federal taxes) on all prizes awarded. THE SPONSORED PRIZE IS AWARDED AS IS AND WITHOUT CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).

The Prize Winners’ details will be published on sponsor’s Instagram Stories on January 16, 2020.

The Prize will be delivered to the Winners via Instagram Direct Message within January 10, 2020.

PRIVACY: Information collected from Participants is subject to the Sponsor’s Privacy Policy, which is available at https://hireinfluence.com/privacy-policy/. The Sponsor collects personal information about entrants to include entrants in the Contest and where appropriate award the Sponsored Prize and publish the Prize Winner’s details . Sponsor will not disclose your personal information to a third party unless you have consented to such disclosure or where we are required to do so by law. Should you breach these Official Rules, or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, we may disclose your information to a relevant authority. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. Any disclosure of personal information will be strictly controlled and made fully in accordance with current laws of the United States.

PUBLICITY: Acceptance of the Prize constitutes permission for Sponsor to use the Prize Winner’s name, likeness, photo, biographical information, voice and comments for advertising and promotional purposes worldwide in any media without limitation and without additional compensation unless prohibited by law. The Prize Winner may be required to submit a liability/publicity release (where permitted) and a photograph of him or herself to be used for publicity purposes.

DISQUALIFICATION: The following are prohibited and will result in automatic disqualification from the Contest: (a) using any method that artificially increases odds of winning, including without limitation Internet bots, web robots, www robots or any other type of bots; (b) non-compliance with these Official Rules; and (c) any other act that the Sponsor determines, in its sole discretion, jeopardizes the integrity of the Contest.

RELEASE OF LIABILITY: By entering the Contest, each Participants (a) agrees to be bound by these Official Rules and the decisions of Sponsor or its designees, which shall be final and (b) agrees to release and to hold the Sponsor, and their respective parents, shareholders, directors, officers, employees, representatives, agents, affiliates, subsidiaries, and legal advisors, harmless against any and all claims, losses, rights, liabilities and damages, and actions of any kind arising out of their participation in the Contest and/or the acceptance and use of any prize (including without limitation any travel or activity related thereto). The foregoing release includes, but is not limited to, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Under no circumstances shall any of the Sponsor shall have any liability or responsibility for: (1) incorrect or inaccurate entry information, or faulty, failed, garbled or jumbled electronic data transmissions; (2) any unauthorized access to or theft, destruction or alteration of entries at any point; (3) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the Contest; (4) inaccessibility or unavailability of the Internet or a Contest site or any combination thereof; (5) any injury or damage to a participant’s or to any other person’s computer, tablet, mobile device or other electronic device that may be related to or result from any attempt to participate in the Contest or download any materials in the Contest; or (6) any typographical error or other error in these Official Rules or in any other communication relating to the Contest. All entries become the property of Sponsor.

ARBITRATION;CHOICE OF LAW: Except where prohibited by law, as a condition of participating in this Contest, each Participant agrees that (a) any and all disputes and causes of action arising out of or connected with this Contest, including but not limited to prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS pursuant to its Streamlined Arbitration Rules and Procedures and held at JAMS regional office nearest the Participant in the United States; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and Participant further waives all rights to have damages multiplied or increased. Participant further agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded shall be resolved individually, without resort to any form of class action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant, Administrator and/or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision so long as the general intent of these Official Rules remains in effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained therein.

GENERAL TERMS AND CONDITIONS: Participation constitutes Participant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. This Contest is void where prohibited by law. The Contest is subject to all applicable federal, state, and local laws and regulations. Winning a prize is contingent upon fulfilling all requirements as set forth herein. Sponsor is not liable for any injury or damage to a Participant’s or any other person’s computer or its contents related to or resulting from participation or downloading any materials in this Contest, or other technical difficulties or failures or other errors of any kind. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. In the event the Contest is compromised by a virus, unauthorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the end of the Contest Period, Sponsor reserves the right to award prizes based on the non-suspect, eligible entries received before the termination date and in compliance with the above official rules.

ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

PRIZE WINNER’S AND OFFICIAL RULES: To obtain a winner’s list and/or a copy of these
Official Rules by mail, send a self-addressed stamped envelope to HireInfluence, Inc. Winner’s List, Nerds The Unbeatable Game, 6516 N. Gessner Dr., Houston, TX 77040. Mail must be postmarked by 11:59 PM ET on January 16, 2020.