Terms & Conditions - Soda x Mighty Hoopla Community Contest

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TERMS AND CONDITIONS – THE MIGHTY HOOPLA 2023 DRAW

1. Introduction:

1.1. The Candy Crush Soda Saga and Mighty Hoopla in-game prize draw to be held on 17 April to 23 April 2023 (the “Contest”) is operated by King.com Limited, a company registered in Malta whose address is Aragon Business Centre, Level 4, Dragonara Road, St Julians STJ3140, Malta (also referred to in these terms as ‘we’, ‘us’ and ‘our’).

1.2. These rules (“Rules”) apply to all players that enter, participate in any round or stage in the Contest (“you”, or “Participants”). Each Participant is required to read, understand, and agree to these Rules before participating in the Contest.

2. Acceptance of the Rules:

2.1. Each Participant must agree to these Rules to participate in the Contest. Participants shall accept these Rules by entering or participating in any round or stage of the Contest. 

2.2. Accordingly, in its sole discretion, King (a) may update, amend or supplement these Rules from time to time; and (b) may interpret or apply these Rules by releasing, with reasonable notice, bulletins, notices, in-game message, community posts, explanatory videos, online postings, e-mail and/or other electronic communications that provide instructions and guidance to Participants. Subsequent participation at any stage of the Contest will constitute acceptance of the changed rules. 

2.3. These Rules are in addition to and incorporate King’s Terms of Use https://www.king.com/termsAndConditions (“Terms of Use”), Privacy Policy https://king.com/privacyPolicy (“Privacy Policy”), and all rules governing the use of the Candy Crush Soda Saga game and the administration of the Contest (where applicable). In the event of a conflict between these Rules, Terms of Use, Privacy Policy and any additional Contest or Candy Crush Soda Saga specific rules, these Rules shall govern.

2.4. The Contest and any associated decisions by King are final. No correspondence will be entered into regarding the selection of the winner of this Contest.

3. Participants: 

3.1. Eligibility: To be able to compete as a Participant in the Contest you must:

3.1.1. be physically present in the United Kingdom at least three days before the Contest begins and during the Contest;

3.1.2. be normally resident in the United Kingdom;

3.1.3. acknowledge and agree that, in order to make use of the Prize, you must be physically present in London for the Event;

3.1.4. have Candy Crush Soda Saga (build 1.230 or later) installed and playable on an accessible device. For more information on compatible devices, operating systems, and minimum device requirements, please see: https://www.king.com/game/candycrushsoda;

3.1.5. have at least three (3) new levels available to play in Candy Crush Soda Saga, unless the Participant has progressed to the final thirty (30) levels or above in Candy Crush Soda Saga (please see section 4.5 for more information);

3.1.6. be in good standing with respect to any King account, with no undisclosed violations of the Terms of Use;

3.1.7. be over the age of eighteen (18) prior to participating in the Contest;

3.1.8. not be a director, officer, or employee of King, relative of a King employee, or any entity which controls, is controlled by, or is under common control with King unless King has been notified of and has expressly authorized such relationship in writing;

3.1.9. agree to be bound by these Rules, King’s Terms of Use, Privacy Policy, and King’s written instructions as may be updated and amended from time to time; 

3.1.10. ensure that your participation in the Contest is compliant with all applicable laws; and

3.1.11. represent and warrant that you will take all steps necessary to ensure such compliance with all applicable laws. If any applicable laws applicable restrict or prohibit you from entering the Contest, you must comply with those legal restrictions or, if applicable, refrain from claiming any Prize.

3.2. King shall have, in its sole and absolute discretion the right to:

3.2.1. update and amend the eligibility criteria listed in these Rules from time to time; 

3.2.2. determine the eligibility of any and all Participants; and

3.2.3. refuse to reward prizes and/or disqualify any and all Participants if they are in breach of these Rules.

3.3. Prize eligibility: Use of the Prize (as defined below) is subject to a third party’s requirements and terms, which can be viewed on their website here: https://mightyhoopla.com/. Participants must carefully review their details, terms and requirements before entering the Contest to ensure they are able to attend. King shall not be responsible for providing any Winner (as defined below) with an alternative prize if a Winner is unable to use the Prize due to requirements or restrictions set by the Event operator.

4. Contest requirements and entry

4.1. The Contest shall be live between 00:01 UK time on 17 April 2023 until 23:59 UK time on 23 April 2023. Participants are solely responsible for ensuring that they have enough time to fulfill all Contest requirements as set out herein. Any delayed or unfulfilled entries are the sole responsibility of the Participant. 

4.2. Players may not use third party software or an external device or attachment of any kind that modifies gameplay of the Contest or the game without the express consent of King. King reserves the right to exclude any participant that it (in its sole discretion) suspects of cheating by any method.

4.3. No in-app purchases are required or necessary to take part in the Contest. Participants are responsible for any phone or internet charges that you may incur in entering the Contest. If you are unsure about these charges, you should contact your phone or internet operator before entering.

4.4. Structure: There are, at maximum, seven chances across seven days (each a “Chance Day”) for Participants to win a Prize (as defined below). The period of each Chance Day shall start from 00:01 UK time on the relevant day and end on 23:59 UK time on the relevant day. Each Participant may only provide one entry per Chance Day by fulfilling the requirements set out in section 4.5 below. If a Participant misses a Chance Day or does not fulfill the participation requirements for the relevant Chance Day, they will not be eligible to enter the Contest for that Chance Day.

4.5. Participation: To enter the Contest for each Chance Day, except as set out below in section 4.6, players must pass 3 new levels in Candy Crush Soda Saga with a 3-star rating for each level. A “new” level shall mean a level that has not yet been played by the Participant on the start of the relevant Chance Day. For example, if a Participant has not played level 50 by 00:01 UK time on 17 April 2023, this is deemed a “new” level. The Participant may play level 50 multiple times to score a 3-star rating as part of entering the Contest for that Chance Day. However, for the next Chance Day (starting on 00:01 UK time 18 April 2023), level 50 shall no longer be deemed a “new” level and only levels which have not been played by 00:01 UK time on the same Chance Day will be “new”. Levels or game modes outside of Candy Crush Soda Saga’s main level progression, such as ‘Bake A Cake' levels are not part of the Contest. 

4.6. For any Participants that have progressed to the final thirty (30) levels available in Candy Crush Soda Saga at the time the Contest begins (“End Content Participants”), they may be permitted to replay the final 30 levels in order to participate in the Contest. End Content Participants must pass 3 levels with a 3-star rating for each level, and these levels must be the latest and final 30 levels available to them in Candy Crush Soda Saga.

4.7. All Participants who fulfill the entry requirements shall be entered into a random prize draw for the relevant Chance Day. One Winner per Chance Day shall be drawn at random.

4.8. Participants are only be permitted to enter the draw once per Chance Day. 

4.9. Internet connection is required. For Participants playing on offline mode, Participants must sync their progress online and fulfill all the specified requirements by 23:59 UK time on the relevant Chance Day in order to submit an entry.

5. Prize

5.1. Prize (“Prize”): Each Prize includes two weekend tickets to the festival ‘Mighty Hoopla’ (the “Event”) held on 3-4 June 2023 in Brockwell Park, London. More information on the Event can be found here: https://mightyhoopla.com.  

5.2. Prize only includes weekend tickets to enter the Event and, unless otherwise expressly specified, shall not include any accommodation, transport, expenses, food and drink at the venue, any other venue-related costs, incidental costs, or any other expenses. All costs, taxes, fees, expenses and/or arrangements are the sole responsibility of the Winner.

5.3. All Participants shall be given information via an in-game notification if they have won a Prize and, if applicable, how to claim the Prize, within 24 hours from the end of the relevant Chance Day. Winning Participants (“Winners”) will also be informed that they have won a Prize via a push notification if enabled by their device and app settings. Winners with King accounts linked to email addresses will also be notified by email. Winners must follow the instructions set out in the notification(s) and provide the required information requested by King in order to claim the Prize.

5.4. If a Winner does not follow the instructions in the notification(s) or provide all the requested information before 3 May 2023 (a “No Response Event”) the Winner's prize will be forfeited. Following a No Response Event, King may (at its sole discretion):

5.4.1. draw another and/or further Winner(s) at random; or

5.4.2. operate another stage of the Contest (a “No Response Stage”) whereby King shall be permitted to take reasonable actions in order help award all the Prize(s). This may include, without limitation: (1) selecting 3 or more further finalists each Chance Day at random, who will be awarded the Prize(s) if the Winner or the finalist(s) before them in the queue do not claim their Prize(s) within a stated deadline; or (2) sending in-game notices to Participants with further instructions on how to claim a Prize. 

5.5. In the event that any No Response Stage results in a tie between two Winners, the ultimate Winner shall be decided by the individual who has progressed the furthest in Candy Crush Soda Saga in terms of levels, or, if that still results in a tie, a random draw.

5.6. Winners may be required to provide their full name and other relevant information to King to claim the Prize. Winners agree and acknowledge this information may be passed to the Event operator in order to fulfill the Prize. Winners must bring with them to the Event valid and official identification (such as a driver’s license or passport) in order to attend the Event.

5.7. There are in total seven Prizes available for the Contest. Only one Prize per Participant/Winner is permitted. In the event an existing Winner is drawn, we may draw another Winner at random.

5.8. King is not responsible for any changes to the Event (including but not limited to any changes to the line-up or acts). For any questions on the event itself, please contact the Event operator directly. 

5.9. We have the right to substitute any publicised prize for an alternative prize of equal or greater value if, for any reason, any or all Prizes become unavailable. 

5.10. The Prizes are non-transferable, non-exchangeable and may not be re-sold. No cash or any other alternative is available for any Prize. If a Winner does not attend the Event for any reason, we are not liable to provide the Winner with any compensation of any form.

5.11. The Winner must comply with any rules, terms, restrictions, and/or requirements set by the Event operator. We are not responsible for any issues or costs that may arise as a result of the Winner or the Winner’s guest failing to comply with such rules, terms, restrictions or requirements. 

5.12. King makes no representation or warranty in relation to the Prize, to the fullest extent permissible by law, King will have no liability to the winner in relation to the Prize, its fitness for purpose, merchantability or otherwise. We will have no liability in respect of the Prize if it is lost or stolen following delivery. 

5.13. If you are selected as a winner of the Contest and claim a prize, you consent that King (including our group and affiliate companies) and selected third party partners may use, edit and publish your username, name, images, likeness, location and testimonials, whether all or in part, in any and all media, in perpetuity, in any manner King deems appropriate for promotional, news or publicity purposes, and for any other purpose specified by King both during and after the Contest, without any compensation to you or any notifications, review or approval rights, or permissions. You may withdraw consent to our use of your personal data for these purposes. To do so, please contact us at hoopla@king.com. 

6. Legal stuff

6.1. The data controller for all personally identifiable information or personal data that we collect about you as described in these terms and conditions, the Contest or in relation to our games is King.com Limited. King.com Limited and its affiliates shall collect, process, use and share your personal information for the purposes of running the Contest and in accordance with our Privacy Policy.

6.2. As a condition of participating in the Contest and to the greatest extent permitted by the applicable laws and regulations, each Participant agrees to release and hold harmless King and its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees and other representatives from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, losses, or damages of any kind arising out of or in connection with their participation in the Contest or delivery, mis-delivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort, warranty or other theory. This section shall not exclude any liability that cannot be excluded as a matter of law. 

6.3. To the greatest extent permitted by the applicable laws, King assumes no responsibility for any problems or technical malfunction outside of King’s reasonable control, including of any communications network, computer systems, servers, software, Internet service providers, or e-mail systems; failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible or misdirected electronic communications; or any combination thereof, including damage to entrants' or anyone else's computer equipment related to or resulting from participation or downloading of any materials in this Contest. In the event of such issues arising, King reserves the right to recommence, or reset the Contest or any stage thereof in its sole discretion. 

6.4. King is the sole and exclusive promoter of the Contest and no other third party (including Apple or any other platform holder) is responsible for the legal operation of the Contest.

6.5. For avoidance of doubt, we are not responsible for the actions or omissions of the Event operator or any other third party that may be involved in providing or operating the Event. You must contact the Event operator if you have any questions about the Event. 

6.6. These Rules shall be governed by the laws of England. Any additional rights which you may have as a consumer remain unaffected by these terms. Any disputes arising out of or in connection with this competition will be adjudicated in the courts of England.