Official Rules for FGTeeV 1st Edition Trading Card Booster Packs Pre-Release Promotion

All dollar amounts refer to and will be paid in United States currency. If Winner is found to be the winner of a subsequent drawing, Company may invalidate Winner’s later win at its sole discretion.

Announcement: Within a reasonable time after the verification of the respective Winners’ eligibility and compliance with these Official Rules, Company may publicly announce the Winners. The announcement may show the Winner’s photograph or video of Winner, social media handle, and/or name. By way of entry, all Entrants consent to Company’s public use of Entrant’s photograph/video/likeness, social media handle, and name.

Odds of Winning: The odds of winning depend on the total number of eligible entries received during the Promotion Period.

General Prize Conditions: In no event, will more than one (1) Prize be awarded per Winner. The Winners shall be solely responsible for the payment of all applicable federal, state, provincial, and local taxes for any Prize won. Each Winner will be required to complete and submit an IRS Form W-9 or W-8BEN, as applicable, and Company will issue an IRS Form 1099-MISC for the Winner if the Winner is a United States resident, or an IRS Form 1042 if the Winner is a Canadian resident. Failure to submit a completed Form W-9 or W-8BEN, when required by Company to receive the Prize, will result in forfeiture of the Prize. The Promotion Entities will not be held responsible for any delays in awarding the Prize for any reason. If, after a good-faith attempt, Company is unable to award or deliver the Prize, the Prize may not be re-awarded.

To the extent Company collects or possesses personal identifying information from Entrants, such personal information will solely be used or shared with third parties in connection with Company’s performance of its obligations concerning the Promotion hereunder. If an Entrant provides personal information in connection with Company’s eligibility verification procedures or such Entrant’s attempts to claim the Prize described herein, Company will use or share such information with third parties solely to complete such eligibility verification procedures and, if applicable, to (i) provision the Prize to the verified Winner, and (ii) to perform any tax-related obligations that follow the provision of the Prize, such as issuing a 1099-MISC or 1042 to the verified Winner. In any event, the Company will treat all personal information collected hereunder in accordance with any applicable data protection laws. The Company’s privacy policy can be viewed at https://epicheroshop.com/policies/privacy-policy.

By participating in this Promotion each Entrant grants Company a non-exclusive, worldwide, irrevocable, and perpetual license to use Entrant’s likeness to include photographs and/or video of any winning Entrant, social media handle, and name (the “Materials”), in whole or part for any purpose including but not limited to promotion, trade, commercial, advertising, and publicity purposes, at any time or times, in whole or in part, edited or original, in all media now known or hereafter discovered or created including but not limited to live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.

Entrants hereby irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them ("Authorized Persons"), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use the Materials in perpetuity, throughout the universe, in any medium or format whatsoever now existing or hereafter created on any platform and for any purpose.

To the fullest extent permitted by applicable law, Entrant hereby irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims"), arising directly or indirectly from the Authorized Persons' exercise of their rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part from the negligence of Company or any other person, and Entrant hereby covenants not to make or bring any such Claim against any Authorized Persons and forever release and discharge the Authorized Persons from liability under such Claims.

Entrant agrees that the property of Company is and shall always remain the property of the Company. Entrants shall not use the content produced under these rules to promote their own material on their own social media and network channels.

If Entrant is a resident of Tennessee, Entrant waives any rights of publicity as outlined by Title 46, Chapter 25, Part 11 – Protection of Personal Rights and claims that may reside therein for the purposes of these Official Rules. Tennessee Entrant further waives any claims under the aforementioned statute for eternity and all-time for any usage and participation as a potential Winner.

By participating in this Promotion, Entrants agree that the Promotion Entities, Company, Instagram, Twitter, YouTube, Facebook, TikTok, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, webmasters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, or undeliverable direct messages or e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration or eligibility-defining information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking; or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Website or any Promotion-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Promotion and/or accepting or using the prize. The Released Parties will not be responsible or liable for entries that are entered by any automated computer, program, mechanism, or device, for any entries more than the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such entries may, at Company’s sole discretion, be disqualified.

If for any reason, the Promotion is not capable of running as planned, Company reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Promotion and/or proceed with the Promotion, including the selection of the winner in a manner it deems fair and reasonable including the selection of the winner from among eligible entries received before such cancellation, termination, modification or suspension.

Without limiting the foregoing, everything regarding this Promotion, including the Website and Prize, are 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, except for any express manufacturer’s warranty as may be included with the prize. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.

Each Entrant agrees, to the maximum extent permitted by law, to indemnify, defend, and hold harmless the Released Parties from and against any and all tax liability that may be imposed or associated with his/her receipt or use of any Promotion prize and any and all cost, loss, damage, penalty, or expenses (including, without limitation, reasonable attorneys’ fees) arising from third-party claims, lawsuits, judgments, causes of action, proceedings, or demands brought or asserted against Released Parties that may arise in connection with (a) the Entrant’s receipt, ownership, or use of any Promotion prize, (b) the Entrant’s participation in any Promotion-related or prize-related activity, (c) the Entrant’s violation or alleged violation of any third-party privacy, personal, publicity, intellectual property, or proprietary rights, (d) the Entrant’s negligence or willful misconduct, (e) any conduct of the Entrant associated with Entrant’s participation or attempted participation in the Promotion.

THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF KENTUCKY, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES, AND THE FORUM AND VENUE FOR ANY DISPUTE WILL BE IN DENVER COUNTY, COLORADO. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS PROMOTION THAT IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”), AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE AAA RULES FOR SELECTION OF AN ARBITRATOR WILL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR WILL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN KENTUCKY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LAUREL COUNTY, KENTUCKY IN THE ENGLISH LANGUAGE. THE REMEDY FOR ANY CLAIM WILL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT WILL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION. ANY DEMAND FOR ARBITRATION OR ANY OTHER CLAIM OR ACTION ARISING OUT OF OR RELATING TO THE PROMOTION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION WILL BE FOREVER BARRED.

Further, Entrants hereby waive all rights, to (i) claim punitive, exemplary, special, incidental, indirect, and consequential damages, and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any Entrant and/or Promotion Entities and/or Released Parties and/or any other party will be resolved individually, without resort to any form of class action.

Any attempted form of participation in this Promotion other than as described herein is void. If it is discovered or suspected at Company’s sole and absolute discretion that an Entrant has registered or attempted to register more than once using multiple e-mail addresses, accounts, multiple identities, proxy servers, or like methods, all of that Entrant’s entries will be declared null and void, and that Entrant will be ineligible to win the Prize. Also, if it is discovered that any Entrant attempts to receive additional entries in excess of the stated limitation, that Entrant may, in Company’s sole discretion, be disqualified from the Promotion. In the event of a dispute as to the identity of a Winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted by Entrant. “Authorized Account Holder” is defined as a natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the respective account or e-mail address. Company reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Promotion. Any use of robotic, automatic, macro, programmed, third-party, or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof will be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Company’s interpretation and application of these Official Rules are final and binding in all matters related to the Promotion. Company’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision and such provision will remain in full force and effect. All entries and/or materials submitted become the property of Company and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print and internet advertising, promotional packaging, and other promotional media), the details of the Promotion as outlined in these Official Rules will prevail.

To obtain a copy of these Official Rules or the identity of the winners of the Promotion, mail a self-addressed, stamped (although Vermont residents may omit return postage), business-sized envelope specifying “Official Rules” or “Winner Identification” to 250 American Greeting Card Road, Corbin, KY 40701. Requests pursuant to this heading must be received within twelve (12) months of the end of the Promotion Period.