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PROMOTION NAME: Guadalupe Valley Telephone Cooperative – Under 18 Super Smash Bros. Ultimate Game Tournament Official RulesDATES: Entry Opens – April 7, 2021; Entry Closes – May 8, 2021, but time is of the essence because the promotion is limited to the first 50 eligible entrants to register; Contest Date – May 15, 2021OFFICIAL RULESTHIS GUADALUPE VALLEY TELEPHONE COOPERATIVE – UNDER 18 SUPER SMASH BROS. ULTIMATE GAME TOURNAMENT (the “Promotion”) IS OPEN ONLY TO RESIDENTS OF TEXAS, USA WITHIN SPONSOR’S SERVICE AREA (CHECK HERE TO SEE IF YOU ARE IN SPONSOR’S SERVICE AREA: ), WHO ARE BETWEEN THE AGES OF 13 AND 18 AT THE TIME OF ENTRY. THE PROMOTION IS LIMITED TO THE FIRST FIFTY (50) ELIGIBLE ENTRANTS TO REGISTER.NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN, THOUGH YOU NEED A VALID NINTENDO SWITCH ONLINE ACCOUNT, A NINTENDO SWITCH OR NINTENDO SWITCH LITE, AND ACCESS TO SUPER SMASH BROS. ULTIMATE TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. You have not yet won. PARTICIPATION CONSTITUTES ENTRANT’S FULL AND UNCONDITIONAL AGREEMENT to be bound by these Official Rules. for the POTENTIAL winners, RECEIVING a prize is contingent on fulfilling alL requirements set forth in these Official Rules. Any violation of these Rules may result in disqualification, without notice or other obligation to the violator. All decisions of Sponsor are final and binding in all respects. VOID WHERE PROHIBITED BY LAW.1. SPONSOR: The sponsor of this Promotion is Guadalupe Valley Telephone Cooperative, Inc., at 36101 FM 3159, New Braunfels, Texas 78132 (“Sponsor”).This Promotion is NOT sponsored, endorsed, or administered by, or associated with Nintendo of America, Inc., Facebook, or Instagram. As such, please direct any questions regarding the Promotion to Sponsor. You understand that you are providing your information to Sponsor with regard to this Promotion. The information you provide will only be used in the administration of the Promotion and in accordance with Section 10 below.2. PROMOTION TIMING: A. Promotion Entry: The Promotion entry period begins on April 7, 2021 at 8:00 AM Central Standard Time (“CST”) and ends on the earlier of May 8, 2020 at 11:59 PM CST or once the first fifty eligible entrants have registered for the Promotion (the “Promotion Entry Period”). The Promotion will be held on May 15, 2021 at 11:00 AM CST. Sponsor’s computer is the official time-keeping device for the Promotion.B. Selection of Potential Winners: The potential winners will be selected on or about May 15, 2021 at 5:00 PM CST. 3. ELIGIBILITY: This Promotion is limited to the first fifty (50) eligible entrants to register. This Promotion is open only to legal residents of Texas, USA, within Sponsor’s service area (check here to see if you are in Sponsor’s service area: ), who are between the ages of 13 and 17 at the time of entry. Residents of U.S. territories and possessions, U.S. military installations in foreign countries, and all locations not physically located within the Sponsor’s service area in Texas (see link above) are excluded from this Promotion. Past and present employees, officers, directors, agents, and independent contractors of Sponsor and its affiliates or other companies involved in the development or administration of this Promotion, as well as the immediate family members (spouse, parents, siblings, and children) and household members of such employees, officers, directors, agents, and independent contractors are not eligible to enter this Promotion. This Promotion is subject to all applicable federal, state, and local laws and regulations. This Promotion is void where prohibited by law. Sponsor reserves the right to disqualify any entrant that Sponsor determines, in its sole discretion, to be ineligible to participate in the Promotion.4. HOW TO ENTER: During the Promotion Entry Period, register to be entered in the Promotion at . To register, you will need to provide your Nintendo Switch Online account information and full name. email address, phone number, home address, date of birth, and Nintendo Switch Online user name.You will need a valid Nintendo Switch Online account, a Nintendo Switch or Nintendo Switch Lite, and access to Super Smash Bros. Ultimate to enter. You acknowledge and agree that there are specific terms and conditions that apply to your use of Nintendo’s hardware and software. If you do not have a valid Nintendo Switch Online account, a Nintendo Switch or Nintendo Switch Lite, and access to Super Smash Bros. Ultimate, then you may not enter the Promotion. LIMIT: The Promotion is limited to the first fifty (50) eligible entrants. Once fifty (50) eligible entrants have registered for the Promotion the registration will be closed. The Promotion is limited to one entry per person. You may not enter with multiple Nintendo Switch Online accounts. Even if you register with multiple Nintendo Switch Accounts within the Promotion Entry Period, you will only be entered once. Entries submitted from any person in excess of the stated limitation will be void. Any attempt by an entrant to enter the Promotion more than once by using multiple/different accounts or identities or any other method will disqualify that entrant. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor has no obligation to notify the entrant of the disqualified entry.All entries must be received by 11:59 PM CST on May 8, 2021, unless the limit has been reach and registration closes earlier. Only completed entries received by the end of the Promotion Entry Period will be eligible for the Promotion. All entries received after the end of the Promotion Entry Period will be void and will not be eligible to win. Sponsor will not verify receipt of entries, and proof of submission will not be deemed proof of receipt by Sponsor. Entries are automatically null and void if not obtained through the authorized channels or if any part is late, lost, stolen, incomplete, illegible, unintelligible, invalid, damaged, misdirected, or contains typographical or other errors. Sponsor is not responsible or liable in any way for such entries or errors. Sponsor has no obligation to notify the entrant of the disqualified entry. 5. PROMOTION FORMAT AND RULES: The Promotion will be held on May 15, 2021 at 11:00 AM CST (“Promotion Game Date”). The Promotion will be held online via Nintendo Switch Online through each entrant’s own console. Sponsor will provide entrants with information on how to connect to the Promotion at least twenty four (24) hours prior to the Promotion Game Date. The Promotion will be administered in accordance with Sponsor’s Game Play Rules, available at: . Each entrant hereby agrees to comply with Sponsor’s Game Play Rules. A violation of the Game Play Rules will be deemed a violation of these Official Rules and will result in the automatic disqualification of entrant. Sponsor has no obligation to notify the entrant of the disqualified entry. Your use of your Nintendo device, Nintendo Switch Online, and Super Smash Bros. Ultimate software is subject to the applicable device, platform, and software terms and conditions.6. WINNER SELECTION AND NOTIFICATION: a. Winner Selection: There will be one (1) first place winner, one (1) second place winner, and one (1) third place winner. There will be no ties. The potential winners will be notified via a private message on their Nintendo Switch Online accounts (or via email or other form of communication at Sponsor’s discretion).b. Winner Notification and Announcement: Receiving a prize is contingent on compliance with these Official Rules. Once a potential winner is contacted by Sponsor, he or she will have twenty four (24) hours from the time when Sponsor sends the notification, to respond and claim the prize. Failure to respond to the notification within such twenty four (24) hour period, the return of any prize notification as undeliverable, or any noncompliance with these Official Rules will result in disqualification of the potential prize winner; and Sponsor may, in Sponsor’s sole discretion, choose an alternate winner by determining the next highest placed eligible entrant.IMPORTANT - RELEASE REQUIRED: Prize award is subject to verification of eligibility and compliance with these Official Rules. Sponsor will require that a parent or guardian of each potential winner complete and return to Sponsor an affidavit of eligibility and release in order for the potential winner to receive the prize. If the affidavit is not returned within the timeframe set forth in the paragraph above after prize notification, the prize will be forfeited, and Sponsor may, in Sponsor’s sole discretion, choose an alternate winner by determining the next highest placed eligible entrant. REPLYING TO THE PRIZE NOTIFICATION WILL NOT AUTOMATICALLY MAKE A POTENTIAL WINNER AN ACTUAL PRIZE WINNER. EACH POTENTIAL WINNER MUST MEET ALL ELIGIBLY REQUIREMENTS AND OTHERWISE COMPLY WITH THESE OFFICIAL RULES. The winners might, in Sponsor’s sole discretion, be announced on Sponsor’s website (), various social media platforms, and/or in other marketing materials, though this is not how the potential winners will be notified of the prize. As such, each entrant agrees to be subject to the terms of service and privacy statements of each social media platform through which Sponsor might announce the winners. 7. ODDS OF WINNING: The odds of winning depend on number of eligible entries received. 8. PRIZE: The first place winner will receive one (1) two hundred fifty dollar ($250) American Express? gift card. The second place winner will receive one (1) one hundred fifty dollar ($150) American Express gift card. The third place winner will receive one (1) seventy five dollar ($75) American Express gift card.The total value of the three prizes combined is four hundred seventy five dollars ($475), but each winner will only win one prize commensurate to their final placement in the Promotion. All prizes will be awarded in USD.Sponsor reserves the right to substitute prizes of equal or greater value. No substitutions or transfers of prizes are permitted by the winners, except at Sponsor’s sole discretion. The prizes may not be exchanged by the winners for cash or otherwise, and the prizes are non-refundable. IMPORTANT: Sponsor makes no representation, warranty, or guarantee in whole or in part, express or implied, in fact or in law, in relation to the prizes and/or the use of the prizes. Without limiting the generality of the foregoing sentence, Sponsor expressly disclaims any and all representations, warranties, and guarantees regarding the prizes, including without limitation, those regarding the safety, quality, performance, availability, merchantability, fitness for a particular purpose, and/or suitability for use of the prizes, and/or non-infringement of third party rights and/or title. Sponsor expressly disclaims any and all responsibility and liability for injury, death, and/or loss to any person or property relating to the delivery, possession, use, and/or misuse of the prizes. Additional restrictions, conditions, disclaimers, and limitations regarding the prizes may apply and will accompany the prizes. Once Sponsor has determined that the winners meet all eligibility and other requirements in these Official Rules and once the winners timely provide the signed Affidavit of Eligibility and Release to Sponsor, Sponsor will coordinate prize pick-up or delivery with the winners directly. By participating, the winners waive the right to claim as a cost of winning the prize, the cost of travel required to claim or use the prizes. If Sponsor delivers the prize via mail, the prize will be deemed delivered to the applicable winner once the prize is delivered by Sponsor to the U.S. Postal Service or other common carrier of Sponsor’s choosing. Sponsor will not be responsible or liable for a lost, stolen, or damaged prize once mailed by Sponsor to the address provided by the winner or once delivered to the U.S. Postal Service or other common carrier, or for any loss or damages relating to delivery, use, or misuse of the prize.All federal, state, and local taxes and all other costs associated with acceptance or use of the prizes are the sole responsibility of the winners. All expenses and items not specifically mentioned in these Official Rules are not included and are the winners’ sole responsibility.All details of the prizes not set forth in these Official Rules are at the sole discretion of Sponsor.9. PUBLICITY RELEASE. Unless prohibited by law, acceptance of the prize shall constitute and signify the winners’ agreement and consent that Sponsor, and third parties on Sponsor’s behalf, may use the winners’ respective name, city and state of residence, biographical data, voice, statements, image, likeness, and/or prize won (collectively the winner’s “Name and Likeness”) in connection with the Promotion and/or for other marketing and promotional purposes and for any other business purpose, in any media, now known or hereafter developed, throughout the world, including on the Internet, without providing additional notice, consent, review opportunity, or consideration to the winners. Winners agree that Sponsor (and third parties on Sponsor’s behalf) have the unrestricted, perpetual, and worldwide right to reproduce, copy, exhibit, display, perform, transmit, broadcast, distribute, modify, create derivatives of, and otherwise use the winners’ respective Name and Likeness. Winners agree that Sponsor may alter the winners’ respective Name and Likeness and may combine the winners’ respective Name and Likeness with other materials and information (including without limitation, text, data, images, photographs, illustration animation and graphics, or video or audio segments of any nature, in any media or embodiment, now known or hereafter developed). Winners accept and acknowledge that Sponsor shall not be obligated to use the winners’ respective Name and Likeness, and Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.10. PRIVACY: Unless otherwise set forth in these Official Rules, personal information collected from participants is subject to Sponsor’s Privacy Policy located at . Please review this Privacy Policy prior to entering the Promotion.11. RELEASE OF LIABILITY: By participating in this Promotion, you (each entrant) agree to release (a) Nintendo of America, Inc., (b) Facebook, (c) Instagram, (d) Sponsor, and (e) each of their respective parents, affiliates, subsidiaries, prize suppliers, and assigns, and each such company’s present and future officers, directors, partners, equity holders, agents, employees, and all others associated with the development and execution of this Promotion (collectively, the “Released Parties”), from any and all claims, lawsuits, actions, allegations, demands, liabilities, losses, damages, injuries, death, damage to or loss of personal property, and costs and expenses (including without limitation reasonable attorneys’ fees and costs) of any kind and nature with respect to, or in any way arising from, (i) this Promotion, (ii) your participation in this Promotion, (iii) your acceptance, possession, use, and/or misuse of your prize or use and/or misuse of your prize by any third party once the prize is in your possession (including without limitation any products or services purchased with the prize, travel, or activity related thereto), and/or (iv) the Released Parties’ use of your Name and Likeness, including without limitation any and all liability for personal injury, damages, death, monetary loss, libel, defamation, invasion of privacy or right of publicity, infringement of copyright, or violation of any other right. 12. Limitations of Liability: By participating in this Promotion, you (each entrant) acknowledge and agree that the Released Parties (i) have not made and are not responsible or liable for any guarantees, warranties, or representations, express or implied, regarding the prizes and/or use thereof; (ii) assume no responsibility for any injury, loss or damage to entrants’ or to any other person’s computer or device relating to, or resulting from, entering or downloading any information or software in connection with this Promotion; (iii) are not responsible for and have no obligation to notify any entrant of technical, hardware, software, internet, or telephone malfunctions of any kind, lost or unavailable network connections, or late, failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications caused by the user, or by any of the equipment or programming associated with or utilized in this Promotion, or by any human or other errors that may occur in connection with this Promotion, or any other forces beyond the reasonable control of the Released Parties that might cause the Promotion to be disrupted or corrupted; (iv) are not responsible for any incorrect or inaccurate information, whether caused by participants, printing or typographical errors, or by any of the equipment or programming associated with or utilized in the Promotion; and (v) are not responsible for any unauthorized human intervention in any part of the entry process or the operation of the Promotion or technical or human error that may occur in the administration of the Promotion or the processing of entries. If, for any reason, an entrant’s entry is confirmed to have been erroneously deleted, lost, stolen, misdirected, or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry in the Promotion, if it is possible at that time. The prizes must be accepted as awarded, and the prizes are awarded “AS IS” and “AS AVAILABLE” with no guarantee, warranty, or representation, express or implied, in fact or in law.13. DISPUTES; LIMITATION OF LIABILITY: Except where prohibited, entrants agrees that: (i) these Official Rules, and the rights and obligations of the entrants and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any conflict-of-law rule that would result in the application of the laws of any other jurisdiction; (ii) 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, and exclusively by courts located in New Braunfels, Texas; (iii) participants submit to the exclusive jurisdiction and venue of the courts located in the New Braunfels, Texas for any and all causes of action relating to this Agreement; (iv) any and all claims, judgments, and awards shall be limited to the greater of (a) the actual out-of-pocket costs incurred by the applicable entrant relating to the Promotion, including costs associated with entering the Promotion and claiming the prize; or (b) USD 25.00 (twenty five U.S. dollars); but in no event will any participant be awarded attorneys’ fees; (v) under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, indirect, punitive, special, exemplary, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses incurred; and (vi) under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive, all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO THE ABOVE MAY NOT APPLY TO YOU.14. GENERAL RULES: Unless required by law, Sponsor is not required to review or respond to any correspondence received from an entrant regarding the Promotion. If any provision of these Official Rules is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Official Rules shall continue in full force and effect. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term on another occasion or any other term. Sponsor reserves the right to cancel, suspend, and/or modify the Promotion, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, or if the Promotion is not capable of being executed as planned for any other reason, as determined by Sponsor in its sole discretion. If the Promotion is terminated before the end of the Promotion Period, Sponsor may, in its discretion, randomly select three winners from all eligible entries received as of the termination date. Sponsor reserves the right, in its sole discretion, to disqualify any individual who Sponsor finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of the Official Rules of this Promotion or in a disruptive manner.Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules or any laws or regulations, or to be attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, misappropriation, infringement, or any other unfair playing practices, poor sportsmanship, or intending to annoy, abuse, threaten, or harass any other entrants or Sponsor representatives.CAUTION: ANY ATTEMPT BY ANY PERSON TO DEFRAUD SPONSOR IN CONNECTION WITH THE PROMOTION, TO DAMAGE ANY WEBSITE, OR TO OTHERWISE DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SUBJECT TO CRIMINAL AND CIVIL PENALTIES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PERSON FROM THE PROMOTION, WITHOUT NOTICE TO SUCH PERSON; AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW AND TO COOPERATE IN THE PROSECUTION OF ANY SUCH CONDUCT.15. WINNER’S LIST: To request the winners’ names, please send a self-addressed, stamped envelope to Guadalupe Valley Telephone Cooperative Winner’s List Request, 36101 FM 3159, New Braunfels, Texas 78132 or send an email to Soraya.Herbert@.CONSUMER DISCLOSURE: You have not yet won. No purchase or payment of any kind is necessary to enter or win, though you need a valid Nintendo Switch Online account, a Nintendo Switch or Nintendo Switch Lite, and access to Super Smash Bros. Ultimate to enter. Enter by registering at [LINK] by May 8, 2021, at 11:59 PM Central Standard Time, but time is of the essence because the Promotion is limited to the first fifty eligible entrants to register. Three prizes will be awarded; there will be three winners, and each will receive one prize. Winners will be determined by their placement in the Promotion in accordance with Sponsor’s Game Play Rules, available here: [LINK]. The first place winner will receive one (1) $250 American Express? gift card. The second place winner will receive one (1) $125 American Express gift card. The third place winner will receive one (1) $75 American Express gift card. The total value of the three prizes combined is $475, but each winner will only win one prize commensurate to their final placement in the Promotion. The odds of winning depend on the number of eligible entries received. One entry per person. Must be between the ages of 13 and 18 and a resident of Sponsor’s service area in Texas (which can be determined at ). Other restrictions apply. Promotion Entry Period: April 7, 2021 at 8:00 AM to May 8, 2021 at 11:59 PM Central Standard Time or earlier once fifty eligible entrants have registered. The Promotion Game will occur on May 15, 2021 at 11:00 AM Central Standard Time. The Promotion will be held online via Nintendo Switch Online through each entrant’s own console. Sponsor: Guadalupe Valley Telephone Cooperative, Inc., 36101 FM 3159, New Braunfels, Texas 78132. ................
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