Level Infinite – Social Media Promotion Terms and Conditions
Last updated: 2023-04-07
These Social Media Promotion Terms and Conditions (the “Terms”) apply to the sweepstakes contest (the “Promotion Event”) as announced by us on our social media post linking to these Terms (the “Announcement Post”).
The Promotion Event is provided by Proxima Beta Pte. Limited with its contact address at 10 Anson Road #21-07, International Plaza, Singapore 079903 (“we”, “us”, “our”, as appropriate).
No purchase or payment of any money is necessary to enter. A purchase will not improve the chances of winning.
1. Agreement to the Terms. The Promotion Event is governed by these Terms and any terms specified in the Announcement Post, which shall be deemed incorporated into these Terms by reference. By entering or participating in the Promotion Event, you accept and agree to be bound by these Terms, and any decision we make regarding the Promotion Event, which we shall make at our sole discretion. To the extent there is any conflict between the terms of the Terms found on this page and any terms within the Announcement Post, the relevant conflicting terms found on this page shall prevail.
2. Eligibility. You must be 18 years old or older to be eligible to participate in this Promotion Event. Persons under the age of 18 as well as employees of Proxima Beta Pte. Limited and their relatives are excluded from participating in the Promotion Event.
3. Condition to Participation. Participation in the Promotion Event constitutes entrant’s full and unconditional agreement to be subject to the Terms and to comply with all applicable laws. Entrants must comply with all applicable rules, terms and policies, etc. as provided by the social media platform that the Promotion Event is conducted on. One entry per individual, household and/or email address is permitted, regardless of method of entry, unless expressly set forth to the contrary in the additional terms found in the Announcement Post. Use of any automated, programmed or robotic system or the like entry methods to participate is prohibited and will result in disqualification. Without limiting the foregoing, we explicitly reserve the right to void or disqualify any entrant or entry if it believes in good faith any entrant or entry does not comply with the Terms.
4. Event Period. The Promotion Event begins and ends on the time and dates as stated in the Announcement Post (the “Event Period”).
5. How to Enter. To enter the Promotion Event and be eligible for a potential Prize, during the Promotion Period, you must complete all the required action(s) as stated in the relevant Announcement Post.
6. Prize(s). The prize for winning the Promotion Event consists exclusively of the in-game digital item(s) as described in the applicable Announcement Post (the “Prize”). No substitution, assignment or transfer of the Prize is permitted, except by us, provided that such substitute is notified to entrants. The odds of winning the Prize depend on the total number of eligible entries received.
7. Winner(s). All Promotion Event entries meeting the requirements of the Terms will be entered into the prize drawing. The number of winners shall be specified in the Announcement Post, or where not specified, shall be as determined by us at our sole discretion. Each winner will be selected by a random-chance drawing by independent persons or a computer program that randomly chooses the winner, from all eligible entries received and the random selection is final and binding.
8. Prize Delivery. The winner will be notified directly via the relevant social media platform as soon as reasonably practical following the drawing, although we will endeavour to do so within seven (7) days of the drawing. A winner’s failure to respond to the prize notification within seven (7) days of being notified by us, will be considered such winner’s forfeiture of the Prize and an alternate winner may be selected from the pool of eligible entries in accordance with these Terms. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries in accordance with the Terms.
9. Personal Information Notice. By submitting your entries, you understand that we will process the comments and your social media account ID, and any information disclosed during your communications with us, pursuant to the Terms. You also acknowledge that the comment is posted by you. We may also collect your name and email address, to send you your Prize if you win, as these are necessary to perform our contract with you to deliver your Prize. Please refer to the Privacy Notice in the Annex to learn how we process your Personal Data.
10. Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our wilful intent or negligence; (ii) fraud or fraudulent misrepresentation; (iii) damages caused by gross negligence or wilful misconduct; (iv) liability for assuming a specific guarantee, and (v) any matter in respect of which it would be unlawful for us to exclude or restrict our liability, i.e. mandatory statutory liability. Save for the foregoing our liability shall be limited as follows: we shall be liable only up to the amount of damages as typically foreseeable at the time of concluding the Terms in respect of damages caused by a slightly negligent breach of a material contractual obligation (i.e. a contractual duty the fulfilment of which is essential for the proper execution of the Terms, the breach of which endangers the purpose of the Terms and on the fulfilment of which you can regularly rely); and we shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. Unless otherwise explicitly provided under the Terms for the purpose of the Promotion Event, you acknowledge and agree that we have no obligations related to your social media account and your acts on the social media platform, and all matters relating to your social media account and/or your acts on the relevant social media platform shall be resolved exclusively by you and such social media platform.
11. General Provisions: If any provision of the Terms is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the Terms otherwise remain in full force and effect and enforceable. We reserve the right at our sole discretion to cancel, terminate, modify or suspend the Promotion Event, including if for any reason it is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion Event.
12. Governing Law. These Terms are governed by the laws of England and Wales. Either Party shall bring any dispute which may arise under these Terms to the competent court of England.
13. No Affiliation with Social Media Channels. This Promotion Event is in no way sponsored, endorsed or administered by, or associated with, the social media platform it is being conducted on. The information you provide will only be used as described in the Terms.
14. Language. These Terms have been primarily prepared in the English language, however other language versions may be provided. Where these Terms are translated into another language, if there are any conflicts between the English and translated versions, the English language version shall prevail.
Annex: Privacy Notice
This Privacy Notice describes how we collect, use and disclose your Personal Data, as well as our legal bases for the processing. It also informs you about your rights in connection with your Personal Data, and other related information you need to know before you provide Personal Data to us.
The controller is Proxima Beta Pte. Limited with its contact address at 10 Anson Road #21-07, International Plaza, Singapore 079903.
We have appointed a data protection officer that you can contact under: firstname.lastname@example.org.
‘Personal Data’ means any information relating to an identified or identifiable natural person (‘Data Subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
We will store your Personal Data (name, email address, social media account ID, and any information disclosed during your communications with us,) for the purpose of performing the Promotion Event as described in the Terms. The legal basis is the performance of a contract with you (Art. 6 para. 1 lit. b GDPR).
You are not obliged to provide your Personal Data. However, if you do not provide your Personal Data, you may not be able to participate in the Promotion Event.
We may onward transfer your Personal Data to entities located outside the European Economic Area. We will implement appropriate measures to ensure that third parties outside the European Economic Area, for which no adequacy decision exists, provide an adequate level of protection to your Personal Data as required by applicable law, e.g. by putting in place the EU Commission’s standard contractual clauses and supplementary measures. You can request a copy of these measures by contacting us under email@example.com or the contact details set out in Section 1 of the Terms.
You have the following rights related to the processing of your Personal Data to the extent permitted by law:
• Right to obtain from us confirmation as to whether or not we process your Personal Data and, where that is the case, access to the Personal Data and receive a copy of your Personal Data (Art. 15 GDPR);
• Right of rectification of inaccurate Personal Data concerning you (Art. 16 GDPR);
• Right to obtain from us the erasure of your Personal Data without undue delay (Art. 17 GDPR);
• Right to obtain from us restriction of processing of your Personal Data (Art. 18 GDPR);
• Right to receive your Personal Data, which you have provided to us, in a structured, commonly used and machine-readable format and to transmit it to another third party without hindrance from us (Art. 20 GDPR);
• Right to object, on grounds relating to your particular situation, at any time to processing of your Personal which we process based on our legitimate interest or in the public interest, including profiling based on those provisions (Art. 21 GDPR).
Where the processing is based on your consent you have the right to with-draw your consent with effect for the future at any time. To exercise your rights please contact us under the above contact details. You may also file a complaint with the competent data protection authority.
We store your Personal Data until the end of the Promotion Event. If you win, we will store your Personal Data until the settlement of the Promotion Event. In certain cases, we may be legally obliged to store Personal Data for a longer period. We will delete such Personal Data as soon as the statutory retention period is expired.