GUMI ASIA PTE. LTD. EVENTS

TERMS & CONDITIONS

1. The Promoter

The promoter is: gumi Asia Pte. Ltd. of 1 Fusionopolis Way, Connexis North Tower #07-10, Singapore 138632, Republic of Singapore (the “Promoter”).

2. The Event

2.1 Key details of each prize draw, contest, or competition (the “Event”) are shown on the official FINAL FANTASY BRAVE EXVIUS Facebook Page. The terms and conditions herein apply to all of the Promoter’s Events.

3. How to enter

3.1 The Event will run from 1:00 on July 10, 2019 PDT (the "Start Date") to 0:59 on September 2, 2019 PDT (the "Deadline") inclusive.

3.2 All Event entries must be received by the Promoter by no later than the Deadline to be eligible to win a prize. All Event entries received after the Deadline are automatically disqualified from winning a prize. For the avoidance of doubt, you will still be bound by these terms and conditions, the Promoter’s Terms of Use and the Promoter’s Privacy Policy even after such disqualification.

3.3 To enter the Event: Create an original character design and submit via the official submission form by the Deadline.

3.4 The Promoter will not accept:

(a) responsibility for Event entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or

(b) proof of posting or transmission as proof of receipt of entry to the Event.

3.5 By submitting an entry to the Event, you are agreeing to be bound by these terms and conditions, the Promoter’s (and/or its parent company’s) Terms of Service (https://gumi.sg/terms/) and the Promoter’s Privacy Policy, a copy of which can be found here: https://gumi.sg/privacy-policy/.

3.6 The Promoter shall choose the winners from all entrants who have submitted an entry prior to the Deadline and who have not otherwise been disqualified or excluded pursuant to these terms and conditions. Winners shall be chosen by the Promoter at its sole discretion.

4. Eligibility

4.1 The Event is open to residents of all countries (except residents of China and Japan) aged 13 years or over except:

(a) Residents of EU jurisdictions where local legislation requires parental consent to enter the Event and such parental consent has not been obtained;

(b) employees of the Promoter or its holding or subsidiary companies;

(c) employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the Event or its administration; or

(d) members of the immediate families or households of (c) and (d) above.

4.2 In entering the Event, you confirm that you are eligible to do so. The Promoter may require you to provide proof that you are eligible to enter the Event.

4.3 The Promoter will not accept Event entries that are:

(a) automatically generated by computer;

(b) completed by third parties or in bulk;

(c) illegible, altered, reconstructed, forged or tampered with;

(d) made using photocopies and not originals; or

(e) incomplete.

For the avoidance of doubt, you will still be bound by these terms and conditions, the Promoter’s Terms of Use and the Promoter’s Privacy Policy even if your Event entry is not accepted pursuant to this Section 4.3.

4.4 There is a limit of one entry per person for each category. Joint submissions are not allowed.

4.5 The Promoter reserves all rights to disqualify you from winning a prize if your conduct is contrary to the spirit or intention of the Event or your Event entry is not in compliance with these terms and conditions. For the avoidance of doubt, you will still be bound by these terms and conditions, the Promoter’s Terms of Use and the Promoter’s Privacy Policy even after such disqualification.

5. Prizes

5.1 The prizes for the event are the following:

(a) Each shortlisted entry will receive 3000x lapis, 5x rare summon ticket, 20x trust moogle (all) 5%, 10x king metal minituar (max level), 6x gil snapper tower. There will be a total of 40 shortlisted entries for the event.

(b) The owner of the entry with the highest vote during the voting period will receive one of the rewards below based on their winning entries. Any requests to replace it with other winning entries (applicable to unit and emblem) will not be granted.

(i) 4x unit copies of the winner’s entry (unit categories); or

(ii) 1x boss emblem based on the winner’s entry and 15000x lapis (boss monster category).

(c) There will be a total of 9 winners.

5.2 The Promoter reserves the right to substitute the prize with a prize of equal or greater value.

6. Winner announcement

6.1 The winner(s) of the Event will be announced on the official FINAL FANTASY BRAVE EXVIUS Channel(s) on or before November 16, 2019 PDT (“Announcement Date”).

6.2 The decision of the Promoter is final, and you may not request any correspondence and/or discussion with the Promoter in relation to the decision.

6.3 The Promoter will contact the winners through their in-game message box within twenty-one (21) days of the Announcement Date, using the Player ID or e-mail address provided with the Event entry.

7. Claiming the prize

7.1 Winners will receive their prizes through their in-game message box.

8. Limitation of liability/ RELEASE

By entering the Event, you release the Promoter, its partners and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the “Released Parties”) from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Event or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, 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, torts (including negligence,), warranty or other theory.

9. Ownership of Event entries and intellectual property rights

9.1 All Event entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.

9.2 By submitting your Event entry and any accompanying material, you agree:

(a) to assign to Square Enix Co. Ltd. all your intellectual property rights, with full title guarantee; and

(b) waive all moral rights,

in and to your Event entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled anywhere in the world.

9.3 You agree that the Promoter and/or Square Enix Co. Ltd. may, but is not required to, make your entry available on its websites and any other media, whether now known or invented in the future, and in connection with any publicity of the Event. You further agree that Square Enix. Co. Ltd. may, in its sole discretion, assign and/or license the copyright and other intellectual property rights in the Event entry and any accompanying materials to the Promoter and/or third parties. In the event that Section 9.2 is held unenforceable or invalid by any court of competent jurisdiction, you agree to grant Square Enix Co. Ltd. a perpetual, non-exclusive, worldwide, irrevocable, royalty-free licence, for the full period of any intellectual property rights in the Event entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format, sub-licence, make derivative works of or otherwise commercially and non-commercially exploit the Event entry and any accompanying materials for such purposes. You agree to take, at Square Enix Co. Ltd.’s expense, any further action reasonably requested by Square Enix Co. Ltd. to effect, perfect or confirm Square Enix Co. Ltd.’s rights as set forth in this section 9. You further agree that Square Enix Co. Ltd. may, in its sole discretion, grant to the Promoter and/or third parties a sub-license for any intellectual property rights in the Event entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format, sub-license, make derivative works of or otherwise commercially and non-commercially exploit the Event entry and any accompanying materials for such purposes.

9.4 You hereby warrant and represent that:

(a) you own all rights to the Event entry and any accompanying materials submitted by you; and

(b) the Event entry and any accompanying materials are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.

If the Promoter, Square Enix Co. Ltd. and their respective partners or affiliates, have any kind of legal claim or other lawsuit brought against it /them that is related to your Event entry or any accompanying materials, you agree to pay the reasonable legal fees and costs related to and arising from such legal claim or lawsuit brought against the Promoter, Square Enix Co. Ltd. and their respective partners or affiliates, including attorney’s fees, and any settlement or judgment amount that the Promoter, Square Enix Co. Ltd. and their respective partners or affiliates have to pay as a result.

10. COLLECTION OF INFORMATION, Data protection and publicity

10.1 If you are the winner of the Event, you agree that the Promoter may use your name, image and town or country of residence to announce the winner of the Event and for any other reasonable and related promotional purposes.

10.2 You further agree to participate in any reasonable publicity required by the Promoter.

10.3 By entering the Event, you agree that any personal information provided by you with the Event entry may be held and used only by the Promoter or its affiliates, agents and suppliers to administer the Event.

10.4 You will be provided with access to your personal data upon request. For details on how to request for access to your personal data, please refer to the Promoter’s Privacy Policy: https://gumi.sg/privacy-policy/

11. General

11.1 If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the Event. For the avoidance of doubt, you will still be bound by these terms and conditions, the Promoter’s Terms of Use and the Promoter’s Privacy Policy even after such exclusion.

11.2 The Promoter reserves the right to hold void, suspend, cancel, or amend the Event where it becomes necessary to do so.

11.3 These terms and conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Singapore. Each party agrees as a mandatory pre-condition to the commencement of litigation to first submit all disputes, controversies or differences arising under, out of, or in connection with these terms and conditions, including any question regarding the existence, validity or termination of these terms and conditions, to the Singapore International Mediation Centre for resolution by mediation in accordance with the Mediation Rules of the Singapore International Mediation Centre for the time being in force. Each party to the mediation must be represented by a senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. The mediation will take place in Singapore in the English language. Each party agrees to participate in the mediation in good faith and undertakes to abide by the terms of any settlement agreement reached. In the event that such disputes or differences arising under, out of, or in connection with these terms and conditions cannot be resolved or settled through mediation within twenty (20) days after the mediation has commenced before the appointed mediator(s), each party irrevocably agrees that the courts of the Republic of Singapore shall have exclusive jurisdiction to finally settle any dispute or claim arising out of or in connection with these terms and conditions.

© gumi Asia Pte. Ltd. 2019