POKÉMON MASTERS EX
REFER-A-PAL PROGRAM RETURNS OFFICIAL RULES
(“Official Rules”)

NO PURCHASE NECESSARY TO ENTER. A PURCHASE OR PAYMENT WILL NOT IMPACT AN PARTICIPANT’S OPPORTUNITY TO WIN.VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

The Pokémon Masters EX Refer-a-Pal Program (“Promotion”) is sponsored by DeNA Co., Ltd., located at Shibuya Scramble Square, 2-24-12 Shibuya Shibuya-ku, Tokyo 150-6140, Japan (“Sponsor”).

1. PROMOTION PERIOD AND BRIEF OVERVIEW: The Promotion begins on June 6, 2023, at 10:00 AM Pacific Time (“PT”), and will remain available until July 12, 2024 at 11:59 PM (“PT”) or until such time as the Sponsor, in their sole discretion, chooses to terminate the Promotion. (“Promotion Period”). During the Promotion Period, an eligible participant can enter the Promotion by following the instructions listed on the Pokémon Masters EX Refer-A-Pal Program Returns Entry Form.

2. ELIGIBILITY: This Promotion is open to individual users of Pokémon Masters EX application (“Pokémon Masters EX”) throughout the Promotion Period who are at the time of participation (“Participant”) must: (1) be at least 18 years old, or the age of majority in your country, state, province, or jurisdiction of residence (and at least twenty (20) years old in Taiwan) at the time of submission; (2) not be a resident of a country where Pokémon Masters EX has not been officially released as of the commencement of the Promotion or a resident any of the following jurisdictions; the Balkans, Belarus, Brazil, Burma, China, Crimea, Italy, Japan, Pakistan, Russia, Spain, or Turkey; (3) not be a person or entity under U.S. export controls or sanctions; and (4) have access to the Internet as of the commencement of the Promotion. Void where prohibited or restricted by law. All federal, state and local laws apply. Void where prohibited or restricted by law. By participating in this Promotion, an individual who enters or participates in the Promotion agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters pertaining to the Promotion. These Official Rules form a binding legal agreement between Participants and Sponsor with respect to the Promotion.
　a. Eligible participants are divided into two categories, both with their own requirements to be considered eligible.

　・A Referring User must have a valid, active Pokémon Masters EX account which was created a minimum of one month prior to their entry form submission. They must have reached Player Rank (“PR”) 30 or higher.

　・A New User must have a valid, active Pokémon Masters EX account which was created within 7 days of the entry form submission date and time. They must also reach a PR of 10 or higher at the time submissions are reviewed (at or around the 15th day of the following month). Finally, they must complete Chapter 3 of the Main Story (PML Arc). The final stage necessary to complete is titled “Kindling Friendship.”

3. HOW TO ENTER: During the Promotion Period, (a) both Referring User and New User must submit a completed entry form (“Submission”) through the Pokémon Masters EX Refer-a-Pal Program Returns Official Entry Form found here (https://www.surveymonkey.com/r/CQMN7BJ); and (b) both Referring User and New User must have valid Pokémon Masters EX game accounts as described in “Section 2: Eligibility”. All Submissions must follow the Submission Guidelines and Restrictions, as stated in Section 4 of these Official Rules. By entering the Promotion, Participant hereby agrees to terms and conditions set forth in these Official Rules.

Entry Limit: A Referring User may submit a total of 8 completed entry forms, each with a unique New User. New Users may only submit one entry form, and the “Referring User” listed in their form must match the information provided in the Referring User’s form.

Any Participant attempting to use multiple identities to enter additional Submissions, such as by creating multiple identities or email addresses or any other similar methods, may be disqualified at Sponsor’s sole discretion.

4. SUBMISSION GUIDELINES AND RESTRICTIONS:

Each Submission:

By submitting a Submission, each Participant agrees that his or her Submission contains accurate information, and at its sole and absolute discretion, the Sponsor disqualify the Participant from the Promotion if Sponsor decides that his or her Submission fails to conform to the =requirements or any other provision of these Official Rules.

Any Submission that does not comply with these Official Rules or that otherwise contains prohibited or inappropriate content as determined by Sponsor, in its sole and absolute discretion, will be disqualified from receiving any reward.

5. REWARD APPROXIMATE RETAIL VALUE (“ARV”):
New User will receive 3,000 gems (ARV US$20)

Referring User will receive 3,000 free gems for the first New User referred, and 1,000 free gems (ARV $6.67) for each subsequent New User referred.

Please note that a Referring User may refer up to eight (8) unique New Users during the Promotion Period for a maximum of 10,000 free gems. At the Sponsor’s sole discretion, this limitation may be adjusted or removed in the future–allowing Participants to refer more users in the future to receive additional rewards.

New Users may only be referred once, thus receiving 3,000 free gems.

TOTAL ARV: $20 to $67 USD per eligible Participant

Prize Conditions: Prize is non-transferable, non-assignable and no substitution, exchange or cash equivalent will be allowed, except by Sponsor at Sponsor’s sole discretion. Prize may not be redeemed for cash, nor may they be transferred or offered for sale or auction, and can be substituted only, at Sponsor’s sole discretion, with prize of equal or greater value. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason. Any portion of the prize not accepted by a winner will be forfeited, and the Sponsor and Promotion Entities shall not be responsible for any inability of winner to accept or use any portion of a prize for any reason.

Winners are subject to the express requirement that they submit to Sponsor all documentation requested by Sponsor to permit it to comply with all applicable federal, state, provincial, local and foreign tax reporting and withholding requirements. All prizes will be net of any taxes Sponsor is required by law to withhold. All taxes imposed on prizes are the sole responsibility of the winners, regardless of whether taxes have been so withheld. In order to receive a prize, potential winners may be required to submit the tax documentation requested by Sponsor or otherwise required by applicable law, to Sponsor or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winners are responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. All applicable federal, state, provincial, local and foreign taxes, and all other fees, costs, expenses and charges not specifically identified in these Official Rules as a prize element, are the sole responsibility of the prize winner. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Sponsor may, in its sole discretion, select an alternative potential winner.

6. HOW TO CLAIM A PRIZE: On or about August 15, 2024, entry forms will be reviewed, and rewards will be delivered to eligible Participants some time later. Users who provide inaccurate information or whose accounts fail to meet the criteria listed above in “Section 2: Eligibility” will not receive any rewards. If a user believes they have submitted incorrect information, they are welcome to submit an additional form, but no rewards can be guaranteed at this time.

7. DATES & DEADLINES/ANTICIPATED NUMBER OF PARTICIPANTS: Because of the unique nature and scope of the Promotion, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Promotion. Sponsor cannot accurately predict the number of Participants who will participate in the Promotion.

8. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each participant agrees to sign the same upon Sponsor’s request therefor.

9. LIMITATION OF LIABILITY: By participating in this Promotion, Participants agree that the Sponsor, Promotion Entities, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage, or electronic transmission due or undeliverable email 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, service provider/Internet/page/usenet accessibility, 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 information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, 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 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 a prize. The Released Parties shall not be responsible or liable for entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of 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 Sponsor’s sole discretion, be disqualified.

If, for any reason, a Submission is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as a Submission in the Promotion, the Participant’s sole remedy is to enter the Promotion again to upload another Submission. If, for any reason, the Promotion is not capable of running as planned, Sponsor 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 prize winner in a manner it deems fair and reasonable, including the selection of prize winners from among eligible entries received prior to such cancellation, termination, modification or suspension.

By entering the Promotion, each Participant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the Participant’s entries, participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Promotion materials; (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Promotion; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof); (i) any technical malfunctions or unavailability of any network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, Internet service provider, or mail service utilized by any of the Released Parties or by an Participant; (j) interruption of or inability to access the Promotion, or any other Promotion-related website(s) or any online service via the Internet due to hardware or software compatibility problems; (k) any damage to Participant’s (or any third person’s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion; (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions; (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries; (n) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties; (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (p) the negligence or willful misconduct by Participant.

Without limiting the foregoing, everything regarding this Promotion, including the prize components, 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. 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.

10. DISPUTES: EXCEPT WHERE PROHIBITED BY LAW, THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, USA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES COUNTY, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN 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”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LOS ANGELES COUNTY. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, 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. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

11. PRIVACY POLICY: Any personally identifiable information collected during a Participant’s participation in the Promotion will be collected and used by Sponsor or designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules, and as otherwise applicable in accordance with Sponsor’s Privacy Policy, as stated here.

12. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. If it is discovered or suspected, at Sponsor’s sole discretion, that a Participant has registered, entered or attempted to enter more than one Submission per Participant, using multiple email addresses, identities, proxy servers or like methods, all of that Participant’s entries may be declared null and void, and that Participant may be ineligible to win a prize. In the event of a dispute as to the identity of prize winners, the winning entry will be declared made by the authorized account holder of the email address used to register for the Promotion. An “authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right to disqualify any individual found, in Sponsor’s sole discretion, 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 may 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 SPONSOR 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. All entries and/or materials submitted become the property of Sponsor 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 Promotion promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.