THAT ESCALATED QUICKLY GIVEAWAY  SWEEPSTAKES! 

OFFICIAL RULES

  1. NO ENTRY FEE. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE THE ODDS OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  RESIDENTS OF NEW YORK AND FLORIDA ARE NOT ELIGIBLE TO ENTER OR WIN THIS SWEEPSTAKES.
  2. GENERAL INFORMATION: THAT ESCALATED QUICKLY GIVEAWAY Sweepstakes! (“Sweepstakes”) begins Monday, January 29th 2024, at 12:00 AM PST and ends on Friday, February 2nd  2024, at 11:59 PM PST  (the “Sweepstakes Period”).  
  3. SPONSOR: The Sweepstakes is sponsored by Exploding Kittens Inc. (“Sponsor”).  Sponsor will conduct the Sweepstakes substantially as described in these Official Rules.  All copyrights and trademarks are the property of their respective owners.
  4. ELIGIBILITY: The Sweepstakes is open only to natural persons who are (i) at least 18 years of age or older (at the time of entry), and (ii) a legal resident of the 50 United States or the District of Columbia, excluding residents of New York and Florida.  Employees of the Sponsor and their respective parent companies; affiliates; subsidiaries; advertising, promotion, fulfillment or other coordinating agencies; individuals providing services to the Sponsor through an outsourcer or temporary employment agency during the Sweepstakes Period; and their respective immediate family members and persons living in their same household are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. By participating in the Sweepstakes, entrants agree fully and unconditionally to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Eligibility to win a prize is contingent upon complying with and fulfilling all requirements set forth herein.
  5. HOW TO ENTER: During the Sweepstakes Period, and follow social post instructions: 1) Follow @gameofkittens on Instagram 2) Tag a friend on Instagram who would enjoy these games 3) Share this post on your story and tag @gameofkittens 4) Check your DMs to see if you’ve won

Once submitted, an entry cannot be deleted, modified, or canceled. The only methods of entry are those set forth in these Official Rules.  No other method of entry will be accepted.  The Sponsor is not responsible for lost, misplaced, illegible, mutilated, incomplete, incorrect or undelivered entries, and such entries will be deemed invalid.  Entries become the property of the Sponsor and will not be returned. LIMIT OF ONE (1) ENTRY PER PERSON. Attempts made by the same individual to submit multiple entries by using multiple accounts or otherwise may be disqualified. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. The Sponsor’s designated server’s clock will be the official timekeeper for the Sweepstakes. For the avoidance of doubt, Sponsor may not provide entrants with confirmation of Sweepstakes entry. As a condition of entering the Sweepstakes, each entrant gives consent for the Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering the Sweepstakes and complying with applicable laws, regulations and rules. 

  1. DRAWING AND NOTIFICATION: Prize winners will be selected in a random drawing from among all eligible entries received.  The drawing will be conducted, and winners will be notified, on or about February 5th, 2024.  Odds of winning a prize depend on the number of eligible entries received. Sponsor will make up to two (2) attempts over a weeklong period following each winner’s selection to contact the potential winner via instagram.  If the potential winner cannot be reached during the weeklong period in which he/she is contacted such potential winner will be disqualified and an alternate winner will be selected from among the remaining applicable eligible entries received, if time permits (at Sponsor’s sole discretion).  The return of a potential winner’s notification, prize information, or the prize as undeliverable or rejection of the prize by the potential winner will result in disqualification of the potential winner and an alternate potential winner may be selected. The Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winners, if any.  In the event of a dispute about the identity of an entrant, each entry will be declared made by the authorized account holder provided at entry.  The authorized account holder is defined as the natural person who is assigned to an email address by an Internet Service Provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.  With respect to each winning entry, the winner may be required to provide proof that the winner is the authorized account holder of the email address associated with the winning entry and is otherwise eligible to enter the sweepstakes.
  2. PRIZES: 

Five winners (5 games) will receive That Escalated Quickly shipped to them directly, with an approximate retail value of $19.99.  Winners are not obligated to participate in the redemption, and Sponsor shall have no responsibility or obligation to any winner or potential winner who is unable or unwilling to accept the prize as specified herein.  Alternate winners will not be chosen in the event some potential winners do not redeem their prize. 

No transfer, or cash or other substitution of prizes allowed except that the Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize or prize component of comparable or greater value.  Prizes may be subject to change.  Prizes consist of only those items specifically listed as part of the prize.  There is no cash redemption value for any component of the prize.  The Sponsor will not replace any lost or stolen prizes once in winner’s possession.  

  1. PRIZE CONDITIONS: Except where prohibited by law, a potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release, and a Tax Acceptance Form (“Affidavit/Release”).  Such documents must be signed and returned by the date and/or time indicated within such documents. If the documents are not signed and returned within that time, or if an entrant is found to be ineligible, or if an entrant does not comply with these Official Rules, each as determined by the Sponsor in the Sponsor’s sole discretion, then the potential winner will be disqualified and an alternate potential winner will be selected.  Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and redemption to redeem said prize and any liability which might arise from redeeming or seeking to redeem said prize.  Sponsor is not responsible for fraudulent calls or emails made to entrants not by the Sponsor. All entries are subject to verification prior to awarding of prizes.  Eligibility, age, and claims made by prize winners also are subject to verification prior to awarding of prizes. 
  2. TAXES: All federal, state, provincial, and local taxes and other tax liabilities (including income taxes), if any, and other incidental costs or expenses not identified in these rules are the sole responsibilities of the winners. Each winner may be required to provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Entrants winning over $600 in prizes will receive an IRS form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
  3. RELEASE: By participating in the Sweepstakes, entrants agree to release, indemnify, defend and hold Sponsor, and respective parents, affiliates, subsidiaries, directors, officers, employees, and agents, including advertising and promotion agencies, and assigns, and any other organizations/entities related to the Sweepstakes (collectively, “Releasees”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Sweepstakes or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause the Sweepstakes to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of any prize, or acceptance, possession, or use of any prize, or from participation in the Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes.
  4. LIMITATION OF LIABILITY: The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties. Prizes are awarded “as is, where is,” without warranty of any kind, express or implied, including without limitation any warranty of merchantability or suitability for a particular purpose.  Except where prohibited, by participating in the Sweepstakes and submitting an entry, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the prize awarded, determination of a winner, or any other matter relating to the Sweepstakes that cannot be resolved between such entrant and any Releasees shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees.. Notwithstanding anything to the contrary herein, in no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Sponsor’s property or production, the Sweepstakes, any website, content, advertising or other materials used, displayed or issued in connection with the Sweepstakes, or any submission or entry, and such entrant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. IN NO EVENT WILL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE PROMOTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL ENTRANTS.
  5. PUBLICITY RELEASE: Except where prohibited, an entrant’s participation in the Sweepstakes constitutes consent to the perpetual, worldwide, royalty-free use of his/her name, photo, and/or likeness, biographical information, entry, and statements attributed to him/her by any Releasee for advertising and promotional purposes, including without limitation, inclusion on Sponsor’s platform, in its e-mail blasts and any other media chosen by the Sponsor without compensation or additional compensation.
  6. GENERAL CONDITIONS: By participating in the Sweepstakes, each entrant acknowledges that he/she has read these Official Rules and agrees to be bound by them and by the decisions of the Sponsor, which are final and binding on all matters pertaining to the Sweepstakes. Non-compliance with these Official Rules may result in disqualification and all associated entries will be void. All entries, as applicable, become property of the Sponsor and none will be acknowledged or returned. Sponsor reserves the right, in its sole discretion and without liability to the entrant, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes is compromised. The Sponsor reserves the right to disqualify any entrant or winner, as determined by the Sponsor, in its sole discretion and without liability to the entrant or winner. The Sweepstakes is subject to these Official Rules and all applicable federal, state, provincial, and local laws and regulations. The Sweepstakes is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Sweepstakes, including the rights and obligations of the entrant and the Sponsor in connection with the Sweepstakes, or the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Any legal actions, suits or proceedings related to the Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Los Angeles County, California, and each entrant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Sweepstakes.  The Sponsor may substitute prizes of equivalent value, amend the rules, or discontinue the Sweepstakes at any time for any reason. The Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes.
  7. PRIVACY AND PERSONAL INFORMATION: Sponsor may collect personal data about entrants online and use such data in accordance with Sponsor’s privacy policies at https://www.explodingkittens.com/pages/privacy-policy (“Privacy Policies”) and as set forth in these Official Rules. Please review these Official Rules and the Privacy Policies carefully. By participating in the Sweepstakes, entrants hereby agree to such collection and use of their personal information by Sponsor, either collectively or individually, and acknowledge that they have read and accepted these Official Rules and the Privacy Policies.  
  8. FORCE MAJEURE:  Without limiting any other provision in these Official Rules, in the event that any of the Sweepstakes’activities or the Releasees’ operations or activities are affected, as determined by the Sponsor, in their sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis, 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 law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, the Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes, and no Releasees shall be responsible or liable to any entrant or prize winner or any person claiming through such entrant or prize winner for failure to supply the prize or any part thereof. The Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. 
  9. MISCELLANEOUS:  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. Sponsor’s failure to (or decision not to) enforce any provision in these Official Rules shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and these Official Rules, these Official Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

WINNERS LIST:  For the name of the official prize winner(s) (available after the date of the random drawing) or a copy of these Official Rules, send a self-addressed, stamped  envelope to “THEQ Giveaway Sweepstakes – Winner’s List <OR> Official Rules” (please specify which) to Exploding Kittens Inc, 7162 Beverly Blvd, Los Angeles, CA 90036 USA.  Vermont residents may omit return postage for Official Rules requests. Official Rules are also available during the Sweepstakes Period on Sponsor’s website.



EXPLODING KITTENS
MINIMUM ADVERTISED PRICE (“MAP”) POLICY

This Minimum Advertised Price Policy (hereafter “MAP Policy”) is unilaterally imposed and enforced by Exploding Kittens, Inc., 101 South La Brea Avenue, Building A, Los Angeles, CA 90036, U.S.A. (hereafter “EK”) in its sole and absolute discretion upon any customer purchasing product from EK for ultimate sale to end-users of said products (hereafter “Reseller”).


Advertised pricing practices or other conduct inconsistent with this MAP Policy may result in, among other actions, unavailability of specific product for purchase, lower prioritization for product allotments, and/or ineligibility for any other pricing or purchasing benefit extended to Reseller by EK for any of the products in its active product catalog (“EK Product”).


1.0 Definitions
The following terms used in this MAP Policy are defined as follows:


End-User: An individual customer located in the United States of America or its territories who purchases product from a Reseller and for which that product is, to the best of Reseller’s knowledge, intended for that customer’s consumption and not for further resale.


MAP: The minimum advertised price for each applicable EK Product, regardless of the condition of the product. EK communicates the MAP for each individual EK Product on its website and by various other communications.


MAP Amnesty Period: A period of time, as determined solely by EK, in which Resellers are not required to adhere to MAP, in whole or in part, for certain EK Products.


MSRP: Manufacturer’s suggested retail price. EK communicates the MSRP for each individual EK Product on its websites, catalogs, and by various other communications to its Resellers, as defined below.


2.0 Minimum Advertised Price
Reseller will not advertise the price of an EK Product to be below an EK Product’s MAP. Reseller will not represent the MSRP of an EK Product to be anything other than the MSRP communicated by EK for that given EK Product. Notwithstanding the foregoing, Reseller acknowledges that EK may run price promotions through its owned and operated channels from time to time featuring prices below those in this MAP Policy.

i) The MAP of EK Products applies only to the advertised price and does not apply to actual point-of-sale checkout price, which is at the sole discretion of the Reseller.

ii) Advertised prices include prices in respect to EK Products published by or on behalf of Reseller and disseminated by means of promotional methods in any and all media, including but not limited to flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, television, radio, and public signage (including signage at End-User and trade conventions), as well as internet
sites, social media sites, apps, video blogs, blogs, or any other electronic media. This includes any price visible on the internet prior to EK Product being placed in a customer’s virtual shopping cart or similar feature including but not limited to prices visible via auction sites, electronic bulletin boards, browsers, portals, pop-ups, tweets, posts, and other methods of publication, even if through links or another website. Reseller may not include statements such as and similar to, “click here for best price,” or “click here for business pricing” or “click here to see pricing”, or use automated bounceback pricing emails, forms and automatic price display for EK Products prior to such products being placed in a customer’s virtual shopping cart or similar feature. Any online “business price” must adhere to MAP.

iii) EK will consider Reseller’s actual advertised price to be the price at which an EK Product is offered by or on behalf of Reseller to an End-User (potential or actual) after applying all discounts, rebates, allowances, coupons, and similar price reductions advertised by or on behalf of Reseller in connection with the EK Product, excluding certain taxes and shipment charges paid by the customer.

iv) Except for EK approved bundles, Reseller must not bundle, package, or otherwise advertise, with or without a discount, any:
a) EK Products for sale together;
b) EK Product and non-EK Products together; or
c) Multiple EK Products, or multiple EK Products and non-EK Products at an advertised total price lower than the aggregated MAP for each EK Product included in the bundle.

v) EK may, at its sole discretion, on EK websites, provide a list of EK Products that are exempt in whole or in part from the provisions of this MAP Policy through a MAP Amnesty Program within a specific time period. Traditionally, EK announces MAP Amnesty Programs during the following periods: 1 week in Summer and 3 weeks during the Q4 holidays (including the Black Friday / Cyber Week / pre-New Year period) and may add additional periods at its sole discretion.

vi) This MAP Policy does not apply to labels or stickers displaying the actual pricing to End Users when adhered onto physical EK Product to be sold in-person by Reseller to End Users. Reseller may not publish or otherwise disseminate scans, photographs, or other visual reproductions of such physical labels or stickers.

vii) This MAP Policy does not apply to in-store signage that is displayed only in the store and is not distributed to actual or potential customers.

viii) This MAP Policy does not apply to actual prices of EK Product communicated by Reseller directly to an individual End-User in person, by telephone or by individual email response.

ix) It is not the intent or purpose of this MAP Policy to restrict, coerce, force, or reach agreement with a Reseller to charge a particular price for any EK Product.


You can find a list of our active products with the MSRP, and MAP noted here.