OVERVIEW: During the Promotion Period (defined herein), eligible Google Play users may enter this promotion (this “Promotion”) and pre-register to download and install SpongeBob Adventures: In a Jam! (the “Game”) on their mobile Android™ device(s). Pre-registered users will be eligible to receive certain in-game rewards (“Rewards”), which Rewards will be made available for use upon worldwide launch of the Game on Google Play. Available Rewards will vary subject to the achievement of global pre-registration milestones, which will be determined based on, among others, the total aggregate number of the Game’s pre-registrations existing as of the date of worldwide launch.

 

By participating, each person (“Participant” or “Participants” or “you”) agrees to these Promotion Terms and the decisions of Sponsor (defined herein), which are final and binding in all matters related to this Promotion.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER. YOU WILL NOT BE ELIGIBLE TO ENTER THIS PROMOTION AND RECEIVE ANY REWARDS IF YOU ARE A RESIDENT IN ONE OF THE PROHIBITED COUNTRIES SET FORTH IN SECTION 3 (AS DETERMINED BASED ON YOUR GOOGLE PLAY ACCOUNT REGISTRATION). BY PRE-REGISTERING, YOU AGREE TO BE BOUND BY THESE PROMOTION TERMS AND YOU SHOULD READ THESE PROMOTION TERMS CAREFULLY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPONSOR RESERVES ALL RIGHT TO MODIFY THE PROMOTION PERIOD,REWARDS, PRE-REGISTRATION MILESTONES, REWARDS DELIVERY DATE(S) AND REDEMPTION METHOD(S) IN ITS SOLE DISCRETION AND AT ANY TIME.

PART A: TERMS APPLICABLE TO ALL PARTICIPANTS

1. SPONSOR: The sponsor of this Promotion (the “Sponsor”) is Tilting Point Media LLC, 521 Fifth Ave FL21, New York, NY 10175

2. PROMOTION TERM AND DEADLINES: The promotion period begins on May 24, 2023 at approximately 12:00 p.m. (Pacific Time) and will expire on August 22, 2023 (a “Promotion Period”), provided that Sponsor shall have sole discretion to extend or otherwise modify the Promotion Period at any time.

3. ELIGIBILITY: Rewards are offered globally to residents (as determined based on the Participant’s Google Play account registration) of all territories in which the Game is published by Tilting Point Media LLC, provided, residents of the following territories are prohibited from entering this Promotion and shall be ineligible to receive Rewards: Canada, Australia, Ukraine, Philippines, Thailand and New Zealand, China, Cuba, the so-called Donetsk and Luhansk

 

People’s Republics, Iran, North Korea, Russia, Sudan, Syria, and any other country or territory prohibited under applicable laws or in which the Game is not distributed or otherwise made available to install by Tilting Point Media LLC,
Participants (as defined herein), may only participate in the Promotion so long as their participation does not violate applicable local laws and/or the federal, state, and local laws of the United States, including any such laws applicable to jurisdictions outside the United States. Participants are responsible for ensuring that their participation in the Promotion complies with all laws of the jurisdiction(s) in which they are a resident, and Participants must take all steps necessary to ensure such compliance. Notwithstanding anything to the contrary contained herein, Sponsor shall have the right in its sole and absolute discretion to determinethe eligibility of any and all Participants. Participants acknowledge and agree that their eligibility status as determined by Sponsor may change at any time and such determination shall be final.

To be eligible to enter the Promotion you must also be 18 years of age (or the age of majority in your territory) or older at the time of entry. Notwithstanding anything to the contrary contained herein, the Promotion is void where prohibited or restricted by law.

4. HOW TO PRE-REGISTER: Google Play users will be eligible to participate in this Promotion by following these
steps:

(a)Navigate to the SpongeBob Adventures: in a Jam! Mobile app page on Google Play using the Google Play app, or on web while logged
in to your Google Play account.
(b) Select “Pre-register”.
(c) Select “OK”.
(d) Maintain pre-registration through the date of the worldwide
launch of the Game.

 

5. REWARDS:

 

Limit of one (1) unit for each Reward per Google Play account, as applicable. Rewards are virtual goods to be used for fun during SpongeBob Adventures: In A Jam! gameplay. Rewards do not change a user’s performance in the game, have no cash redemption value, are non-transferable, and cannot be traded or exchanged in any manner.
For convenience purposes only, each Reward will be delivered directly into eligible Participants’ accounts. The use of Rewards are subject to all terms and conditions set forth in the then-existing Software License and Service Agreement
available at https://www.tiltingpoint.com/privacy-policy/. Participants are solely responsible for remittance to the relevant taxing authorities any taxes owed in connection with the award of any Reward.

 

License and pre-registration rewards:
(a) 1,000,000 pre-registrations – 10x Gems
(b) 5,000,000 pre-registrations – 150x Energy
(c) 10,000,000 pre-registrations – 300x Energy, 1 Exploding Pie
(d) 20,000,000 pre-registrations – 400x Energy, 25x Gems, 2 Exploding Pies

ALL REWARDS ARE SUBJECT TO CHANGE IN SPONSOR’S SOLE DISCRETION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE AVAILABILITY OF ANY REWARD IS EXPRESSLY SUBJECT TO AND CONDITIONED UPON THE WORLDWIDE LAUNCH AND DISTRIBUTION OF THE GAME ON GOOGLE PLAY, THE DATES OF WHICH SHALL BE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.

6. NOTIFICATION AND VERIFICATION OF REWARDS: Upon Sponsor’s (or Sponsor’s designee’s) determination of eligible Participants, the following will occur: Sponsor will provide notice to pre-registered Participants of the available Rewards and redemption methods. Participants must download and install the Game within the first month of global launch and follow Sponsor’s redemption methods to receive the Rewards. Non-compliance with these Promotion Terms may result in disqualification and/or forfeiture of the Rewards, in each case at Sponsor’s sole discretion.

7. PRIVACY: By participating in the Promotion, Participants hereby acknowledge that Tilting Point Media LLC, may collect and use their personal information in compliance with applicable laws and regulations and its Privacy Policy accessible at https://www.tiltingpoint.com/privacy-policy/.

Participants confirm that they have acknowledged and agreed to the privacy policy.
Participants’ personal information may be transferred to the United States of America for the purpose of this Promotion. Participants can exercise their data subject rights granted under the applicable privacy law and can request such action as detailed in the Sponsor’s Privacy Policy.

8. SPONSOR RIGHTS: Sponsor reserves the right at any time, in its absolute discretion, to:

(a) verify the eligibility of any Participant (including his or her age and place of residence);

(b) disqualify any Participant found to be abusing or tampering with the operation of the Promotion or entering using fraudulent means, or who Sponsor believes to have acted in breach of these Promotion Terms; and

(c) Sponsor reserves the right to extend, withdraw, alter or suspend the Promotion or these Promotion Terms at any time if circumstances beyond its control (which could not be reasonably foreseeable at the time of this Promotion and which could not be avoided by appropriate means) make this unavoidable.

9. CONTACT: If you have any questions regarding the Promotion, please contact Tilting Point customer support at SpongeBob-Adventures@tiltingpoint.com.

10. CONDITIONS OF PARTICIPATION: Participants agree that the Sponsor, its parents, affiliated companies and subsidiary companies, and its and their respective advertising,

 

promotion, or production agencies, prize providers, web masters and web suppliers, vendors, suppliers and production/distribution partners, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Promotion Entities”), and Google LLC (“Google”) will have no liability whatsoever for, and shall be held harmless against any liability for any injuries, losses or damages of any kind to persons, including death, or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Rewards, or participation in this Promotion or any Promotion-related activity, or for any printing, production, typographical, human or other error in the printing, offering or announcement of any Reward.

11. LIMITATIONS ON LIABILITY: Promotion Entities and Google are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-delivered, misdirected, garbled, or stolen entries;
or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer online systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors or problems of any kind, whether typographical, printing, human, technical, mechanical, electronic, network or otherwise, including, without limitation, or any errors or problems which may occur in connection with the administration of the Promotion; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Promotion or its related websites, as solely determined by Sponsor, will be disqualified (and all associated entries will be void), and Sponsor reserves the right to terminate such Participant’s eligibility to participate in this or any other promotion offered by Sponsor. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified. Promotion Entities and Google are not responsible for injury or damage to Participants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from a Promotion-related website. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend or terminate the Promotion.

Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses that is associated with the Tilting Point account.

12. IN NO EVENT WILL THE PROMOTION ENTITIES OR GOOGLE BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF ANY WEBSITE OR
DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE ASSOCIATED WITH THIS PROMOTION. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE PROMOTION SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

13. ARBITRATION: Any dispute whatsoever relating to the Promotion which is not resolved within the thirty (30) day period commencing upon Sponsor’s
receipt of written notice by Participant, shall be settled by binding and final arbitration before a single arbitrator and under the application of the laws
of the State of New York. The demand for arbitration shall be made within a reasonable time after a claim, dispute, breach or other matter in question
has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the claim, dispute or breach. The arbitration shall be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”). Arbitration shall be by a single arbitrator experienced in the matters at issue selected pursuant to the AAA Rules. The arbitration shall be held in such place in the New York County, New York, as may be specified by the arbitrator (or such other place upon which the parties and the arbitrator may agree), and shall be conducted pursuant to the AAA Rules (regardless of any choice of law provision in this Agreement) to the extent not otherwise inconsistent with this Agreement. The parties shall not be entitled to discovery other than the exchange of relevant documents and one deposition not to exceed eight hours, except as otherwise allowed by the arbitrator or the AAA rules. However, the parties shall also be entitled to depose any expert that will be presented to testify at the arbitration hearing. The decision of the arbitrator shall be final and binding as to any matters submitted to arbitration and shall be in lieu of any other action or proceeding of any nature whatsoever; and, if necessary, any judgment upon the arbitrator’s decision may be entered in any court of record having jurisdiction over the subject matter or over the party against whom the judgment is being enforced. The arbitrator shall issue a reasoned opinion to support its final award, and shall have no power to issue any ruling that either is not consistent with, or is contrary to, New York law. The arbitrator also shall have no power to award exemplary, special or punitive damages, and shall further have no power to award incidental or consequential damages or damages for lost profits. The reasonable attorneys’ fees and costs of the prevailing party or parties (as determined by the arbitrator) shall be reimbursed by the other party or parties.

 
Except as required by law, the parties agree to keep confidential the existence and details of any dispute subject to this provision, including the results of arbitration. The foregoing shall not be deemed to prohibit a party from disclosing relevant information to its legal, financial and other advisors in connection with any such dispute as long as such advisors agree to maintain the confidentiality thereof pursuant to this provision.

14. CHOICE OF LAW: Except where prohibited, each Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any reward shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will Participant be permitted to obtain attorneys’ fees or other legal costs; (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, «Special Damages»); and (4) Participant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. The laws of the State of New York, without reference to choice of law rules, governs this Promotion and all aspects related thereto.

 

© 2023 Tilting Point Media LLC © 2023 Viacom International Inc. Google Play is a trademark of Google LLC, All other trademarks and trade names are the property of their respective owners. All rights reserved.