1.                   The Promoter

The promoter is: Kepler Interactive Limited, 2 Leonard Circus, London EC2A 4DQ, United Kingdom (the “Promoter”).

2.                   How to enter

2.1               The competition will run from 03:00 PST on 21 February 2024 to 23:59 PST on 3 March 2024 (the “Closing Date”) inclusive.

2.2               All competition entries must be received by the Promoter by no later than 23:59 PST on the Closing Date. Entries received after this time will not be counted.

2.3               To enter the competition:

(a)           Enter via streaming by:

(i)              streaming Pacific Drive on Twitch with your game category set as “Pacific Drive” using the hashtag #PacificDriver in the title of your stream; and

(ii)            featuring in a winning clip.

(b)           Entrants via posting a clip by:

(i)              capture your best clip from any Twitch stream in the “Pacific Drive” category which uses the hashtag #PacificDriver in the title; and

(ii)            post the clip to TikTok or X using the hashtag #PacificDriver before the Closing Date.

2.4               To submit an entry using;

(a)           Twitch, entrants must have a valid Twitch account. To sign up for a free account, visit https://www.twitch.tv/, and follow the prompts.  Your entry is subject to and must comply with the Twitch Terms of Service available at https://www.twitch.tv/.

(b)           X, entrants must have a valid X account. To sign up for a free account, visit http://twitter.com, and follow the prompts.  Your entry is subject to and must comply with the X Terms of Service and X Rules available at http://twitter.com.

(c)            TikTok, entrants must have a valid TikTok account. To sign up for a free account, visit www.tiktok.com, and follow the prompts.  Your entry is subject to and must comply with the TikTok Terms of Service available at www.tiktok.com.

(each of Twitch, X and TikTok shall be referred to as a “Platform”).

2.5               The competition is free to enter and no purchase is necessary.

2.6               The Promoter accepts no responsibility for entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.

2.7               By submitting a competition entry, you are agreeing to be bound by these terms and conditions.

3.                   Eligibility

3.1               The competition is only open to all residents of the European Economic Area, the UK, the USA, Canada, Australia and New Zealand aged 18 years or over, except:

(a)           residents of the province of Quebec, Croatia, Czech Republic, Denmark, Italy, Luxembourg, Portugal, Romania and Sweden;

(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 competition or its administration; or

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

3.2               In entering the competition, you confirm that you are eligible to do so and eligible to claim the prize. The Promoter may require you to provide proof that you are eligible to enter the competition.

3.3               The Promoter will not accept competition entries that are:

(a)           automatically generated by computer;

(b)           completed by third parties or in bulk; or

(c)            illegible, have been altered, reconstructed, forged or tampered with.

3.4               Entries on behalf of another person will not be accepted and joint submissions are not allowed.   

3.5               The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize competition. 

3.6               Competition entries cannot be returned.

4.                   The prize

4.1               The prize is;

(a)           For the Twitch streamer featured in the winning clip:

(i)              First Place: a non-playable in-game bobblehead based on an artistic depiction of the winning entrant (a “Bobblehead”) and a recording of the winning entrant’s voice to be played on the in-game radio (“Radio VO”)

(ii)            Second Place: Radio VO and a Mirror Ornament in-game item

(iii)           Third Place: Radio VO and a Mirror Ornament in-game item

(iv)           Fourth Place: Radio VO

(v)            Fifth Place: Radio VO

(b)           For the entrant who posts the best clip:

(i)              First Place: 3 x Pacific Drive digital game key (“Game Key”) and 3 x Customization Pack key (“DLC Key”) for Steam (PC).  

(ii)            Second Place: 2 x Game Keys and  2 x DLC keys for Steam (PC)

(iii)           Third Place: 2 x Game Keys and  2 x DLC keys for Steam (PC)

(iv)           Fourth Place: 1 x Game Key and  1 x DLC key for Steam (PC)

(v)            Fifth Place: 1 x Game Key and  1 x DLC key for Steam (PC)

4.2               The total value of the prize is:

(a)           Bobblehead: no monetary value

(b)           Radio VO: no monetary value

(c)            Mirror Ornament: no monetary value

(d)           Game Key: $29.99

(e)           DLC Key: $6.99

4.3               The Promoter reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Promoter's control makes it necessary to do so.

4.4               The prize is not negotiable.

4.5               Any taxes that may be payable in connection with the prize are solely the responsibility of the winner.

5.                   Winners

5.1               Ten winners will be selected by a panel of judges drawn from the Pacific Drive development and publishing team and one independent member. The judges will select each winner from all entries meeting the competition requirements, based on inspiration, creativity and uniqueness. The decision of the panel of judges (acting reasonably) will be final.

5.2               The Promoter will send the full names of the judges to anyone who requests in writing within one month after the Closing Date of the competition requesting details of the judges and who encloses a self-addressed envelope to the address set out in condition 1. 

5.3               The winning entrants will be contacted via the Platform they post their entry to within 60 days following the Closing Date. If the winning entrant is deemed by the Promoter to be ineligible, the winning entrant will be disqualified, and a new winning entrant will be selected from the valid entries that were received before the Closing Date.

5.4               The decision of the Promoter is final and no correspondence or discussion will be entered into.  

6.                   Claiming the prize

6.1               If you are the winner of the prize, you will have 7 days from being notified by the Promoter to verify your eligibility and claim the prize If you do not claim the prize by this date, your claim will become invalid. 

6.2               The Promoter will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, or has not claimed their prize within 7 days of being notified by the Promoter, the judges shall select a new winner from the valid entries that were received before the Closing Date. 

6.3               The Promoter does not accept any responsibility if you are not able to take up the prize. 

6.4               The Promoter will announce the winner’s username in a post on the official Pacific Drive social channels including X, Steam and Discord following confirmation of their eligibility. 

6.5               By submitting a competition entry, you acknowledge that in certain circumstances the Promoter is required to provide details of the winner’s identity to regulatory authorities and other third parties on request, and consent to such disclosure. 

7.                   Limitation of liability

Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of participating in this competition or taking up the prize except where it is caused by the negligence, fraud or fraudulent misrepresentation of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.

8.                   Ownership of competition entries and intellectual property rights 

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

8.2               By submitting your competition entry and any accompanying material, you agree to: 

(a)           assign to the Promoter all your intellectual property rights with full title guarantee; and 

(b)           waive all moral rights in and to your competition entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.

8.3               By submitting your competition entry and any accompanying material, you represent and warrant that: (a) your entry is all your own original work and that you have obtained all the required rights, consents, permissions and clearances necessary to publish the entry; (b) no content, materials or information used in your entry infringe the intellectual property or other rights of any third party; (c) you have not entered into any agreements with third parties that could impair the Promoter’s right to use your entry; (d) any persons whose image is used in your submission has given their consent for such use and has waived any rights they may have in that image as incorporated into your Submission; and (e) you will provide to the Promoter, at the Promoter’s request, written confirmation that you have obtained all required rights, consents, permissions and clearances referenced in this sub-section. 

8.4               You agree to indemnify, defend, and hold harmless the Promoter and any third parties affiliated or associated with the development of this competition, from any and all claims, damages and liabilities asserted against the Promoter or any such third parties which arise as a result of any breach of the representations and warranties set out in condition 8.3. 

9.                   Data protection and publicity

The Promoter will only process your personal information as set out in its privacy policy (available at: https://www.kepler-interactive.com). See also conditions 6.4 and 6.5, with regard to the announcement of winners.

10.               General

10.1           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 competition.

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

10.3           These terms and conditions shall be governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

10.4           This competition is in no way sponsored, endorsed or administered by, or associated with the Platforms. Entrants are providing their information to the Promoter and not to the Platforms. The information provided by entrants for purposes of this competition will only be used for the administration of this competition and in accordance with the Promoter’s privacy policy. The Platforms are released of all liability by each participant in this competition. Any questions, comments or complaints regarding the competition must be directed to the Promoter.