Games

1

RELEASE AND PRIZE ACCEPTANCE AGREEMENT
Please complete and return this Release and Prize Acceptance Agreement (“Release”) no later than
seventy two (72) hours from the time of notification by The Upper Deck Company, a Nevada corporation
(registered in California as The Upper Deck Company, a Nevada corporation) (“Upper Deck”). By
signing this release you will be waiving the rights described herein.
Please legibly print your personal information.
Name: ______________________________________________
Address: ______________________________________________
City: ______________________________________________
State: ______________________________________________
Zip Code: ______________________________________________
Telephone #: _____________________________________________
Birthday: ______________________________________________
I am submitting this Release to Upper Deck in connection with the Gen Con 2017 (“Promotion”) and my
eligibility to receive the free physical trading card games publicly released for sale by Upper Deck from
October 1st, 2017 through September 30th2018 (one (1) year) (see email on this description) (“Prize”).
As a condition to my eligibility to receive the Prize, I acknowledge and agree to the Promotion and certify
that the contents of this Release are accurate. I understand I am solely responsible for any and all taxes on
the Prize, as well as any and all expenses and other consideration I receive relative to my participation in
the Promotion. I agree and hereby consent that Upper Deck may, without notice to or consent by me, use
my above information in connection with the Promotion.
If your reside in the following locations, you are not eligible to participate in this Promotion: Alaska,
Hawaii and all off-shore United States territories and possessions including American Samoa, Guam, the
Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
I hereby release, discharge, and agree to forever hold harmless Upper Deck, its affiliates, subsidiaries,
parent companies, and their respective owners, officers, directors, employees, agents, legal
representatives, successors, assigns, and any and all persons functioning under Upper Deck’s permission
or authority, or those for whom Upper Deck is functioning, from any and all liability, damages, losses,
costs, claims, actions, disbursements, and costs, including attorney’s fees, from any third party claims
regarding or related to the Promotion, my participation in the Promotion, my information above, and any
Prize or other consideration I receive regarding or related to the Promotion.
I agree to indemnify, defend, and hold harmless Upper Deck, its officers, directors, employees, managers,
agents, subsidiaries, affiliates, and related entities from any and all losses, damages, liabilities, claims,
actions, disbursements, and costs and attorneys’ fees arising out of or connected with breach of any of my
representations, warranties, covenants, or obligations herein, the Promotion, my participation in the
Promotion, my use, transfer, sale and assignment of the Prize, and any Prize or other consideration I
receive or expense I incur regarding or related to the Promotion. In the event of such defense, I will not
enter into any settlements or make any admissions on Upper Deck’s behalf without Upper Deck’s prior
written consent.
I also understand and agree that all rights under section 1542 of the California Civil Code, or any similar
federal or state law, are hereby expressly waived. Section 1542 reads as follows:

SECTION 1542- A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
I understand the importance, meaning and legal effect of this entire Release and my waiver of rights under
California Civil Code Section 1542 and any other applicable provisions of law. The foregoing waiver
further includes without limitation an express waiver, to the full extent permitted by law, by me, of any
and all rights under any law of any state or territory of the United States, or principle of common law,
which is similar, comparable or equivalent to California Civil Code Section 1542.
I represent and warrant that I am at least eighteen (18) years of age. I have full legal authority and
capacity to execute this Release for myself, and I have not assigned, sold or otherwise transferred my
interest in and to the Prize or any of the claims or rights arising out of or relating to the Prize or
Promotion. I understand and acknowledge that I may not assign this Prize without Upper Deck’s prior
written consent.
I acknowledge that pursuant to this Release and the activities contemplated herein, I may be in receipt of
Upper Deck’s Confidential Information, as defined herein. “Confidential Information” includes, but is not
limited to, (a) this Release and its terms, together with any schedule, exhibit, or other attachment and the
contents hereof and thereof; (b) any proprietary and/or non-public information regarding or related to
Upper Deck, its affiliates, subsidiaries, and their respective owners, officers, directors, employees, and
agents; and (c) any other information which is received in confidence from or on behalf of Upper Deck. I
agree not to reveal any Confidential Information to any third party (excluding employees, agents,
attorneys, accountants, and others to whom I have a legal obligation to disclose) and I will at all times
exercise reasonable precautions to ensure that neither I nor any of the foregoing persons allow the
Confidential Information to become public knowledge.
Any legal proceedings against Upper Deck regarding or related to this Release, the Prize, or the
Promotion must be commenced by me or on my behalf within two (2) years after the dispatch of the email
notifying me of the Prize.
IN NO EVENT SHALL UPPER DECK BE LIABLE FOR ANY INCIDENTAL, INDIRECT,
EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND,
INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE CAUSE OF
ACTION UPON WHICH ANY SUCH CLAIM IS BASED AND REGARDLESS OF THE FAILURE
OF ANY LIMITED WARRANTY AVAILABLE, ARISING OUT OF OR RELATING IN ANY WAY
TO THIS RELEASE, THE PRIZE, THE PROMOTION, OR MY PARTICIPATION IN THE
PROMOTION. UPPER DECK’S LIABILITY PURSUANT TO THIS RELEASE IS LIMITED TO AND
SHALL NOT EXCEED THE ARV.
This Release will be construed and governed in accordance with the laws of California except for its
conflict of law principles. Any action brought to resolve a dispute arising from the interpretation or
construction of or to enforce this Agreement shall be resolved by one arbitrator through binding
arbitration administered by a retired judge on the Judicate West panel in San Diego, California.
In the event either Upper Deck is unable to commence or complete the performance the Promotion or
issue the Prize due to circumstances beyond its control, including, but not limited to, by reason of "acts of
God", fires, strikes, labor disputes, accidents, embargoes, riots, floods, earthquakes, wars or governmental
actions, Upper Deck will be entitled to suspend the Promotion and/or issuance of the Prize for a period
equal to the period during which Upper Deck is unable to commence or complete the Promotion or issue
the Prize.
Upper Deck neither makes nor authorizes the making of any warranty in regard to the PRIZE. UPPER
DECK DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE
PRIZE. UPPER DECK SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND 3

FITNESS FOR A PARTICULAR PURPOSE FOR THE PRIZE. NO WARRANTIES ARISE FROM
IMPLICATION OR BY REASON OF CUSTOM OR USAGE IN TRADE OR BY COURSE OF
DEALING.
If any provision of this Release is for any reason held to be invalid, unenforceable, contrary to any public
policy, law, and/or ordinance, such provision shall be severable from the remainder of this Release, the
remainder of this Release shall not be affected thereby and shall remain valid and fully enforceable.
No term or provision of this Release will be considered waived by Upper Deck, and no breach excused by
Upper Deck, unless such waiver or consent is in writing signed by Upper Deck.
Neither this Release nor any provision thereof shall be deemed prepared or drafted by or on behalf of
Upper Deck or me, and shall not be construed more strongly against me or Upper Deck.
I hereby give Upper Deck and its agents and assignees, full permission and authority to use, publish and
display my name, voice and photograph or other likeness for advertising or other related purposes without
compensation or approval.
Signed: _____________________________________________
Name: _____________________________________________
Date: _____________________________________________