1. Definitions
For purposes of these Terms:
- "Giveaway" means the Serafim Giveaway promoted at the Xsolla booth during TwitchCon San Diego and administered in accordance with these Terms.
- Giveaway Events means the three (3) in-person distribution events during TwitchCon San Diego at which Prizes will be handed out on a first-come, first-served basis: (a) JoeyKatoky’s Meet and Greet (35 controllers); (b) Creator Tools & Streamer Set-up Panel (35 controllers); and (c) VIP lunch (20 controllers).
- "Participant" (or "Entrant") means any eligible individual who submits an entry into the Giveaway in accordance with Section 4.
- "Influencer" means a third-party content creator who may appear at the Xsolla booth for promotional activities, including a meet-and-greet, but who is not an agent of Xsolla or Serafim.
- "Prize" means one (1) Serafim gaming controller awarded to each eligible Winner (as defined below), subject to substitution or availability as outlined in Section 6.
- "Winner" means a Participant who is physically present at a Giveaway Event and receives a Prize on a first-come, first-served basis, while supplies last, subject to eligibility verification under these Terms. One Prize per person.
- "Personal Data" means the information collected from Entrants in connection with this Giveaway that identifies, relates to, describes, or could reasonably be linked, directly or indirectly, with a particular individual. For purposes of this Giveaway, this includes only the Entrant’s full name, email address, and shipping address, unless additional information is expressly requested and provided. This term is intended to encompass the definitions under both the General Data Protection Regulation (GDPR) and applicable U.S. state privacy laws, including the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA).
- "Joint Controllers" means that Serafim and Xsolla jointly determine the purposes and means of processing Participants’ Personal Data in accordance with Article 26 of the GDPR.
- "Xsolla account" means a free account created by a Participant through Xsolla’s official landing page, which is required to enter the Giveaway.
2. Organizer and Facilitator
The Giveaway is sponsored and fulfilled solely by Serafim Technology Co., Ltd. ("Serafim"), which is responsible for procuring Prizes, verifying winners for fulfillment purposes, and managing all shipping, delivery, and related customer support.
Xsolla (USA), Inc. ("Xsolla") is not a sponsor of the Giveaway and does not provide or ship any Prizes. Xsolla’s role is strictly limited to facilitation services, including:
- Hosting and managing the official Giveaway landing page and entry system;
- Administering Participant entries through its backend; and
- Coordinating Influencer engagement and promotional activities at the Xsolla booth during TwitchCon San Diego.
Influencers who promote or appear in connection with the Giveaway (including, without limitation, JoeyKatoky) act independently and are not agents, employees, or representatives of either Serafim or Xsolla. Any promotional content they publish must comply with applicable laws and disclosure obligations (including the U.S. Federal Trade Commission’s Endorsement Guidelines and, where applicable, the EU Digital Services Act).
For the avoidance of doubt, Xsolla assumes no responsibility for Prize fulfillment, shipping, or post-delivery support. All such responsibilities rest exclusively with Serafim as the sole sponsor of the Giveaway.
For the avoidance of doubt, Xsolla’s involvement in facilitating Influencer engagement does not extend to compensating Influencers or managing their compliance with disclosure obligations, which remain the sole responsibility of the Influencer under their separate agreement with Xsolla.
3. Eligibility
The Giveaway is open only to natural persons who, at the time of entry:
- Are legal residents of the United States or the European Economic Area (EEA); and
- Are at least eighteen (18) years of age, or the age of majority in their jurisdiction of residence, whichever is greater.
Employees, officers, directors, contractors, and agents of Serafim, Xsolla, or their respective affiliates, subsidiaries, advertising or promotion agencies, and immediate family members (spouse, parent, child, sibling, or household member) are not eligible to enter or win.
Void where prohibited by law. It is the sole responsibility of each Entrant to ensure that participation in the Giveaway is lawful in their jurisdiction. Entries from jurisdictions where the Giveaway is restricted or prohibited will be disqualified.
Xsolla and Serafim reserve the right to verify eligibility and to disqualify any Entrant who provides false, misleading, or incomplete information, or who otherwise violates these Terms.
4. How to Enter
To participate, Entrants must attend one of the Giveaway Events during TwitchCon San Diego and complete the entry process through the official Xsolla-hosted landing page or on-site flow. Each Participant must: (1) register for a free Xsolla account (no purchase required); and (2) provide accurate full name and email address. A shipping address will be requested only if a Prize must be mailed rather than handed out on-site. Limit one (1) entry and one (1) Prize per person. Automated or fraudulent entries are void.
No purchase or payment is necessary to enter or win. Creating an Xsolla account is free of charge and does not require subscription to or use of the Xsolla account.
Limit one (1) entry per person. Multiple entries by the same individual, whether through multiple accounts, email addresses, devices, or other methods, are prohibited and may result in disqualification. Automated or fraudulent entries will be void.
By submitting an entry, Entrants represent and warrant that all information provided is true, accurate, and complete to the best of their knowledge. Xsolla and Serafim reserve the right to disqualify any entry determined to be incomplete, inaccurate, fraudulent, or otherwise in violation of these Terms.
5. Giveaway Period
Entries open at 10:00 AM Pacific Time on October 17, 2025 and close at 4:00 PM Pacific Time on October 19, 2025. Prizes will be awarded exclusively in-person at the Giveaway Events on a first-come, first-served basis, while supplies last, and are not subject to separate email notification or random drawings. Event times and locations will be posted by Xsolla at the booth and/or on the official landing page. Xsolla’s clock is the official timekeeping device. Xsolla may adjust or cancel a Giveaway Event due to factors beyond its reasonable control, provided no Participant’s valid entry is unfairly disadvantaged.
Xsolla reserves the right to adjust or cancel the Giveaway Period in the event of technical difficulties, booth access restrictions, or other circumstances beyond its reasonable control, provided that no Participant’s valid entry is unfairly disadvantaged.
6. Prizes and Fulfillment
A total of ninety-two (92) Serafim S3 gaming controllers are allocated to this activation. Of these, ninety (90) controllers will be awarded as Prizes and two (2) controllers will be reserved solely as booth demo units (not available as Prizes).
Prize Distribution (first-come, first-served; on-site handoff; one (1) controller per person):
- JoeyKatoky’s Meet and Greet — 35 controllers
- Creator Tools & Streamer Set-up Panel — 35 controllers
- VIP lunch — 20 controllers
Handoff and Shipping. Prizes are handed to Winners immediately on-site while supplies last. If a Prize cannot be provided on-site due to stock or logistics, Serafim will ship the Prize after Xsolla securely provides the Winner’s shipping information.
Prize Conditions. Prizes are awarded "as is," with no warranty, express or implied, beyond any standard manufacturer warranty; are non-transferable, non-exchangeable, and not redeemable for cash; and may be substituted by Serafim with a prize of equal or greater value if circumstances beyond its control make the original prize unavailable. Any applicable taxes, customs duties, or fees are the sole responsibility of the Winner.
Forfeiture (shipments only). If a Prize must be shipped, the Winner must provide a valid shipping address within seven (7) days of request; failure to do so may result in forfeiture. There is no separate email notification or claim period for on-site handoffs.
Delivery Disclaimer. Neither Serafim nor Xsolla guarantees delivery by a specific date, and delivery times may vary depending on logistics, customs clearance, or other factors outside their reasonable control. To the extent caused by circumstances beyond their reasonable control, Serafim and Xsolla are not responsible for Prizes that are lost, stolen, delayed, misdelivered, damaged in transit, or otherwise not received.
7. Winner Selection and Notification
Winner Determination. Prizes are awarded to the first eligible attendees physically present at each Giveaway Event who complete the on-site claiming process, one (1) controller per person, while supplies last. There is no random drawing and no separate email notification for in-person distribution (except for any shipment-related address request as noted below).
Odds/Availability. Availability depends on attendance and timing at the respective Giveaway Event; being present does not guarantee receiving a Prize. Xsolla staff may implement reasonable queue-management measures (e.g., wristbands, tokens, cut-off lines) to ensure safety and fairness.
Verification. All Winners are subject to eligibility verification and compliance with these Terms before any Prize is awarded. Xsolla staff may require reasonable proof of identity and age and may require completion of the entry process described in §4 at the time of claim. For any Prize that must be shipped, Winners must provide a valid shipping address within seven (7) days of request pursuant to §6 (Forfeiture). Decisions of Serafim and Xsolla regarding eligibility, verification, and distribution are final and binding.
Influencer Disclaimer. Xsolla is not responsible for the attendance, availability, performance, or conduct of any Influencer participating in the Giveaway or meet-and-greet event. In the event an Influencer cancels, reschedules, or modifies their participation, Serafim and Xsolla shall not be liable for any resulting changes to promotional activities, Prize distribution, or Participant experience.
8. Publicity Rights
By entering the Giveaway, Entrants acknowledge and agree that, if selected as a Winner, Serafim and Xsolla may use the Entrant’s name, likeness, image, voice, biographical information, and statements related to the Giveaway (collectively, "Publicity Materials") solely in connection with the administration and promotion of the Giveaway and related marketing activities. Such use may occur in any media now known or hereafter developed, worldwide, and for the duration reasonably necessary to fulfill these purposes, without additional compensation, notification, or permission, unless prohibited by law.
These publicity rights do not transfer ownership of any intellectual property created by the Entrant. Entrants retain all rights to any original content they submit, subject to the non-exclusive license granted herein.
Where required by law (e.g., under the GDPR), publicity consent may be withdrawn at any time by contacting xpnbd@xsolla.com, provided that withdrawal will not affect the lawfulness of any use made prior to withdrawal. Participation in the Giveaway does not require consent to publicity as a condition of entry. Where applicable law requires a separate release, Winners may be asked to sign a release form before receiving a Prize. If a Winner refuses to grant publicity rights or withdraws consent where legally permitted, Serafim and Xsolla may, in their sole discretion, select an alternate Winner.
Entrants further acknowledge that Influencers promoting the Giveaway may independently generate promotional content related to the Giveaway or meet-and-greet event. Such Influencer content is the sole responsibility of the Influencer and is subject to their own disclosure obligations under applicable law. Serafim and Xsolla disclaim responsibility for any Influencer-created content beyond ensuring compliance with applicable advertising regulations, including the U.S. Federal Trade Commission Endorsement Guides and, where applicable, the EU Digital Services Act.
Participation in the Giveaway does not require consent to publicity as a condition of entry. Where required by applicable law (e.g., under the GDPR), publicity consent may be requested separately and may be withdrawn at any time as described herein; withdrawal does not affect the lawfulness of prior use.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Entrants acknowledge and agree that participation in the Giveaway is at their own risk. Neither Serafim nor Xsolla, nor their respective parents, subsidiaries, affiliates, officers, directors, employees, or agents, shall be liable for any claims, losses, damages, or expenses (whether direct, indirect, incidental, consequential, or punitive) arising out of or relating to:
- Participation in the Giveaway or inability to participate;
- The selection, notification, verification, or disqualification of Entrants or Winners;
- The condition, quality, receipt, possession, use, or misuse of any Prize;
- Delays, losses, or failures in Prize fulfillment, shipping, or delivery (which remain solely Serafim’s responsibility);
- Unauthorized access to, or alteration of, Participant information;
- Technical malfunctions of any kind, including but not limited to failures of hardware, software, network, or internet connections;
- Human error or unauthorized human intervention in any part of the entry process, Winner selection, or administration of the Giveaway; or
- Events of force majeure, including but not limited to acts of God, natural disasters, strikes, epidemics, or government restrictions.
In no event shall Xsolla’s or Serafim’s aggregate liability arising out of or relating to the Giveaway exceed the actual out-of-pocket costs incurred by an Entrant in entering the Giveaway, if any.
Nothing in these Terms shall exclude or limit liability for death or personal injury caused by gross negligence, fraud, or willful misconduct, or for any other liability that cannot be excluded or limited under applicable law. This limitation of liability applies regardless of the theory of liability, whether in contract, tort, or otherwise.
10. Disqualification
Serafim and Xsolla reserve the right, in their sole discretion, to disqualify any Entrant or Winner at any time if:
- The Entrant fails to comply with these Terms or applicable laws and regulations;
- The Entrant provides false, misleading, incomplete, or fraudulent information at any stage of the Giveaway;
- Multiple entries are submitted by or on behalf of the same individual, including through the use of multiple accounts, email addresses, devices, automated programs, bots, macros, or other technical means;
- The Entrant engages in tampering, hacking, cheating, collusion, or other conduct intended to interfere with or undermine the fairness, integrity, or proper administration of the Giveaway;
- The Entrant attempts to circumvent eligibility restrictions, including age, residency, or employment limitations;
- The Entrant threatens, harasses, or abuses Xsolla staff, Serafim staff, Influencers, or other Participants; or
- The Entrant otherwise acts in a manner that could reasonably damage the reputation, goodwill, or business interests of Serafim, Xsolla, or the Giveaway.
Disqualification may result in forfeiture of any Prize already awarded, and Serafim and Xsolla reserve the right to select an alternate Winner or to withhold Prize distribution entirely in such cases.
Decisions regarding disqualification are final and binding and shall not be subject to challenge or appeal, except as required by applicable law. Disqualification decisions may be made even after notification of winning, if a violation is later discovered.
11. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles that would require the application of the laws of another jurisdiction.
Any dispute, claim, or controversy arising out of or relating to the Giveaway or these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted before a single neutral arbitrator in Los Angeles County, California, unless otherwise required by law. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
To the fullest extent permitted by law:
- All claims must be brought by Entrants in their individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding; and
- Entrants expressly waive any right to a jury trial in connection with any dispute arising out of or relating to the Giveaway or these Terms.
Xsolla and Serafim shall bear administrative and arbitrator fees to the extent required under AAA Consumer Arbitration Rules.
Notwithstanding the foregoing, Entrants may bring individual qualifying claims in small claims court in their county of residence or in Los Angeles County, California, instead of arbitration.
Nothing in this Section shall limit or exclude any rights an Entrant may have under mandatory consumer protection laws in their country of residence, including (for Entrants in the European Economic Area) the right to bring claims in their local jurisdiction under applicable EU law.
12. Contact
All questions, inquiries, or communications regarding the Giveaway must be directed to Xsolla (USA), Inc. at:
Email: xpnbd@xsolla.com
Communications submitted through any other channel (including social media, Influencer accounts, or event staff) will not be considered official and may not receive a response.
Entrants are solely responsible for ensuring that their inquiries are properly submitted to the designated contact email address. While Xsolla will make reasonable efforts to respond to legitimate inquiries within a commercially reasonable time, it assumes no obligation to provide a response within a specified period and disclaims liability for any failure to receive or respond to communications due to spam filters, technical issues, or circumstances beyond its control.
Serafim remains the sole sponsor and Prize fulfillment provider. Questions regarding Prize shipping, delivery, or post-delivery support should be directed to Serafim through the contact information it provides to Winners at the time of Prize distribution.
13. Data Protection and Privacy Notice
By entering the Giveaway, Entrants acknowledge that certain Personal Data will be collected and processed to administer the Giveaway, verify eligibility, and award Prizes. The Personal Data collected includes, at minimum, each Entrant’s full name and email address. A shipping address will be collected only if a Prize must be mailed rather than handed out on-site.
Joint Controllers: Serafim and Xsolla act as joint controllers under Article 26 of the General Data Protection Regulation ("GDPR") with respect to the collection and use of Personal Data in connection with the Giveaway. Xsolla is responsible for collecting and securing Entrant data through its account creation and landing page system, and Serafim is responsible for using such data exclusively for Prize fulfillment and related support. Entrants may exercise their data protection rights against either party, and the parties will cooperate in good faith to ensure proper handling of such requests.
Legal Basis for Processing: Personal Data is processed under one or more of the following legal bases:
- Contractual necessity, to administer the Giveaway and fulfill Prizes;
- Consent, where required under applicable law (e.g., for publicity rights or certain marketing communications); and
- Legitimate interests, including fraud prevention, platform security, and record-keeping.
Data Transfers and Safeguards: Personal Data may be transferred outside the Entrant’s country of residence, including to the United States, for the purposes described in these Terms. Where such transfers occur, Serafim and Xsolla will ensure that appropriate safeguards are in place as required by applicable law (including, where relevant, the use of Standard Contractual Clauses under the GDPR).
Data Retention: Personal Data will be retained only as long as necessary to administer the Giveaway, verify eligibility, and fulfill any shipped Prizes, and thereafter will be securely deleted or anonymized, and in no event retained longer than twelve (12) months after conclusion of Prize fulfillment, unless required by law.
Entrant Rights: Entrants may have rights under applicable privacy laws, including the right to request access to, correction of, or deletion of their Personal Data; the right to restrict or object to processing; and the right to data portability. Entrants located in the European Economic Area also have the right to lodge a complaint with their local data protection authority. Entrants located in U.S. states with consumer privacy laws (including California, Colorado, Connecticut, Utah, and Virginia) may have additional rights, including the right to opt out of certain data sharing or targeted advertising practices.
Exclusions: Xsolla does not sell Entrant Personal Data within the meaning of applicable U.S. state privacy laws, and does not use Entrant Personal Data for unrelated marketing purposes without express consent.
Contact for Privacy Matters: Entrants may exercise their privacy rights or submit questions about data protection by contacting:
- Xsolla: data.protection@xsolla.com
- Serafim: sales@serafim-tech.com
Personal Data will not be used for direct marketing purposes without the Entrant’s express consent. Personal Data will be retained only as long as necessary to administer the Giveaway, and in no event longer than 12 months after conclusion of Prize fulfillment, unless required by law.
14. Influencer Disclosures and Promotional Content
The Giveaway may be promoted in connection with one or more Influencer appearances, including an Influencer meet-and-greet hosted at the Xsolla booth during TwitchCon San Diego. Influencers are engaged and coordinated by Xsolla for promotional purposes but act
as independent contractors and are not agents, employees, or representatives of either Xsolla or Serafim. Influencer communications relating to JoeyKatoky’s Meet and Greet must include clear and conspicuous disclosures (e.g., "#ad" or "sponsored by Serafim"), consistent with the U.S. FTC Endorsement Guides and, where applicable, the EU Digital Services Act.
Influencers are solely responsible for the accuracy and content of their promotional communications and must comply with all applicable advertising, marketing, and disclosure laws and regulations, including but not limited to the U.S. Federal Trade Commission (FTC) Endorsement Guides and, where applicable, the EU Digital Services Act (DSA). All Influencer communications must include clear and conspicuous disclosures of their promotional relationship (e.g., "#ad" or "sponsored by Serafim").
Neither Serafim nor Xsolla is responsible for:
- The accuracy, completeness, or legality of Influencer-generated content;
- Any failure by an Influencer to comply with applicable disclosure requirements; or
- Any commitments or representations made by Influencers that are inconsistent with these Terms.
The Giveaway does not involve any affiliate links, revenue sharing, or commission-based compensation to Influencers. Any controllers distributed to Influencers for promotional purposes are provided solely as non-cash review units and do not create any purchase or resale rights.
Influencer promotional content does not constitute a representation, warranty, or guarantee by Serafim or Xsolla.