AGE OF CONAN PROMOTION
OFFICIAL RULES
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. MULTIPLE DEADLINES APPLY.
- Contest starts on July 10, 2009 and ends July 24, 2009. ("Contest Period")
1. Promotion Description: THE AGE OF CONAN AND XFIRE VIDEO CAPTURE CONTEST PROMOTION (THE "PROMOTION") CONSISTS OF TWO (2) SKILL-BASED CONTESTS AND IS OPEN TO QUALIFIED AND ELIGIBLE LEGAL RESIDENTS OF THE COUNTRY IN WHICH THEY RESIDE, ALL AS DESCRIBED IN THESE OFFICIAL RULES.
The Official Rules have certain
variations necessary to conform to the laws and regulations that apply to you,
the users, referred to as "You" or "Entrant", depending on where you
live, and you should review the Official Rules carefully as they constitute an
agreement between
you and us in connection with this Promotion.
2. Sponsors: The Sponsors of this Promotion are FUNCOM, Inc.("FUNCOM"), with its head office located in Durham, NC 27709 and Xfire, Inc. ("Xfire"), a subsidiary of Viacom International Inc., a Delaware corporation, with its head office at 200 Middlefield Rd., Suite 200, Menlo Park, CA 94025, and shall be jointly referred to in these Official Rules as the "Sponsors", "we", "us" or "our".
1. Eligibility: You must be a legal resident of the country in which you reside to enter or participate in the Promotion or to be awarded or win any prize. You must also be at least 13 years of age or older at the time of your entry. By entering this contest you confirm that you have read, understand and agree to all of the terms and conditions in these Official Rules, including the fact that such agreement constitutes acceptance of and agreement to comply with and be bound by these Official Rules on behalf of yourself. If you are not yet the age of majority in your state of residence ("Minor") your parent or legal guardian must comply with the aforementioned confirmation.
All entries must be made by registered Xfire users, using a registered Xfire user name. There is no charge to become an Xfire user and there is no obligation to purchase anything when you do. You can sign up, register and create your Xfire user name by following the instructions available at http://www.xfire.com. Neither directors, officers, principals, partners or any employees of the Sponsors, nor any of their respective parent, subsidiary or affiliated companies, nor any of their respective agents, representatives, promotional partners, prize suppliers, professional advisors, advertising or promotional agencies, members of their immediate families (i.e., parents, children, siblings and spouse, regardless of where they reside) or individuals residing in the same household as any of these people, are eligible to enter, participate or win any prizes. All of the foregoing individuals and entities will be referred to in these Official Rules as "Sponsors Entities."
If, for any reason, you are not eligible, you do not meet all of these requirements or you (or if applicable, your parent or legal guardian) do not agree to these Official Rules then you are ineligible to enter or participate and you are not eligible to win. Should you enter or attempt to enter the Promotion, we may disqualify you immediately at any time.
All applicable country, federal, state, provincial and local laws and regulations apply and this Promotion is void where prohibited or restricted by any law or regulation. In the event of any dispute or ambiguity as to who has entered or the identity of any entrant, unless the Sponsors disqualify the entry (which we have the right to do in our sole discretion) entries will be deemed to have been submitted by the owner of the email account from which the email was sent.
2. Entry Period:
(a) Contest Entry Period: Contest #1 commences on 12:00:00 AM Pacific Time in the United States ("PT") July 10th, 2009, and ends at 11:59:59 PM PT on July 24th, 2009 (the "Contest Entry Period").
All entries must be received by the Sponsors, as recorded and shown by the Sponsors’ computer systems, on or before the end of the applicable Entry Periods to be eligible to enter, participate or win a prize.
3. How to Enter: To enter each Contest, go to http://www.xfire.com/cms/xf_conan_video, a website owned and operated by Xfire (the "Website"), and follow the instructions to submit your entry for the Promotion, which includes creating a Video (as defined below) atagging it accordingly during the Entry Periods. You must submit a digital "Video" that utilizes content and material ("Scenes") recorded from the gameplay of any PC game supported by the Xfire client (each, "Video"). The Sponsors hereby permit you and grant you a limited, non-exclusive, non-transferable revocable right and license to use these Scenes during the Entry Periods, in connection with your entry into the Promotion. The Scenes are and shall remain the property of the Sponsors or their respective licensors, suppliers, promotional partners and/or any other persons, firms or entities that hold and own the rights to these (including, without limitation, the intellectual or industrial property rights) and we reserve all rights not specifically granted to entrants under these Official Rules. You may not use any of the licensed Scenes for any commercial or other purposes, other than for submission of your Video as an entry into the Promotion or for your own personal use.
Entrants may submit multiple Videos, but are restricted to one prize per contest and for each Video entrants must input the appropriate category keyword tag (a "Tag") so that each Video will be placed in the appropriate category. The Sponsors will not accept as an entry and will disqualify any Video that has had their Tag edited before or after the Entry Periods and Voting Periods (as defined below), have been released publicly prior to the start of the Promotion or that in any way violates these Official Rules.
Tagging your Video: In order for your Video to be considered for voting, your Video must be Tagged. You will find the opportunity to Tag your entry under the "Search Details" box during the uploading process. Your Video must include the appropriate tag of "conanpvp", "conandeath" or "conanfun". For example, a Video that is submitted to Category #1 must carry the "conanpvp" Tag to be eligible. A Video that is submitted to Category #2 must carry the "conandeath" Tag to be eligible. A Video that is submitted to Category #3 must carry the "conanfun" Tag to be eligible. Other Tags to describe the Video or to identify the game are allowed provided the Tag also includes the "conanpvp" category Tag for the Category #1, "conandeath" category Tag for the Category #2 and "conanfun" category Tag for the Category #3. If the required category Tag is edited or renamed in any way before or after the "Contest Entry Period", the Video will be considered ineligible.
Submitting your Video: You may submit your Video on the Internet by following the instructions at: http://www.xfire.com/about_video/. This process will provide you with an URL to the Video being entered. Each Video submission must be submitted through the Xfire Video Capture system. For all Video submissions, the file size shall not exceed the specified length of 3 minutes. Each Video submission must feature the original and unedited actual gameplay. A title screen or a credits roll is allowed, provided the length of the Video does not exceed the specified length of 3 minutes.
Videos shall not contain content or material of any kind that violates or is inconsistent with these Official Rules or infringes the rights of any other party, including, any content that contains (or appears to contain), in the Sponsor’s sole opinion and judgment:
· explicitly profane or obscene material;
- endorsement (or condoning) of illegal drug use, alcohol abuse or other illegal activity;
- nudity, profanity or extreme or gratuitous violence;
· any editing or modification of the original raw gameplay footage;
- any express or implied commercial endorsement;
- any derogatory characterization of any person or group based on age, race, color, gender identity or expression, sexual orientation, religious beliefs, marital status, mental or physical disability, citizenship, creed, national origin, physical appearance, political affiliation, union membership, veteran status or other ethical or unlawful factors;
- any violation of these Official Rules or Xfire's Terms and Conditions that apply to Xfire registered users posted at http://www.xfire.com/terms_and_conditions;
- any unauthorized use of copyrighted or proprietary material, including, without limitation, unauthorized use of any trademark, logo or any individual’s name, photograph, voice or likeness; or
- depictions of any conduct, language or other context deemed inappropriate by the Sponsors or any of the judges selected by the Sponsor.
Entries consist of the Video and all of the submitted information and any other information and materials you submit to Sponsors in connection with the Promotion (collectively, the "Entry Material(s)").
4. Selecting the Winners: During the "Contest Entry Period" the top two (2) Videos in each category will be selected as winners based on the number of "Cool" votes that have been awarded to the Video (the "Category Winner(s)").
5. Winner Verification: The Winners of the winning Videos responsible will be notified by email within approximately fourteen (14) days after their selection. To be declared the Winner at the level designated by the votes, and to be awarded and claim the applicable prize, potential prize Winners must follow the instructions contained in their notification which describes how they must comply with these Official Rules, including the completion of the necessary affidavits and release forms or in the discretion of the Sponsors, declarations. In order to be declared a Winner, be awarded and receive a prize, individuals selected as potential prize winners must execute and return to the Sponsors, within the time period required, an affidavit (or a declaration) of eligibility and a liability and promotional/publicity release (except to the extent prohibited or otherwise restricted by law) before they can officially be declared a winner, be awarded and receive their prize. If we are unable to contact and/or notify any potential prize winner within five (5) days after we start attempting to do so or if any prize is returned as undeliverable or is not claimed within fifteen (15) days after notification of being a potential winner, that prize will be forfeited and awarded to an alternate potential winner determined in accordance with these Official Rules.
6. Contest Prizes: There will be a total of seven (7) prizes awarded: one (1) grand prize (the "Grand Prize") and six (6) category prizes (the "Category Prize(s)" and, together with Grand Prize, the "Prize(s)") divided between Category #1, Category #2 and Category #3. If multiple individuals are involved in the submission of any Video entry, prize awards will be awarded to the individual Xfire registered user that submitted the winning entry.
Each Category will have 2 winners. Prizing is exactly the same in both categories. Category #3 however has different prizing.The following is a list of the prizes, by category:
(a) 1st Prize (in either category #1 or #2):
·
(b) 2nd Prize (in either category #1 or #2):
·
(b) Category #3 Prizes:
·
First Place:
·
(c) Grand Prize: The Grand Prize will be awarded IN ADDITION to the 1st Place Category Prizes to the individual with the most "cool" votes regardless of Category.
The total ARV of all the prizes to be awarded in the Promotion is $2420.
6. Prize Terms: All prize values are expressed in U.S. dollars. All federal, national, state, provincial, municipal and local taxes and any other government fees, duties and charges of any kind associated with the acceptance, receipt and use of any prizes are the sole responsibility of the winners. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsors reserve the right to substitute a prize of equal or greater value for any prize. All prizes are awarded "AS IS" and "AS AVAILABLE" and without representation or warranty of any kind, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose, title or non-infringement).
6. Sponsors Use of Videos and Entry Materials. By entering the Promotion, you (and your parent or legal guardian, if applicable) hereby grant each of the Sponsors, jointly and individually, as well as each of the Sponsors Entities, a perpetual, non-exclusive, irrevocable, worldwide license and right to display, use, exploit and otherwise treat as their own, all the Entry Materials you submit to Sponsors in connection with the Contest. The Entry Materials will not be returned to any entrant and without limiting the generality of the foregoing, you acknowledge that Sponsors and the Sponsors Entities shall have the right to use, modify, reproduce, publish, perform, display on all forms of media, distribute, make derivative works of, use same in advertising and promotional material, and otherwise commercially and non-commercially exploit the Entry Materials, in perpetuity and throughout the universe, in any manner or medium now existing or hereafter developed, without notice, attribution or compensation to you or any other person or entity and you waive your moral rights in your Entry Materials accordingly. You agree to take, at Sponsors’ expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsors to effect, record, perfect or confirm Sponsor's rights as set forth above in this paragraph 6. You hereby agree that you will not, at any time during or after the Promotion, commercially exploit the Video, nor use any scenes from the Video, other than as expressly permitted in these Official Rules and with respect to your posting or distributing any Video for non-commercial or personal purposes, you further agree not to do so and to give the Sponsors exclusive rights to display, perform, promote, use and distribute the Video for a period of six (6) weeks from date all of the prizes have been awarded. Upon request, we will advise you of that date.
7. Original Work of Authorship. You hereby warrant and represent that by submitting Entry Materials (a) you own all rights to your Entry Materials, except the Scenes, (b) all Entry Materials, except the Scenes, are original works of authorship on your part or the other entrants you have identified as participating or contributing to the creation and production of the Entry Materials, (c) you have not copied, in whole or in part, from any other work and are not violating, misappropriating or infringing any proprietary, intellectual or industrial property, privacy, publicity or personality or other right (including, without limitation, copyright, trademark or service mark) of any other person, firm or entity, and you are not violating or breaching any law, regulation, agreement or obligation by which you are bound.
8. Collection of Information. The Entry Materials includes submission information that involves your providing to us your personally identifiable information and such information will only be used to contact you in the event you are chosen as a potential prize winner, to our suppliers and others we use to fulfill the prizes or perform obligations related to the Promotion (and only for those purposes) or as otherwise specifically described in these Official Rules or in the affidavit and release and related documentation you will be required to agree to and execute in order to be awarded and receive a prize. The Sponsors will not sell, rent or otherwise transfer any of your personally identifiable information to any non-affiliated third party, nor use such information or allow any of the Sponsors Entities to use, any such information for marketing purposes without your consent. If we discover any entrant submitting Entry Materials is under the age of thirteen (13) years, in addition to disqualifying the entry, Sponsors will delete, erase and destroy all personally identifiable information that is obtained from such Entry Materials. Personal information submitted in connection with this Promotion will be processed, for the purposes of the Promotion, in the United States. You can view the Sponsors’ privacy policies at the following websites:
http://www.xfire.com/privacy_policy/
http://www.funcom.com/wsp/funcom/frontend.cgi?func=publish.show&table=CONTENT&func_id=1279
9. General Disclaimer and Releases.
By entering or participating in the Promotion, submitting any Entry Materials and/or by accepting or receiving any prize, you acknowledge, understand and agree that:
(a) The Sponsors Entities shall not be responsible or liable for: (i) any late, lost, misrouted, illegible, imperceptible, unreadable, garbled or distorted or damaged transmissions or entries; (ii) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related delays, malfunctions or failures; (iii) any disruptions, injuries, losses or damages caused by events beyond the control of Sponsors; or (iv) any transmission, printing or typographical errors that may occur or be discovered;
(b) Proof of submission of an entry, does not constitute evidence that the entry was received and if there is any failure, delay or problem with your entry, whether caused by any of the things described in the above subsection (a) or for any other reason, the Sponsors reserve the right, in their sole discretion, to disqualify the entry;
(c) You release Sponsors and each of the Sponsors Entities (individually and/or collectively, the "Released Parties") from any liability whatsoever and waive any and all causes of action, regardless of the form or basis of the claim, related to any claims, costs, injuries, losses, or damages of any kind arising out of, resulting from or otherwise in connection with the Promotion or any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory; and
(d) As a condition of being declared a winner, being awarded and receiving any prize, each potential winner (including all entrants listed and named with the submitting entrant of any particular Video) will each be required to execute and deliver to Sponsors a signed Affidavit of Eligibility (or, for residents of Canada, a Declaration of Eligibility) and Liability/Publicity Release, which also includes an acceptance of and affirmation of compliance with all the terms and conditions of these Official Rules. In addition winners may be required to fill out Tax-related Documents and Claim forms (including but not limited to a W-9 form) for the state or country in which they reside before claiming their prize.
10. Winners List; Official Rules. For a copy of the winners list, send a stamped, self-addressed, business-size envelope after August 1st, 2009 and before August 20th, 2009 to Sponsors at the following address: "Age of Conan Video Capture Contest Promotion" - Winners List Request, c/o Xfire Inc., 200 Middlefield Road, Suite 200, Menlo Park, CA 94025. To obtain a copy of these Official Rules you may go to http://www.xfire.com/cms/xf_nvidia_contest_rules/ or send a stamped, self-addressed business-size envelope to the Sponsors at: "NVIDIA Video Capture Contest Promotion" - Official Rules Request, c/o Xfire Inc., 200 Middlefield Road, Suite 200, Menlo Park, CA 94025. Residents of WA and VT in the United States and residents of Canada may omit return postage.
11. Miscellaneous. The Promotion and these Official Rules and all materials, documents, affidavits, releases and other agreements and obligations referred to and related to this Promotion shall be governed, construed and interpreted under the laws of the State of California that apply to contracts made, entered into and wholly performed within the State of California and the Federal laws of the United States applicable therein. Entrants agree to comply with and be bound by these Official Rules and by the decisions of Sponsors and the judges, which are final and binding in all respects. Sponsors reserve the right to change these Official Rules at any time, in their sole discretion, and, without notice, modify, suspend or cancel the Promotion, in whole or in part, or any entrant's participation in the Promotion should any causes beyond Sponsors’ control or any activity or event affect the administration, security or proper conduct of all or any part of the Promotion or if Sponsors otherwise become (as determined in their sole discretion) incapable of running the Promotion as planned or intended by Sponsors. In the Sponsors’ sole discretion, upon any termination of the Promotion, the Sponsors may have the judges determine the Contest prize winners and/or the Sponsors may draw the Sweepstakes winners, if applicable, from among the eligible entries received up to the date of termination or may employ any other method of awarding prizes as the Sponsors deem appropriate, consistent with applicable law and regulation. Entrants who violate these Official Rules, tamper with the Promotion or engage in any conduct that is detrimental or unfair to Sponsors, the Promotion or any other entrant (in each case as determined in Sponsors’ sole discretion) are subject to disqualification and may also be in violation of laws, regulation or international treaty and subject to civil and/or criminal prosecution. Sponsors reserve the right to disqualify, prohibit from entry, participation, voting or otherwise being involved in this Promotion, any persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter or participate in the Promotion or found to be in violation of these Official Rules. Without limiting any requirement or obligation contained in any affidavit, declaration or release form required hereunder and except where prohibited or restricted by law, acceptance of a prize constitutes permission, in connection with the Promotion and in connection with any Video submitted, for the Sponsors Entities to use each winner’s (or winners’ if multiple entrants are involved) name, photograph, likeness, statements, biographical information, voice, city and state/province address on a worldwide basis, and in all forms of media, now known or hereafter discovered or developed, in perpetuity, without notice, attribution, accounting or compensation of any kind whatsoever.
© Copyright 2009 Funcom, Inc. and Xfire, Inc., All rights reserved.
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