"Operation Flashpoint Video Capture Contest" OFFICIAL RULES
Sponsored by:
Xfire, Inc. and The Codemasters Software Company Limited
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS CONTEST SHALL BE CONSTRUED AND EVALUATED ONLY ACCORDING TO UNITED STATES LAW.
2. Contest Period: “Operation Flashpoint Video Capture Contest” (the “Contest”) entry period commences at 12:00:01 AM (PT) October 9, 2009, and ends at 11:59:59 PM (PT) October 20, 2009 (the “Entry Period”). All entries must be received by 11:59:59 PM (PT) October 20, 2009 and must comply with these Official Rules. Commencing on October 9, 2009 and ending on October 20, 2009 (the “Online Voting Period” and together with the Entry Period, the “Contest Period”), Online Judges (as defined herein) will vote to determine one (1) first place winner (the “First Place Winner”) in each of the three (3) categories (each, a “Category” and collectively, the “Categories”) and one (1) second place winner (the “Second Place Winners”) in each of the three (3) Categories for a total of three (3) First Place Winners and three (3) Second Place Winners. There will be one prize awarded to the one (1) First Place Winner who receives the most legitimate “cool” votes overall during the Contest Period (the “Grand Prize Winner” and collectively with the First Place Winners and the Second Place Winners, the “Winners”). Online Voting Period will begin at 12:00:01 PM (PT) on October 9, 2009 and end on 11:59:59 PM (PT) on October 20, 2009.
IT IS RECOMMENDED THAT ENTRANTS UPLOAD THEIR ENTRY MATERIALS AS EARLY AS POSSIBLE IN THE ENTRY PERIOD, AS THE ONLINE VOTING PERIOD IS BASED ON THE TOTAL FINAL COMBINED LEGITIMATE VOTES RECEIVED THROUGHOUT THE ONLINE VOTING PERIOD WHICH OVERLAPS WITH THE ENTRY PERIOD.
3. Eligibility: All local, federal, provincial, state and country laws apply in the country where each Entrant resides. This Contest is open to all users of Xfire.com and Codemasters.com who are at least thirteen (13) years of age or older at the time of entry and who have a valid Account (as defined herein) and not, at time of entry, during Contest Period or at time of Prize (as defined here) fulfillment and acceptance, a party to any agreement with any studio, production company or publishing company or any third party that might interfere with entrant’s participation in the Contest and /or acceptance of the Prize awarded (the “Entrant’ or “Entrants”). There is no charge to create an Account. If Entrant is not the age of majority in the jurisdiction/country where Entrant resides, then Entrant will be required to get parent/legal guardian consent in order to enter Contest. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Xfire, Inc. (“Xfire”), The Codemasters Software Company Limited (“Codemasters” and, together with Xfire, the “Sponsors”) and each of their respective affiliated companies, sponsors, subsidiaries, advertising agencies, third party fulfillment agencies (collectively with Sponsors, the “Sponsor Entities”) are not eligible. By participating in this Contest, Entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by the Sponsor Entities and by the decisions of the Sponsor Entities, which are final in all matters relating to the Contest; (b) release and hold harmless the Sponsor Entities and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Contest and/or use or misuse or redemption of a prize and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action; and (c) acknowledge compliance with these Official Rules.
4. To Enter: Visit http://www.xfire.com/cms/xf_flashpoint, a website owned and controlled by Xfire (the “Web Site”), during the Contest Period and follow the instructions to submit your entry for the Promotion, which includes creating a Video (as defined below) and tagging it accordingly during the Contest Period. You must submit a digital Video that utilizes content and material (“Scenes”) recorded exclusively from game play of “Operation Flashpoint: Elite” and/or “Operation Flashpoint: Dragon Rising” PC games owned and operated by Codemasters (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 Contest Period, in connection with your entry into the Contest. 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 Contest or for your own personal use.
Submitting your Video: You may submit your Video by following the instructions at: http://www.xfire.com/about_video/ and http://www.xfire.com/cms/xf_flashpoint. 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 three (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 three (3) minutes. 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 Contest (collectively, the “Entry Material(s)”).
Entrants may submit multiple Videos from one (1) account, but are restricted to one (1) prize for the 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 Contest Period and Voting Period (as defined below), have been released publicly prior to the start of the Contest 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 “ofpteam”, “ofpkill” or “ofpgeneral”. For example, a Video that is submitted to Category #1 must carry the “ofpteam” Tag to be eligible. A Video that is submitted to Category #2 must carry the “ofpkill” Tag to be eligible. A Video that is submitted to Category #3 must carry the “ofpgeneral” Tag to be eligible. Other Tags to describe the Video or to identify the game are allowed provided the Tag also includes the “ofpteam” Category Tag for the Category #1, “ofpkill” Category Tag for the Category #2, and “ofpgeneral” Category Tag for the Category #3. If the required Category Tag is edited or renamed in any way before or after the “Contest Period”, the Video will be considered ineligible.
In the event of a dispute over who submitted a Video that is selected to receive a Prize, the authorized holder of the e-mail account registered to the Account from which such Video was submitted will be declared the person who is entitled to receive such Prize. An “authorized e-mail account holder” is defined as the natural person who is assigned to an e-mail address by a telephone company, wireless service provider, Internet access provider, Internet service provider, or other organization (e.g. business, educational, government, institution, etc.) that is responsible for assigning e-mail addresses, for the domain associated with the submitted e-mail address. Proof that Entrant submitted a Video to enter the Contest does not constitute proof or evidence that Xfire actually received it within the Contest Period. Any and all Videos that have been tampered with or altered are void. All Videos become the exclusive property of Xfire and will not be acknowledged or returned.
Videos must not contain, include or involve any of the following:
Without limiting the foregoing, Sponsors reserve the right to reject any Video that it deems, in its sole discretion, to violate any of the policies of Xfire’s “Standards and Practices Guidelines”.
Entrants must also electronically acknowledge and agree to the terms of Xfire’s Privacy Policy, Terms of Use, User Content Submission Agreement and these Official Rules. All Entry Materials submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries”. Incomplete or inaccurate Entry Materials are void.
5. Online Voting Criteria and Period: During the Online Voting Period as detailed in Paragraph 2, all the Videos will be posted online for judging by Web Site users (“Online Judges”). The Online Judges will be invited to vote to indicate their preference for the Video based on “cool” or “lame” vote at the end of the Video submission. The total number of legitimate online votes submitted during the Online Voting Period for each of the Eligible Entries will be tabulated by Xfire. In the event of a tie or dispute or for any other reason that Sponsors deems necessary, determination of the Winners shall be made by Sponsors. To the extent permitted by law, Sponsors disclaims any liability from, and Entrants, whether or not a Winner, agree to waive, any claims against Sponsors relating to the judging or awarding process. Sponsors reserve the right to extend the Contest Period or not to declare some or all of the Winners if they determine, in their sole discretion, that the Videos received did not meet the minimum qualification standards. The Judges reserve the right to conduct interviews with any Entrant. To the extent permitted by law, Sponsors disclaim any liability from, and Entrants (whether or not a Winner) agree to waive, any claims against Sponsors relating to the voting or awarding process.
6. Winner Selection/Notification: On or about the week of October 26, 2009, the top two (2) Videos in each of the three (3) Categories will be selected as the First Place Winners and Second Place Winners based on the number of legitimate cool votes that have been awarded the Video by the Online Judges for a total of six (6) Winners. The Video with the overall highest legitimate votes across all Categories will be selected as the Grand Prize Winner. Xfire will make up to three (3) attempts over the fourteen (14) day period following the Winners’ selection to contact the potential Winners via the email address provided at the time of registration of the submitting Xfire user account. If a potential Winner cannot be reached during the fourteen (14) day period in which he/she is emailed, such potential Winner will be disqualified and an alternate Winner will be selected from among the remaining applicable Eligible Entries received, if time permits.
7. Winner Verification: Each potential Winner must prove eligibility, including, without limitation, proof of age and residence within three (3) days of being notified as a potential Winner. In the event of non-compliance by any potential Winner, such potential Winner shall be disqualified and all privileges otherwise due as a Winner shall be terminated and an alternative potential Winner may be chosen from among all of the remaining applicable Eligible Entries received in Sponsors’ sole discretion. Each potential Winner must complete, sign and return to Xfire, within three (3) days after the date of Xfire’s request therefore and presentation thereof: (a) an affidavit of eligibility and release of Sponsors and each of their officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest directly or indirectly from acceptance, possession, or misuse of the Prize (or any portion thereof); (b) except where prohibited by law, a promotional release granting Sponsors the right to use their name and likeness for advertising and publicity purposes without additional compensation and; (c) all legal documents that Sponsors may require (in their sole discretion). Entry into this Contest constitutes agreement to sign such releases. Failure of any potential Winner to complete, sign and return to Xfire such affidavit, release and legal documentation within such two (2) day period shall result in his/her disqualification from the Contest, in which event an alternate potential Winner may be selected, in Sponsors’ sole discretion. All decisions of Sponsors relating to the Contest are final. Sponsors expressly reserve the right to delay the announcement of the Winners for creative or technical reasons or for any other reason Sponsors deem necessary.
8. Prizes: There will be at total of seven (7) prizes awarded. There will be one (1) first place prize (the “First Place Prize”) and one (1) second place prize (the “Second Place Prize”) for each Category for a total of three (3) First Place Prizes and three (3) Second Place Prizes. There will be one (1) grand prize (the “Grand Prize” and collectively with the First Place Prizes and the Second Place Prizes, the “Prizes”) awarded. If multiple individuals are involved in the submission of any Video entry, the Prize will be awarded to the individual Xfire registered user that submitted the winning entry.
(a) Each of the three (3) First Place Winners will receive one (1) Gamer Dragon 9000 package which will include:
CAS: Thermaltake Element-T Mid-Tower Case [-44] (Original Color)
POWERSUPPLY: Thermaltake Power Supply
CPU: AMD Phenom II X4 955 Black Edition Quad-Core CPU w/ HyperTransport Technology
FAN: Thermaltake MaxOrb Enthusiast CPU Cooling Fan(Slient & Overclock Proof w/ Highest Efficiency Cooling)
MOTHERBOARD: GigaByte MA790FXT-UD5P AM3 DDR3 790FX CrossFire Chipset
MEMORY: 4GB (2GBx2) PC1333 DDR3 PC3 10666 Dual Channel Memory
VIDEO: ATI Radeon HD 4890 1GB DDR5 PCI-Express Dual DVI-I & TVO
HDD: Single Hard Drive (1TB (1TBx1) SATA-II 3.0Gb/s 16MB Cache 7200RPM HDD)
CD: Lite-On IHOS 104 4X Blu-Ray Player
CD2: (Special Price) LG 22X DVDR/RW + CD-R/RW Dual Layer Drive (BLACK COLOR)
KEYBOARD: Xtreme Gear (Black Color) Multimedia/Internet USB Keyboard
MOUSE: XtremeGear Optical USB 3 Buttons Gaming Mouse
WNC: PCI Wireless 802.11g 54Mbps Network Interface Card
OS: Microsoft Windows Vista Home Premium w/ Service Pack 1 (64-bit Edition)
FREE GAME: Battle Station Pacific
(b) Each of the three (3) Second Place Winners will receive one (1) Razer Lyocsa keyboards with Deathadder mouse.
(c) The one (1) Grand Prize Winner will receive one (1) ASUS VH242H 24" LCD Monitor.
The ARV of each First Place Prize is $1299.00. The ARV of each Second Place Prize is $139.98. The ARV of the Grand Prize is $200.00. The ARV of all Prizes is $4,500.00. The ARV is subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be awarded. Sponsors reserve the right not to award the Prizes if they determine, in their sole discretion, that an insufficient number of Eligible Entries were received during the Contest Period. The dates for fulfillment of the Prizes will be on or around October 30, 2009, subject to programming requirements and such dates are subject to change in Sponsors sole discretion.
9. General Prize Terms: Arrangements for fulfillment of the Prizes will be made by Sponsors. All costs and expenses not specifically listed above, including, without limitation, any equipment to be used in connection with the Prizes, are solely Winners’ responsibility. The value of the Prizes will be taxable to each Winner as income. Each Winner must supply Xfire with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of each Winner for the actual value of the Prizes received. Upon entry into the Contest, Winners (as well as all other Entrants) are required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Winners’ responsibility. Sponsors shall have no responsibility or obligation to any Winner or potential Winner who is unable or unavailable to accept or utilize Prizes as described herein.
No substitution, transfer or cash equivalent of the Prizes or any portion thereof permitted, except by Sponsors, in which case a prize of equal or greater value may be awarded.
10. Notwithstanding the foregoing, for good and valuable consideration, the receipt of which is hereby acknowledged, each Entrant agrees (i) that his/her Video may be used by Sponsors or its licensees, in whole or in part for any purpose whatsoever in any media worldwide in perpetuity without any compensation or additional consideration and (ii) to hereby grant to Sponsors the non-exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, broadcast, rebroadcast, transmit, record, publicly perform, create derivative works of, and distribute and synchronize in timed relation to visual elements, the materials contained in their Video and/or any portions or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world, in perpetuity.
11. General Terms: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AS DETERMINED BY SPONSORS AT THEIR SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION FROM ANY FURTHER PARTICIPATION IN THIS CONTEST, AND ANY AND ALL BENEFITS AND PRIVILEGES POTENTIALLY TO BE ACCORDED TO SUCH WINNER WILL BE TERMINATED IMMEDIATELY, IRREVOCABLY AND IN PERPETUITY.
Sponsor Entities assume no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the Videos in this Contest. Sponsor Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled votes or failure to receive votes ,including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest or the voting rules in this Contest. Sponsor Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the Winners. If, for any reason, the Contest is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest (including, but not limited to, the online voting process), or for any reason Sponsors deem it necessary, Sponsors reserve the right in their sole discretion to cancel, terminate, modify or suspend the Contest, or the online voting process and to determine the Winners in their sole discretion. Should the Contest be terminated prior to the stated expiration date, notice will be posted on the Web Site and the Prizes may be awarded to Winners to be selected from among all Eligible Entries received up until and/or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsors. All interpretations by Sponsors of these Official Rules, and all decisions by Sponsors under and relating to these Official Rules, are final, binding and non-appealable in all respects. No software-generated, robotic, programmed, script, macro or other automated email or voting entries are permitted. Sponsors reserve the right in its sole discretion to disqualify any individual they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated email or voting entry; (ii) to have tampered with the entry process or the operation of this Contest; (iii) to be acting in violation of these Official Rules; (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Contest. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Entrants agree to indemnify and hold harmless Sponsors from any and all liability resulting or arising from the Contest, to release all rights to bring any claim, action or proceeding against Sponsors, and hereby acknowledge that Sponsors has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes.
Past experience has confirmed that contests and other competitions generate substantially similar submissions or entries which closely resemble concepts and ideas that have been independently developed by Xfire before or after the Contest. Accordingly, Entrants may subsequently see an Xfire presentation which seemingly incorporates an idea or concept or includes materials similar to that contained in their Videos. Any similarity is purely coincidental and unavoidable in light of the volume of ideas which Xfire routinely considers in the course of its program development. Because of this possibility, Entrants hereby agree to submit their Videos under the following terms and conditions: (i) that Xfire may use any ideas, concepts, material, in whole or in part, contained in a Video; (ii) that all materials submitted become the property of Xfire and will not be returned; (iii) that all materials submitted are free from any lien or claim by anyone, including but not limited to any union, guild or performance rights society; (iv) Entrants have obtained all rights, permissions and licenses necessary to use the Video for any purpose and grant the right or permission herein contained; (v) that no Video, or any part thereof, infringes any trademark or copyright or otherwise violates anyone’s right of privacy or publicity or any other right; (vi) by submitting a Video, Entrants consent to Xfire or its licensees exploiting such entry (any and all copyrighted elements contained therein) in all media now known or hereafter devised worldwide in perpetuity; and (vii) Entrants indemnify and hold harmless Sponsor Entities, from any claims, suits, losses damages and expenses (including reasonable attorneys’ fees) that arise from any breach of the following conditions. All Entrants agree to the foregoing and in addition agree to obtain, upon request of Xfire, any documentation and releases necessary to prove their unrestricted ownership in all materials contained in their Video and their right to use such materials without limitation for any purpose. They further agree, if chosen as a Winner, to assign all right, title and interest in all material and agree to sign such documentation Xfire deems necessary to formalize this assignment.
12. Request for Names of Winners and Official Rules:
For the names of the Winners and/or Official Rules, send a self-addressed stamped envelope to:
Xfire
Attention: "Operation Flashpoint Video Capture Contest"
1351 Fourth St., 4th Floor
Santa Monica, CA 90401
All requests for a copy of the Official Rules and for the names of the Winners must be made by December 17, 2009. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or the names of the “Winners”. Vermont residents may omit return postage if requesting a set of Official Rules.
13. Sponsors: This Contest is sponsored by Xfire, Inc., 200 Middlefield Road, 4th Floor, Santa Monica, CA 90401 and
The Codemasters Software Company Limited, P.O. Box 6 Leamington Spa, Warwickshire, CV47 2ZT, United Kingdom.
Sponsored by:
Xfire, Inc. and The Codemasters Software Company Limited
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. THIS CONTEST SHALL BE CONSTRUED AND EVALUATED ONLY ACCORDING TO UNITED STATES LAW.
2. Contest Period: “Operation Flashpoint Video Capture Contest” (the “Contest”) entry period commences at 12:00:01 AM (PT) October 9, 2009, and ends at 11:59:59 PM (PT) October 20, 2009 (the “Entry Period”). All entries must be received by 11:59:59 PM (PT) October 20, 2009 and must comply with these Official Rules. Commencing on October 9, 2009 and ending on October 20, 2009 (the “Online Voting Period” and together with the Entry Period, the “Contest Period”), Online Judges (as defined herein) will vote to determine one (1) first place winner (the “First Place Winner”) in each of the three (3) categories (each, a “Category” and collectively, the “Categories”) and one (1) second place winner (the “Second Place Winners”) in each of the three (3) Categories for a total of three (3) First Place Winners and three (3) Second Place Winners. There will be one prize awarded to the one (1) First Place Winner who receives the most legitimate “cool” votes overall during the Contest Period (the “Grand Prize Winner” and collectively with the First Place Winners and the Second Place Winners, the “Winners”). Online Voting Period will begin at 12:00:01 PM (PT) on October 9, 2009 and end on 11:59:59 PM (PT) on October 20, 2009.
IT IS RECOMMENDED THAT ENTRANTS UPLOAD THEIR ENTRY MATERIALS AS EARLY AS POSSIBLE IN THE ENTRY PERIOD, AS THE ONLINE VOTING PERIOD IS BASED ON THE TOTAL FINAL COMBINED LEGITIMATE VOTES RECEIVED THROUGHOUT THE ONLINE VOTING PERIOD WHICH OVERLAPS WITH THE ENTRY PERIOD.
3. Eligibility: All local, federal, provincial, state and country laws apply in the country where each Entrant resides. This Contest is open to all users of Xfire.com and Codemasters.com who are at least thirteen (13) years of age or older at the time of entry and who have a valid Account (as defined herein) and not, at time of entry, during Contest Period or at time of Prize (as defined here) fulfillment and acceptance, a party to any agreement with any studio, production company or publishing company or any third party that might interfere with entrant’s participation in the Contest and /or acceptance of the Prize awarded (the “Entrant’ or “Entrants”). There is no charge to create an Account. If Entrant is not the age of majority in the jurisdiction/country where Entrant resides, then Entrant will be required to get parent/legal guardian consent in order to enter Contest. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Xfire, Inc. (“Xfire”), The Codemasters Software Company Limited (“Codemasters” and, together with Xfire, the “Sponsors”) and each of their respective affiliated companies, sponsors, subsidiaries, advertising agencies, third party fulfillment agencies (collectively with Sponsors, the “Sponsor Entities”) are not eligible. By participating in this Contest, Entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by the Sponsor Entities and by the decisions of the Sponsor Entities, which are final in all matters relating to the Contest; (b) release and hold harmless the Sponsor Entities and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Contest and/or use or misuse or redemption of a prize and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action; and (c) acknowledge compliance with these Official Rules.
4. To Enter: Visit http://www.xfire.com/cms/xf_flashpoint, a website owned and controlled by Xfire (the “Web Site”), during the Contest Period and follow the instructions to submit your entry for the Promotion, which includes creating a Video (as defined below) and tagging it accordingly during the Contest Period. You must submit a digital Video that utilizes content and material (“Scenes”) recorded exclusively from game play of “Operation Flashpoint: Elite” and/or “Operation Flashpoint: Dragon Rising” PC games owned and operated by Codemasters (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 Contest Period, in connection with your entry into the Contest. 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 Contest or for your own personal use.
Submitting your Video: You may submit your Video by following the instructions at: http://www.xfire.com/about_video/ and http://www.xfire.com/cms/xf_flashpoint. 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 three (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 three (3) minutes. 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 Contest (collectively, the “Entry Material(s)”).
Entrants may submit multiple Videos from one (1) account, but are restricted to one (1) prize for the 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 Contest Period and Voting Period (as defined below), have been released publicly prior to the start of the Contest 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 “ofpteam”, “ofpkill” or “ofpgeneral”. For example, a Video that is submitted to Category #1 must carry the “ofpteam” Tag to be eligible. A Video that is submitted to Category #2 must carry the “ofpkill” Tag to be eligible. A Video that is submitted to Category #3 must carry the “ofpgeneral” Tag to be eligible. Other Tags to describe the Video or to identify the game are allowed provided the Tag also includes the “ofpteam” Category Tag for the Category #1, “ofpkill” Category Tag for the Category #2, and “ofpgeneral” Category Tag for the Category #3. If the required Category Tag is edited or renamed in any way before or after the “Contest Period”, the Video will be considered ineligible.
In the event of a dispute over who submitted a Video that is selected to receive a Prize, the authorized holder of the e-mail account registered to the Account from which such Video was submitted will be declared the person who is entitled to receive such Prize. An “authorized e-mail account holder” is defined as the natural person who is assigned to an e-mail address by a telephone company, wireless service provider, Internet access provider, Internet service provider, or other organization (e.g. business, educational, government, institution, etc.) that is responsible for assigning e-mail addresses, for the domain associated with the submitted e-mail address. Proof that Entrant submitted a Video to enter the Contest does not constitute proof or evidence that Xfire actually received it within the Contest Period. Any and all Videos that have been tampered with or altered are void. All Videos become the exclusive property of Xfire and will not be acknowledged or returned.
Videos must not contain, include or involve any of the following:
- Obscenity
- Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
- Gang signs or symbols
- Nudity
- Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
- License plates, phone numbers, personal addresses – physical or email or otherwise
- Website or web page links
- Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
- Trespass or the violation of other people’s rights or property
- Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
- Conduct or activities in violation of these Official Rules
- Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Xfire, in its sole discretion
Without limiting the foregoing, Sponsors reserve the right to reject any Video that it deems, in its sole discretion, to violate any of the policies of Xfire’s “Standards and Practices Guidelines”.
Entrants must also electronically acknowledge and agree to the terms of Xfire’s Privacy Policy, Terms of Use, User Content Submission Agreement and these Official Rules. All Entry Materials submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries”. Incomplete or inaccurate Entry Materials are void.
5. Online Voting Criteria and Period: During the Online Voting Period as detailed in Paragraph 2, all the Videos will be posted online for judging by Web Site users (“Online Judges”). The Online Judges will be invited to vote to indicate their preference for the Video based on “cool” or “lame” vote at the end of the Video submission. The total number of legitimate online votes submitted during the Online Voting Period for each of the Eligible Entries will be tabulated by Xfire. In the event of a tie or dispute or for any other reason that Sponsors deems necessary, determination of the Winners shall be made by Sponsors. To the extent permitted by law, Sponsors disclaims any liability from, and Entrants, whether or not a Winner, agree to waive, any claims against Sponsors relating to the judging or awarding process. Sponsors reserve the right to extend the Contest Period or not to declare some or all of the Winners if they determine, in their sole discretion, that the Videos received did not meet the minimum qualification standards. The Judges reserve the right to conduct interviews with any Entrant. To the extent permitted by law, Sponsors disclaim any liability from, and Entrants (whether or not a Winner) agree to waive, any claims against Sponsors relating to the voting or awarding process.
6. Winner Selection/Notification: On or about the week of October 26, 2009, the top two (2) Videos in each of the three (3) Categories will be selected as the First Place Winners and Second Place Winners based on the number of legitimate cool votes that have been awarded the Video by the Online Judges for a total of six (6) Winners. The Video with the overall highest legitimate votes across all Categories will be selected as the Grand Prize Winner. Xfire will make up to three (3) attempts over the fourteen (14) day period following the Winners’ selection to contact the potential Winners via the email address provided at the time of registration of the submitting Xfire user account. If a potential Winner cannot be reached during the fourteen (14) day period in which he/she is emailed, such potential Winner will be disqualified and an alternate Winner will be selected from among the remaining applicable Eligible Entries received, if time permits.
7. Winner Verification: Each potential Winner must prove eligibility, including, without limitation, proof of age and residence within three (3) days of being notified as a potential Winner. In the event of non-compliance by any potential Winner, such potential Winner shall be disqualified and all privileges otherwise due as a Winner shall be terminated and an alternative potential Winner may be chosen from among all of the remaining applicable Eligible Entries received in Sponsors’ sole discretion. Each potential Winner must complete, sign and return to Xfire, within three (3) days after the date of Xfire’s request therefore and presentation thereof: (a) an affidavit of eligibility and release of Sponsors and each of their officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest directly or indirectly from acceptance, possession, or misuse of the Prize (or any portion thereof); (b) except where prohibited by law, a promotional release granting Sponsors the right to use their name and likeness for advertising and publicity purposes without additional compensation and; (c) all legal documents that Sponsors may require (in their sole discretion). Entry into this Contest constitutes agreement to sign such releases. Failure of any potential Winner to complete, sign and return to Xfire such affidavit, release and legal documentation within such two (2) day period shall result in his/her disqualification from the Contest, in which event an alternate potential Winner may be selected, in Sponsors’ sole discretion. All decisions of Sponsors relating to the Contest are final. Sponsors expressly reserve the right to delay the announcement of the Winners for creative or technical reasons or for any other reason Sponsors deem necessary.
8. Prizes: There will be at total of seven (7) prizes awarded. There will be one (1) first place prize (the “First Place Prize”) and one (1) second place prize (the “Second Place Prize”) for each Category for a total of three (3) First Place Prizes and three (3) Second Place Prizes. There will be one (1) grand prize (the “Grand Prize” and collectively with the First Place Prizes and the Second Place Prizes, the “Prizes”) awarded. If multiple individuals are involved in the submission of any Video entry, the Prize will be awarded to the individual Xfire registered user that submitted the winning entry.
(a) Each of the three (3) First Place Winners will receive one (1) Gamer Dragon 9000 package which will include:
CAS: Thermaltake Element-T Mid-Tower Case [-44] (Original Color)
POWERSUPPLY: Thermaltake Power Supply
CPU: AMD Phenom II X4 955 Black Edition Quad-Core CPU w/ HyperTransport Technology
FAN: Thermaltake MaxOrb Enthusiast CPU Cooling Fan(Slient & Overclock Proof w/ Highest Efficiency Cooling)
MOTHERBOARD: GigaByte MA790FXT-UD5P AM3 DDR3 790FX CrossFire Chipset
MEMORY: 4GB (2GBx2) PC1333 DDR3 PC3 10666 Dual Channel Memory
VIDEO: ATI Radeon HD 4890 1GB DDR5 PCI-Express Dual DVI-I & TVO
HDD: Single Hard Drive (1TB (1TBx1) SATA-II 3.0Gb/s 16MB Cache 7200RPM HDD)
CD: Lite-On IHOS 104 4X Blu-Ray Player
CD2: (Special Price) LG 22X DVDR/RW + CD-R/RW Dual Layer Drive (BLACK COLOR)
KEYBOARD: Xtreme Gear (Black Color) Multimedia/Internet USB Keyboard
MOUSE: XtremeGear Optical USB 3 Buttons Gaming Mouse
WNC: PCI Wireless 802.11g 54Mbps Network Interface Card
OS: Microsoft Windows Vista Home Premium w/ Service Pack 1 (64-bit Edition)
FREE GAME: Battle Station Pacific
(b) Each of the three (3) Second Place Winners will receive one (1) Razer Lyocsa keyboards with Deathadder mouse.
(c) The one (1) Grand Prize Winner will receive one (1) ASUS VH242H 24" LCD Monitor.
The ARV of each First Place Prize is $1299.00. The ARV of each Second Place Prize is $139.98. The ARV of the Grand Prize is $200.00. The ARV of all Prizes is $4,500.00. The ARV is subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be awarded. Sponsors reserve the right not to award the Prizes if they determine, in their sole discretion, that an insufficient number of Eligible Entries were received during the Contest Period. The dates for fulfillment of the Prizes will be on or around October 30, 2009, subject to programming requirements and such dates are subject to change in Sponsors sole discretion.
9. General Prize Terms: Arrangements for fulfillment of the Prizes will be made by Sponsors. All costs and expenses not specifically listed above, including, without limitation, any equipment to be used in connection with the Prizes, are solely Winners’ responsibility. The value of the Prizes will be taxable to each Winner as income. Each Winner must supply Xfire with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of each Winner for the actual value of the Prizes received. Upon entry into the Contest, Winners (as well as all other Entrants) are required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Winners’ responsibility. Sponsors shall have no responsibility or obligation to any Winner or potential Winner who is unable or unavailable to accept or utilize Prizes as described herein.
No substitution, transfer or cash equivalent of the Prizes or any portion thereof permitted, except by Sponsors, in which case a prize of equal or greater value may be awarded.
10. Notwithstanding the foregoing, for good and valuable consideration, the receipt of which is hereby acknowledged, each Entrant agrees (i) that his/her Video may be used by Sponsors or its licensees, in whole or in part for any purpose whatsoever in any media worldwide in perpetuity without any compensation or additional consideration and (ii) to hereby grant to Sponsors the non-exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, broadcast, rebroadcast, transmit, record, publicly perform, create derivative works of, and distribute and synchronize in timed relation to visual elements, the materials contained in their Video and/or any portions or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world, in perpetuity.
11. General Terms: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AS DETERMINED BY SPONSORS AT THEIR SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION FROM ANY FURTHER PARTICIPATION IN THIS CONTEST, AND ANY AND ALL BENEFITS AND PRIVILEGES POTENTIALLY TO BE ACCORDED TO SUCH WINNER WILL BE TERMINATED IMMEDIATELY, IRREVOCABLY AND IN PERPETUITY.
Sponsor Entities assume no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the Videos in this Contest. Sponsor Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled votes or failure to receive votes ,including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest or the voting rules in this Contest. Sponsor Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement of the Winners. If, for any reason, the Contest is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest (including, but not limited to, the online voting process), or for any reason Sponsors deem it necessary, Sponsors reserve the right in their sole discretion to cancel, terminate, modify or suspend the Contest, or the online voting process and to determine the Winners in their sole discretion. Should the Contest be terminated prior to the stated expiration date, notice will be posted on the Web Site and the Prizes may be awarded to Winners to be selected from among all Eligible Entries received up until and/or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsors. All interpretations by Sponsors of these Official Rules, and all decisions by Sponsors under and relating to these Official Rules, are final, binding and non-appealable in all respects. No software-generated, robotic, programmed, script, macro or other automated email or voting entries are permitted. Sponsors reserve the right in its sole discretion to disqualify any individual they suspect or find: (i) to have used a software-generated, robotic, programmed, script, macro or other automated email or voting entry; (ii) to have tampered with the entry process or the operation of this Contest; (iii) to be acting in violation of these Official Rules; (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Contest. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Entrants agree to indemnify and hold harmless Sponsors from any and all liability resulting or arising from the Contest, to release all rights to bring any claim, action or proceeding against Sponsors, and hereby acknowledge that Sponsors has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes.
Past experience has confirmed that contests and other competitions generate substantially similar submissions or entries which closely resemble concepts and ideas that have been independently developed by Xfire before or after the Contest. Accordingly, Entrants may subsequently see an Xfire presentation which seemingly incorporates an idea or concept or includes materials similar to that contained in their Videos. Any similarity is purely coincidental and unavoidable in light of the volume of ideas which Xfire routinely considers in the course of its program development. Because of this possibility, Entrants hereby agree to submit their Videos under the following terms and conditions: (i) that Xfire may use any ideas, concepts, material, in whole or in part, contained in a Video; (ii) that all materials submitted become the property of Xfire and will not be returned; (iii) that all materials submitted are free from any lien or claim by anyone, including but not limited to any union, guild or performance rights society; (iv) Entrants have obtained all rights, permissions and licenses necessary to use the Video for any purpose and grant the right or permission herein contained; (v) that no Video, or any part thereof, infringes any trademark or copyright or otherwise violates anyone’s right of privacy or publicity or any other right; (vi) by submitting a Video, Entrants consent to Xfire or its licensees exploiting such entry (any and all copyrighted elements contained therein) in all media now known or hereafter devised worldwide in perpetuity; and (vii) Entrants indemnify and hold harmless Sponsor Entities, from any claims, suits, losses damages and expenses (including reasonable attorneys’ fees) that arise from any breach of the following conditions. All Entrants agree to the foregoing and in addition agree to obtain, upon request of Xfire, any documentation and releases necessary to prove their unrestricted ownership in all materials contained in their Video and their right to use such materials without limitation for any purpose. They further agree, if chosen as a Winner, to assign all right, title and interest in all material and agree to sign such documentation Xfire deems necessary to formalize this assignment.
12. Request for Names of Winners and Official Rules:
For the names of the Winners and/or Official Rules, send a self-addressed stamped envelope to:
Xfire
Attention: "Operation Flashpoint Video Capture Contest"
1351 Fourth St., 4th Floor
Santa Monica, CA 90401
All requests for a copy of the Official Rules and for the names of the Winners must be made by December 17, 2009. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or the names of the “Winners”. Vermont residents may omit return postage if requesting a set of Official Rules.
13. Sponsors: This Contest is sponsored by Xfire, Inc., 200 Middlefield Road, 4th Floor, Santa Monica, CA 90401 and
The Codemasters Software Company Limited, P.O. Box 6 Leamington Spa, Warwickshire, CV47 2ZT, United Kingdom.
