OFFICIAL
RULES
THE
XFIRE RACE TO LEVEL 80 (THE “RACE”) CONSISTS OF A SKILL-BASED CONTEST (“CONTEST”)
AND IS OPEN TO QUALIFIED AND ELIGIBLE LEGAL RESIDENTS OF ANY COUNTRY, ALL AS
DESCRIBED IN THESE OFFICIAL RULES.
As
described below, entry into the Contest requires live broadcasting of gameplay, but there is no purchase or submission of a Movie
required to enter or win the Sweepstakes portion of the Promotion.
Participation in the Contest does not change your odds of winning the Sweepstakes,
which depend only on the number of eligible entries in the Sweepstakes.
Xfire, Inc. is the Sponsor of this Contest and shall
be jointly referred to in these Official Rules as “the Sponsor”, “Xfire”,
“we”, “us” or “our.”
1. Eligibility. You must be
at least 18 years of age or older at the time of your entry; however, if you
are at least 15 years old or even if you are 18 years old but are still
considered a minor in your country of legal residence (“Minor”), one of your
parents or a legal guardian must submit a signed, written statement to us with
your entry, confirming that they 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 you and
themselves. Upon request we will provide you with the form of consent and
agreement Minors are required to obtain and submit with their entry (send your
request to: http://www.xfire.com/clans/ggame/forums/109764/topic/367286/.
If you are a
legal resident of
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 Race, we may
disqualify you immediately at any time.
All applicable
federal, state and local laws and regulations apply and this Race is void where
prohibited or restricted by any mandatory provision of 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 Sponsor disqualifies 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.
Race Entry Period: You may submit your entry for the Race during the “Race
Entry Period” which commences on
3. How to Enter.
To enter the Race,
eligible entrants must:
o
Add the World of Warcraft character
they want to race with to their Xfire profile.
o
Apply to the “Race to level 80”
league on Xfire (URL: http://www.xfire.com/clans/ggame/).
o
Once they got accepted in the
league, entrants have to head to the “Race to Level 80 contestants” forum (URL:
http://www.xfire.com/clans/ggame/forums/104733/).
o
On the forum, entrants have to
create a thread as indicated in the main registration post (URL: http://www.xfire.com/clans/ggame/forums/104733/topic/334478/).
o
After they have created their
registration thread, entrants have to wait for November 4th. On that
day, the Sponsor will post on the registration forum a thread listing the 25
selected racers. If there are more than 25 registrants, Xfire will also publish
a waiting list.
o
Racers from the initial list of 25
will be contacted by the Xfire staff to run some tests with the Xfire broadcast
system under supervision of the Xfire staff.
o
Xfire will validate or cancel
applications for the race after the broadcast test. If racers on the initial
list of 25 don’t pass the test, Xfire will get in touch with entrants from the
waiting list.
-
Xfire will validate or cancel
applications at its own discretion.
-
A maximum 2 users/server sharing the
same guild handle and or guild tag or guild website will be allowed in the
race.
-
The maximum number of registered
racers is set to 25. Xfire reserves the right to raise
or lower the contestants cap at its own discretion.
-
Employees of Xfire and members of
their family may not enter the race and are not eligible for a prize.
-
Members of organizations, teams or
guilds which already partnered with Xfire or provided services to Xfire on a
timely basis are allowed to take part.
The
Broadcast is and shall remain the property of the Sponsor or its 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.
Broadcasts 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 condonation) of illegal drug use, alcohol abuse or other
illegal activity;
-
nudity, profanity or
extreme or gratuitous violence;
-
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, 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
Sponsor or any of the judges selected by the Sponsor.
4. Selecting the
Winners. The
first registered racer to reach level 80 in World of Warcraft: Wrath of the
Lich King while he’s still officially contending for the race will be declared
the winner.
Racers have to broadcast themselves using the Xfire
broadcast system during the race.
Levelling
techniques:
o
Any technique, strategy, tactic,
grouping pattern, etc. allowed by Blizzard Entertainment’s official “World of
Warcraft: Wrath of the Lich King” Terms of Use are allowed in the race. Racers
might get help from as many other gamers as they can to level up. Tagging is
allowed.
o
It is strictly forbidden to use any
kind of known or unknown cheat, bug exploit or bot when taking part in the
race. A racer proven guilty of using one of those will be banned from the race
and lose all rights to any kind of prize.
Broadcasting:
o
The purpose of the race is to allow
gamers around the world to spectate racers as they are striding towards level
80. Therefore, it is mandatory that racers broadcast themselves during the
entirety of the race. In that respect, all racers will go through a broadcast
test, monitored by the Xfire staff, during the registration process to validate
that the feature works well with the PC and internet connection they will be
using to race. While it is understood that short downtime in the broadcast
might be experienced in case they’re using an unstable internet connection or
freeze-prone computer, multiple and/or long breaks in the broadcasting may
result in the racer being disqualified. This decision is left at the discretion
of the Xfire staff. In case of a disqualification, the decision will be made
public on the Xfire blog (URL: http://www.xfire.com/blog/theblog)
immediately.
It is strictly forbidden to use any kind of known or
unknown cheat, bug exploit or bot when taking part in the race. A racer proven
guilty of using one of those will be banned from the race and lose all rights
to any kind of prize.
If the first racer to reach level 80 is
determined to be ineligible or is disqualified or unable to accept a prize, the
Sponsor shall have the right to disqualify that entrant and the Sponsor shall
have the right to move each of the other racers up in rank from the pool of
remaining eligible racers, in the sole discretion and determination of the
Sponsor. Decisions and determinations of the Sponsor shall be binding and
conclusive for all purposes in this Race.
Potential prize
winners will be notified by email within approximately fourteen (14) days after
their selection. To be awarded and claim the applicable prize, potential prize
winners must follow the instructions contained in their notification which
describe how they must comply with these Official Rules, including the
completion of the necessary affidavits and release forms.
5. Communication. Communication
between the Xfire staff and registered racers will be conducted through:
o
The “Race to level 80” league page (http://www.xfire.com/clans/ggame/).
It is the racers responsibility to check this page on a regular basis for any
update in the news, forum and schedule.
o
Permanent Xfire chat rooms.
Information on these chat rooms will be available in on the “Race to level 80”
league page (http://www.xfire.com/clans/ggame/).
-
Racers shall make themselves
available for at least 20 minutes after the end of the race to answer questions
from Xfire users in the Xfire moderated chat rooms opened for race discussion.
Racers will be told by the Xfire staff how to join said chat rooms.
6. Prizes. All prize values are expressed in U.S. dollars and all prizes will
be awarded. You will be responsible for any taxes imposed by a government on
prize awards or winnings. 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 Sponsor, within the time period required, an affidavit of
eligibility and a liability and promotional/publicity release (except to the
extent prohibited or otherwise restricted by mandatory provisions of the 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. Prizes are not transferable. No
substitutions or exchanges (including for cash) of any prizes will be
permitted, except that the Sponsor reserves the right to substitute a prize of
equal or greater value for any prize. All prizes are awarded by the Sponsor "AS IS" without representation or warranty of any kind, express or
implied, from the Sponsor and
only the manufacturers’ or distributors’ warranties, if any, will apply to the
prizes. In case a prize is not
available, you will receive an item comparable in function and value.
For
the 1st place racer, a Gaming Enthusiast PC ($1,000).
7. Sponsor Use of Movies and Submission
Information. By entering the Contest, you (and your parent
or legal guardian, if applicable) hereby grant the Sponsor, jointly and
individually, as well as each of the Sponsor Entities, a royalty-free, perpetual
(except in France where the license applies only for so long as the applicable
intellectual property rights remain applicable) , non-exclusive, irrevocable,
worldwide license and right to reproduce on any materials, represent, display,
directly or indirectly broadcast via any means now existing or later
development (which includes also unknown technologies unless mandatory Law
prohibits a license regarding such unknown technologies) use, exploit in
connection with this Race and the World of Warcraft game.
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 administer the Race and to contact you in the event you
are chosen as a potential prize winner as well as in connection with the prize
announcement pursuant to paragraph 11. You specifically consent and authorize
us to transfer you personal information to the United States and to our
suppliers and others that we use to fulfill the
prizes or perform obligations related to the Race (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 Sponsor 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 Sponsor Entities to use, any such information for marketing
purposes without your consent. All personal data obtained in connection with
the Race will be stored pursuant to applicable data protection regulations only
for as long as necessary to enable us to perform our obligations under this
Race, except that personal data you provide to us when you become a registered
user and member of Xfire is governed by the terms and conditions that apply to
your registration as an Xfire registered user. If we discover any entrant submitting
Entry Materials under the age of fifteen (15) years, in addition to
disqualifying the entry, Sponsor will delete, erase and destroy all personally
identifiable information that is obtained from such Entry Materials. We reserve
the right to display your name, if you are a prize winner, along with any or
all of the other prize winners names in connection
with this Race. Based on applicable Law you may have the right of access to, to
modify and/or withdraw your personal data that we collect. With respect to any
such requests you can contact us at address, person and ncerrato@xfire.com. You can view the
Sponsor’s privacy policies at http://www.xfire.com/privacy_policy.
9. General Disclaimer and Releases.
By entering or
participating in the Race, submitting any Entry Materials and/or by accepting
or receiving any prize, you acknowledge, understand and agree that:
(a) The Sponsor
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 Sponsor; 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 Sponsor reserves the right, in their sole discretion, to
disqualify the entry;
(c) unless
prohibited and/or subject to any mandatory restrictions or limitations of the
law or regulations that apply to you release the Sponsor and each of the
Sponsor Entities (individually and/or collectively, the "Released
Parties") from any liability 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
Race or any prize (including, without limitation, claims, costs, damage to or destruction of property, rights of publicity
or privacy, defamation or portrayal in a false light, whether
under a theory of contract, tort (including slight 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) will each be required to
execute and deliver to the Sponsor a signed Affidavit 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.
10. Winners List; Official Rules. For a copy of the winners list, send a stamped, self-addressed,
business-size envelope after November 15, 2008 and before December 31, 2008 to
the Sponsor at the following address: "Xfire Race to level 80" -
Winners List Request, c/o Xfire, 1351 Fourth St., Santa Monica, CA 90401,
USA. To obtain a copy of these Official Rules you may go to http://www.xfire.com/clans/ggame/forums/109764/topic/367281/ or send a stamped, self-addressed business-size envelope to the
Sponsors at: "Xfire Race to level 80" – Official Rules Request, c/o
Xfire, 1351 Fourth St.ents of France may
omit return postage and any postage expenses at the normal rate will be
reimbursed to entrants upon written request made to that address.
11.
Miscellaneous. The Race and these Official Rules
and all materials, documents, affidavits, releases and other agreements and
obligations referred to and related to this Race shall be governed, construed
and interpreted under the laws of Germany. Entrants agree to comply with and be
bound by these Official Rules and by the decisions of the Sponsor and the
judges, which are final and binding in all respects. The Sponsor reserves the
right to change these Official Rules at any time, in their sole discretion,
and, without notice modify, suspend or cancel the Race, in whole or in part, or
any entrant's participation in the Race should any causes beyond the Sponsor’s
control or any activity or event affects the administration, security or proper
conduct of all or any part of the Race or if the Sponsor otherwise becomes (as
determined in their sole discretion) incapable of running the Race as planned
or intended by the Sponsor. Entrants who violate these Official Rules, tamper
with the Race or engage in any conduct that is detrimental or unfair to the Sponsor,
the Race or any other entrant (in each case as determined in the Sponsor’s 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. The Sponsor reserves the right to disqualify, prohibit from entry,
participation, voting or otherwise being involved in this Race, any persons
whose eligibility is in question or who have been disqualified or are otherwise
ineligible to enter or participate in the Race 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 Race,
for the Sponsor 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 (except
in France where the license applies only for so long as the applicable
intellectual property rights remain applicable), without notice, attribution,
accounting or compensation of any kind whatsoever.
12. Sponsor. The Sponsor of this Race is Xfire, Inc., with its head
office at
© Copyright 2008 Xfire, Inc.
All rights reserved.
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