OFFICIAL RULES CURSE DESTINY CONSOLE EDITING CONTEST (THE “CONTEST”)
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
2. Disclaimer. To the fullest extent permitted by applicable law, Sponsor, any third party appointed by Sponsor to assist with the administration of the Contest (each a “Contest Administrator”) (if any), and any of their respective parent companies, subsidiaries, affiliates, directors, members, shareholders, officers, professional advisors, employees and agencies (collectively, the “Contest Entities”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer-related or communications-related malfunctions or failures or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to play or participate, or by any human error that may occur in winner notification or other Contest-related communications, or the processing, review, or tabulation of the entries in this Contest; (c) any Contest-related disruptions, injuries, losses or damages caused by events beyond the control of the Contest Entities; or (d) any printing or typographical errors in any materials associated with the Contest, for reasons beyond Sponsor’s control. If, by reason of a printing or other error, within the official advertising for the Contest carried out by or on behalf of the Sponsor, the entrants reasonably believe that more prizes are available to be won as part of the Contest than the number set forth in these Official Rules, all persons making purportedly valid claims for such additional prizes will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded.
3. Contest Period. The Contest shall commence on September 6th 2013 at 12:00 AM PDT and end on November 15th, 2013 at 11:59:59 PM PDT (the “Contest Period”). All entries must be received during the Contest Period to be eligible to win a prize. Sponsor or, if applicable, its Contest Administrator’s clock shall be the sole method of time keeping for the Contest and Sponsor’s decision as the whether an entry has been received during the Contest Period shall be final.
4. How to Enter the Contest. During the Contest Period you may enter the Contest by making contributions (or “edits”) to the wiki located at http://destiny.gamepedia.com. A user's complete contribution history, as automatically recorded by the MediaWiki platform will constitute their entry.
All Submissions are subject to the following terms and conditions:
Each entrant shall retain its ownership interest and applicable intellectual property rights in and to its Submission. However, each entrant hereby grants Sponsor, and its agents, affiliates, successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, fully-paid and royalty-free, sub-licensable and transferable license to use, distribute, transmit, display, make derivative works of and utilize all Submissions in any manner and for any purposes including, but not limited to, Sponsor’s advertising and marketing endeavors. Each Submission is, and will be treated as, non-confidential and non-proprietary. Sponsor retains the right to subsequently edit or otherwise modify all Submissions in any manner and for any purpose, but is under no obligation to do so. Each entrant hereby represents, warrants and undertakes that it owns the Submission (and the content therein) submitted by it, or that it otherwise ahs the right to grant use thereof as set forth in this section, and that the use of said Submission in accordance with these Official Rules will not violate the privacy rights, intellectual property rights (including without limitation, copyright and trademark rights), contract rights, music performance and publishing rights, or any other rights of any person or entity. Sponsor reserves the right to use the Submission for any purpose, including, but not limited to, online Internet and wireless application protocol use, reproduction, disclosure, advertising and promotional activities, distribution, transmission, publication, and broadcast. Sponsor reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Submission for any purpose, including, but not limited to, developing and marketing products and/or services using such information, and each entrant acknowledges and understands there shall be no consideration, royalties or other compensation from Sponsor, its agents, affiliates or assigns for use of said Submission or the content therein. Further, to the fullest extent permitted by applicable law, each entrant (and his or her parent or legal guardian in the event entrant is a minor) and his or her respective heirs, hereby indemnifies, discharges, releases, and holds Sponsor and the Contest Entities together with their respective parents, agents, affiliates, successors and assigns and their respective directors, members, shareholders, officers, employees, agents and representatives (collectively, the “Released Parties”), harmless from any action and/or liability, in any form or manner, arising from such entrant’s failure to comply with these Official Rules and/or any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the Submission. If you do not agree to these terms, do not enter the Contest.
5. How To Win: Based on the judging criteria below, Sponsor shall determine the winners by no later than November 20th, 2013 from all eligible Entries received during the Contest Period. The Submission that Sponsor and/or the Contest Administrator(s) (as applicable) determines (acting in their sole discretion) best meets the judging criteria as defined below will be deemed the winner. Runner's up prizes shall also be determined by Sponsor using the judging criteria set forth below.
6. Prizes. a. Grand Prize. A total of 1 Grand Prize consisting of one (1) Playstation 4 Console and one (1) copy of Destiny will be awarded. The approximate retail value (“ARV”) of the Grand Prize is $560.00.
b. Runners Up. A total of 3 Runners Up prizes consisting of one (1) copy of Destiny will be awarded. The approximate retail value (“ARV”) of the Runners Up prize is $60.00.
The total ARV of all prizes awarded in the Contest is $740.00.
Prize winners will be notified by email or any other appropriate method (at Sponsor’s discretion) using the contact details for the prize winner contained within their Entry for the Contest or set out in such winner’s registered account for the Site at such date within forty-eight (48) hours after determination by Sponsor. To claim a prize, winners must follow the instructions contained in their notification and, if applicable, sing the enclosed Winner’s Affidavit and return it to the address below or as otherwise communicated by Sponsor or its designee. Sponsor, at its sole discretion may require copies of the winner’s government-issued photo identification (or if a minor, his/her parent’s or legal guardian’s ID). If a winner does not claim their prize and, if requested by Sponsor, submit a signed Winner’s Affidavit and/or copy of their identification by November 31st, 2013, that winner may be deemed to have forfeited the Contest and its prize, and Sponsor may, at its sole discretion, select an alternate winner. Further, in the event that Sponsor (or its designee) is unable to successfully contact or communicate with a winner, Sponsor may award the prize to an alternate entrant. Awarding of a prize does not constitute the respective prize-providing entities’ affiliation with, sponsorship, or endorsement of, the Contest.
ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. All prizes will be awarded provided there are sufficient qualified entries. Prizes returned as undeliverable, or for reasons beyond the Sponsor’s control, may be forfeited and/or awarded to an alternate winner. The prize is not replaceable if lost, damaged or stolen. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize in its sole discretion. There is a limit of one (1) prize per household or address. All prizes are awarded “AS IS” and Sponsor makes no representations or warranties regarding the quality of any prize and any conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law. Any complaints in relation to any prize must be directed to the relevant third party prize manufacturer or provider of such prize.
Sponsor may provide a federal 1099 financial reporting form to U.S. residents and a W8-BeN reporting form for Canadian residents, as applicable. If so provided, the respective form must be executed and returned to Sponsor per the instructions provided by the Sponsor.
7. Judging. Winners shall be chosen by Sponsor in its sole discretion based upon the following criteria: (i) Accuracy of information; (ii) consistency of editing; and (iii) proper use of wiki mark-up and style, with equal weight being given to each criterion. All decisions by Sponsor are final. If you do not agree to these terms and conditions, do not enter the Contest.
8. Tie-Breaking. In the event of a tie between two or more Entrants, each entrant may be required to provide an additional Submission which shall be judged per the judging criteria as set forth above.
10. Representations and Warranties. You hereby warrant and represent that (a) you own, or otherwise control all rights to the Submission and all entry materials submitted by you; (b) all such Submissions are original works of authorship on your part and have not been copied or derived, in whole or in part, from any other work; and (c) all such Submissions do not violate misappropriate or infringe upon any copyright, trademark, right of publicity, or other proprietary right of any other person or entity.
11. General Release. Subject to the remaining provisions of this section 11, by entering the Contest, you release and hold the Released Parties harmless from any liability whatsoever in the event of personal injury, property damage, or death, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest, use of the Site, or delivery, misdelivery, acceptance, possession, use of or inability to use 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, warranty or other theory, to the extent permitted by law. Each entrant hereby waives application of California Civil Code Section 1542 which provides as follows:
A GENERAL RELEASE DOES NOT EXTENT TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Entrant expressly waives the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waives any right to invoke said provisions now or in the future with regard to the Contest. Entrants and the winner further acknowledge and agree that this waiver is an essential and martial term of these Official Rules and the Contest.
12. Winners List; Official Rules Request. For a copy of the winners list or the Official Rules, send a stamped, self-addressed, business-size envelope to Sponsor’s address below, Attention, [GAME] Console Editing Contest by no later than January 15th, 2014. Residents of WA and VT may omit return postage for Official Rules requests.
13. Governing Law and Jurisdiction. You agree that the laws of the United States of America and the laws of the State of California, without regard to the principles of conflict of laws, will govern the Contest and these Official Rules. You irrevocable submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in San Francisco County, California, and the related appellate courts, in any related action or proceeding. As a condition of participating in the Contest, you agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Official Rules shall be resolved individually, without resort to any form of class action. Further in any such dispute, under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental or consequential damages (including reasonable attorneys' fees), other than your actual out-of-pocket expenses (i.e. costs associated with entering this Contest) and you further waive all rights to have damages multiplied or increased.
14. Miscellaneous. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the limited right to suspend, modify, or otherwise change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant's participation in the Contest in the event that viruses, bugs, network interruptions or failures, unauthorized human or electronic intervention or other causes beyond Sponsor's control affect the administration, security or proper function of the Contest or the Site, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned. Automated entries are prohibited, and any use of such automated devices will cause disqualification. Entrants (and any individuals acting on their behalf) who violate these Official Rules, tamper or otherwise interfere with the operation of the Contest, the Site, or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification at any time during the Contest Period. Sponsor reserves the right to suspend, or otherwise disqualify persons whose eligibility is in question or who have been disqualified or are otherwise deemed to be ineligible to enter and/or further participate in the Contest. This may include removal of the entrant’s Submission(s). In connection to, and in event of all of the foregoing, an entrant may become ineligible to win a prize.
15. Digital Millennium Copyright Act. Pursuant to the Digital millennium Copyright Act, if an individual or an entity has a good faith belief that a Submission infringes upon any third party copyright, please notify us by mail at Sponsor’s address set out in section 16 below, attention Copyright Department, or by email at email@example.com with the subject line stating “Copyright” (a “Copyright Notice”). The Copyright Notice MUST include the following: (i) describe the alleged infringement in detail; (ii) the copyright owner or who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) any DMCA notice must also contain the following statement:
“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”
16. Contest Sponsor and Promoter. Curse Inc., 60 Broadway, San Francisco, California 94111.