Contest Rules - USA

Atari Test Drive Unlimited 2 “Name A Track” Online Contest
Official Rules

1. DESCRIPTION: The Atari “Name A Track” Online” Contest (“Contest") provides entrants with the opportunity to name a multi player race track (“Track Name”) in the Test Drive Unlimited 2 game (the “Game”). The administrator and sponsor of this Contest is Atari, Inc. ("Sponsor’). The Contest is subject to all applicable federal, state and local laws and regulations.


  • Contest “Submission Period”: The contest Submission Period begins on June 4, 2010 12:01 a.m. Pacific Time (“PT”) and ends on June 14, 2010 at 6:30 p.m. PT (the “Promotion Period”). Sponsor’s computer is the official time keeper of the Contest.
  • Winner Announcement: The winner will be announced on or about July 31, 2010.

3. ELIGIBILITY: Contest is open only to legal residents who are at least twenty-one (21) years of age of the fifty (50) United States and Washington D.C., except for residents of Iowa, Maryland, North Dakota, Tennessee, and Vermont, (“Eligible Entrant”). Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other U.S. territories and possessions and where prohibited by law. Any individuals (i) (including but not limited to employees, consultants, independent contractors and interns) who are currently or who have within the six months immediately prior to June 4, 2010, held employment with or performed services for Sponsor or any organizations affiliated with the sponsorship, fulfillment, administration, support, advertisement or promotion of the Contest (collectively, "Contest Entities") or (ii) that have either won a contest or sweepstakes involving the Contest Entities within the year immediately following June 4, 2010, are not eligible to enter or win. Immediate family and household members of such individuals are also not eligible to enter or win. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.

4. HOW TO ENTER: ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. To enter, entrants must sign up for the Test Drive Unlimited 2 beta and submit suggestions for a Track Name via the following link (“Contest Entry”). The "Entrant" is the natural person assigned the email address utilized by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. If any group elects to collaborate on a Contest Entry, they are required to designate (1) person as the agent of the group to enter the Contest and agree to these rules on behalf of the group. Neither Sponsor nor any of the Contest Entities are liable for any disputes between collaborators arising under or related to the Contest. Entrant must provide all information requested to be eligible to win. Track Name must be original of the Entrant’s own creation. Entrant may submit a maximum of one Track Name per day. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different, names, email addresses, identities or any other methods will void that entrant’s entry and that entrant may be disqualified. Sponsor is not responsible for lost, late, incomplete, invalid, corrupt, unintelligible or misdirected registrations, which will be disqualified.

Track Name Requirements

Track Name must meet the following content restrictions:

  • Track Name must NOT contain material which is sexually explicit, obscene, pornographic, violent, (e.g., relating to murder, the sales of weapons, cruelty, abuse, and etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, and etc.), offensive, threatening, profane, or harassing;
  • Track Name must NOT have been previously submitted to another Contest, or submitted to any entertainment entity that would conflict with this Contest, as determined in the Contest Entities’ sole discretion; and
  • Track Name must NOT include third party trademarks, logos or insignias

Entrants who submit a Track Name which, in the Sponsor’s sole discretion, violate any of these requirements will be deemed ineligible to enter the Contest and/or be selected a winner. Contest Entities reserve the right to disqualify, in their sole and absolute discretion, any Track Name deemed inappropriate or that does not comply with the Terms of Use located at Track Name may not contain any derogatory references to any Contest Entities. Contest Entities reserve the right to determine in their sole discretion which entries have satisfied the entry requirements.

The following terms apply to an Entrant’s Contest Entry and use of the Track Name. Each Entrant understands that his or her name and materials may be posted on the website and/or the Eden Studios website ( (together and shall be known as the “Websites”) in connection with the Contest. By entering the Contest, each Entrant acknowledges and agrees that: (a) Contest Entities are granting Entrants a limited, non-exclusive license to use the Track Name in connection with, and solely as a part of, the Contest, (b) Entrants shall have no right, title or interest in Track Name, and (c) any use of the Track Name other than as permitted by these Official Rules may constitute copyright infringement and/or trademark infringement.

5. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) the Track Name is the Entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Track Name does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iii) the Track Name does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder, or from Entrant’s participation in the Contest.

6. MATERIALS/RIGHTS IN TRACK NAMES: All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Track Name to Contest Entities for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Track Name, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the release forms (as described below).

7. CONTEST JUDGING: Track Names will be judged by Contest Entities who are employees of either Sponsor or its public relations firm (the “Judging Panel”) to evaluate the select the potential Winners. All decisions of the Judging Panel are final in all aspects of the Contest. Track Names will be judged and selected based on originality/creativity criterion and adaptability to the Game.

8. VERIFICATION OF POTENTIAL WINNERS: ALL POTENTIAL CONTEST WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. A potential Contest winner will be notified by email, telephone, or registered mail after the judging date.

9. PRIZE/ODDS OF WINNING: Winning submissions will have no monetary value or any other prize awarded other than having Entrant’s Track Name in the Game. Odds of winning will depend on the number of qualified entries received as well as other factors.

10. RELEASE: Entrant agrees to release and hold harmless Contest Entities and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest, or the Contest Entry. To the extent applicable, selected winning Entrants hereby grant to Contest Entities, as well as their designees, licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, irrevocable, fully paid, universal right and license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display and otherwise exploit (a) such Track Name, or any portion thereof, including to the extent applicable, any information, biographical data, and material submitted by Entrant in connection with the Contest; and (b) except where prohibited by law, the right to use Entrant’s name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe in any media now known or hereafter devised, including, but not limited to, all forms of electronic media, print media and all forms of Internet and wireless protocol.

11. RIGHTS OF CONTEST ENTITIES/ DISCLAIMER OF LIABILITY: Entrant agrees that the Contest Entities have no obligation to post a Track Name on the Websites. Each Entrant releases the Contest Entities, and their designees, successors, assigns and licensees, from any and all claims or liability (now known or hereafter arising), including, but not limited to, any claims for defense and/or indemnity, in connection therewith. Sponsor makes no guarantee that a winner’s Track Name will be integrated into any release of the Game and reserves the right not to integrate a Track Name for any reason. Sponsor shall have no obligation (express or implied) to use any Track Name, or to otherwise exploit a winner’s Track Name or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of a winner’s Track Name for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof. Contest Entities shall have the right and sole discretion to edit, to refuse to publish or cease to publish any Track Name whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with all of Contest Entities requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. Contest Entities also reserve the right to replace a winning Track Name with a Track Name of an alternate eligible Entrant in accordance with these Official Rules if such Track Name and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant’s failure to have documents executed as directed by the Contest Entities. Contest Entities also reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to terminate the Contest for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Contest or the Contest Entities and, in such situation, to select the winner from the eligible Characters received prior to the action taken or in such manner as deemed fair and appropriate by Contest Entities. The Contest Entities are not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of Character creation. The Contest Entities are not responsible for the content or practices of third party websites that may be linked to the Websites. This site may also be linked to websites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices.

12. GENERAL TERMS AND CONDITIONS: By participating, Entrant agrees that the Contest Entities and each of their respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisors, and each of their respective employees, shareholders, officers, and directors are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable e-mail, Entries, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Contest Entities that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Contest Entities reserve the right, in its sole discretion, to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Contest Entities. Contest Entities reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in their sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Contest Entities may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest and to select potential winning Entries from those and to select winners from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension.

13. DISPUTES: All issues and questions concerning the arising out of or connected with this Contest, the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. In the event of a claim or dispute, Entrant’s sole remedy shall be limited to the remedy at law for damages, if any, and Entrant shall not have the right to in any way enjoin or restrain the distribution, advertising, publicizing or other exploitation (in any form of media) of the websites, the Contest, and/or any intellectual property owned or licensed by the Contest Entities or their respective parent companies and affiliated entities. Other than for actual out-of-pocket expenses, under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental and consequential damages, any other damages, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

14. PRIVACY POLICY: Any personal information supplied by you will be subject to the privacy policy posted at By entering the Contest, Entrant grants Sponsor permission to share your email address and any other personally identifiable information with the other Contest Entities for the purpose of Contest administration and winner selection. Additionally, by opting-in to specific offers from any of the Contest Entities, entrant’s entry information will be subject to their respective privacy policies and terms of service and Entrant agrees to receive additional email communication from those companies.

15. WINNER/OFFICIAL RULES: To obtain a copy of the Winner’s List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to “Atari Name A Track Online Contest Winner/Rules, 417 Fifth Avenue, New York, NY, 10016. Requests for the names of the winner must be received no later than August 31, 2010.

16. SPONSOR/ADMINISTRATOR: Atari, Inc., 417 Fifth Avenue, New York, NY, 10016.