Atari Test Drive Unlimited 2 “Superfan Showdown” Online Contest
EU/AU/CA Official Rules
3. ELIGIBILITY: Contest is open only to legal residents who are at least twenty-one (21) years of age United Kingdom, Poland, Russian Federation, Netherlands, Canada, Sweden, Australia, Hungary, France and Finland (“Eligible Entrant”). Void 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 December 17, 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 won either a contest or sweepstakes involving the Contest Entities within the year immediately prior to December 17, 2011, 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 Contest and submit Media Asset(s) via the following link http:// www.testdriveunlimited2.com/contest_register (“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. Media Asset must be original of the Entrant’s own creation. Entrant may submit a maximum of one Media Asset 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 all that entrant’s entries and that entrant may be disqualified. Sponsor is not responsible for lost, late, incomplete, invalid, corrupt, unintelligible or misdirected registrations, which will be disqualified.
Media Asset Requirements
Media Asset must meet the following content restrictions:
The following terms apply to an Entrant’s Contest Entry and use of the Media Asset. Each Entrant understands that his or her name and entry may be posted on Atari.com, testdriveunlimited2.com, and their associated social media channel such as Facebook.com, Youtube.com and Twitter.com (the “Websites”) in connection with the Contest. By entering the Contest, each Entrant acknowledges and agrees that Entrants are granting Contest Entities and Sponsor an exclusive license to use the Media Asset in connection with, and solely as a part of, the Contest and/or the Game.
5. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant represents and warrants as follows: (i) the Media Asset is the Entrant’s own original, previously unpublished, and previously unproduced work; (ii) use of the Media Asset by Contest Entities and/or Sponsor as permitted by these Official Rules 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 Media Asset does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant hereby agrees to reimburse the Contest Entities and/or Sponsor in respect of any and all expenses, costs and other liabilities and expenses relating to or arising out of any breach by Entrant of his or her obligations under these Official Rules.
6. MATERIALS/RIGHTS IN MEDIA ASSETS: 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 Media Asset 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 Media Asset, 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: Media Assets will be judged during the Promotion Period by Contest Entities who are employees of either Sponsor or its public relations firm (the “Judging Panel”) and by open voting by users to evaluate and select the potential Winners. All decisions of the Judging Panel are final in all aspects of the Contest. Media Assets will be judged and selected based on originality/creativity 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 within thirty(30) days after the judging date.
9. PRIZE/ODDS OF WINNING: 1st through 3rd place Winners will each receive AMD video cards and a retail copy of Test Drive Unlimited 2. 4th through 10th place Winners will receive a retail copy of Test Drive Unlimited 2. 11th through 20th place Winners will receive a digital download code for Test Drive Unlimited 2 Casino Online. Copies of Test Drive Unlimited 2 may be provided as physical media and/or digitally distributed media. Odds of winning will depend on the number of qualified entries received as well as other factors.
10. RELEASE AND GRANT OF RIGHTS: Except and to the extent that such claims or causes of action result from either breach of these Official Rules by a Contest Entity or from personal injury or death caused by negligence on the part of a Contest Entity, Entrant agrees to release and compensate 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 Entrant's breach of these Official Rules. Selected winning Entrants hereby grant to Contest Entities, as well as their designees, licensees, successors and assigns, the 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 and register as a trade mark in any country in the name of the Sponsor (a) such Media Asset, 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 relating to this Contest 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 Media Asset on the Websites. Each Entrant shall compensate 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, which might arise from the Media Asset being submitted in breach of these Official Rules. Sponsor makes no guarantee that a winner’s Media Asset will be integrated into any release of the Game and reserves the right not to integrate a Media Asset for any reason. Sponsor shall have no obligation (express or implied) to use any Media Asset, or to otherwise exploit a winner’s Media Asset or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of a winner’s Media Asset 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 Media Asset 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 Media Asset with a Media Asset of an alternate eligible Entrant in accordance with these Official Rules if such Media Asset 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 other circumstance beyond the reasonable control 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 Media Assets 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 Media Asset 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 unless they result from any negligence or breach of these Official Rules by a Contest Entity; (vi) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising there from other than death or personal injury caused by negligence on the part of a Contest Entity; 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.
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 Test Drive Unlimited 2: Superfan Showdown Contest EU Winner/Rules, 417 Fifth Avenue, New York, NY, 10016. Requests for the names of the winner must be received no later than March 31, 2011.
16. SPONSOR/ADMINISTRATOR: Atari, Inc., 417 Fifth Avenue, New York, NY, 10016.