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Please read these rules before entering the Contest (the “Contest”). Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and Regulations ("Official Rules") and represents that you satisfy all of the eligibility requirements set forth below.
1. Sponsor. The sponsor of the Contest is 2K Games, a wholly owned subsidiary of the United States company Take Two Interactive Inc. The Sponsor’s address is 2K Games, 10 Hamilton Landing Novato CA 94949, USA.
2. Eligibility & Entry. To enter the contest, create a video including the craziest, most ridiculous, most outrageous BioShock 2 gameplay footage you can create, capture, and edit. Be creative with the weapons and Plasmids – the top entries will awe us or make us laugh hysterically. Your video may not contain copyrighted music or content of any kind other than BioShock 2 gameplay and audio. Upon completion of the edit, navigate to http://www.youtube.com/2kgames and upload your video using the contest section of our YouTube channel. Physical entries will not be accepted. For more information, please see our website at www.bioshock2game.com/contest.
Entrants must be (i) legal residents of the United States (who are not residents of Arizona, Connecticut, Maryland, North Dakota or Vermont), Australia, Canada, the United Kingdom or the Republic of Ireland, and (ii) 18 years of are on date of entry if a resident of the United States or (iii) 18 years of age on the date of entry for residents of all other countries. United States entrants who are minors must have permission from their parents or legal guardians in order to participate.
Directors, officers and employees of Sponsor, its parent, and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to participate or win any prizes. All applicable federal, state and local laws and regulations apply. CONTEST VOID IN THE US STATES OF ARIZONA, CONNECTICUT, MARYLAND, NORTH DAKOTA AND VERMONT AND WHERE OTHERWISE PROHIBITED.
There is no limit on entries, however, all entries must be comprised of original video footage captured and edited by the person who uploaded the video. Entrants may not submit video captured by another person and multiple entries by the same person may not substantially re-use video footage. Sponsor grants entrants permission to use game-captured footage of BioShock 2 only for purposes of creation and upload of entries to the Contest site.
3. Judging. Videos will be judged based on the following criteria: Creativity/Originality 35%, Editing Skill 35%, and Gameplay skill 30%. Sponsor or its designated Contest Judges will independently evaluate and judge all eligible Entries received and select the potential winner on or about June 20, 2010. All judging will be in Sponsor’s sole and absolute discretion and Sponsor’s decisions are final and binding on all matters relating to the Contest. Sponsor reserves the right in its sole discretion to disqualify any entrant that it believes to be tampering with the voting process or engaging in voter fraud, and to disqualify any votes it believes to be fraudulent.
4. Contest Period. The Contest Period starts at 12:01 AM ET on April 28, 2010, and ends 11:59:59 PM ET on June 7, 2010. Eligible videos may be uploaded to http://www.youtube.com/2kgames during the Contest Period. Eastern Time or “ET” is the local time zone for New York City in the United States.
5. Prizes. The Grand Prize winner will be chosen by 2K Games and will win US $5,000 / 3732€ and the Big Daddy Suit from the BioShock 2 Special Edition Unboxing video. Suit may require assembly. Plasmid functionality depicted in the video not included. Suit contains working drill and must be used with extreme caution. Approximate Retail Value (“ARV”) of US $6000 / 4,478€ (excluding Value Added Tax (“VAT”)). Prizes are not transferable. No substitutions or exchanges (including for cash or credit) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize.
If any prize or prize notification email is returned as undeliverable, or potential winner does not respond within seven (7) days of notification, or refuses to execute the applicable documents, the prize will be forfeited. Winners may be required to complete and submit documents including an affidavit of eligibility, publicity release, and/or appropriate tax forms to receive a prize. Sponsor will not replace any lost or stolen prize. If an eligible potential winner is considered a minor in his/her jurisdiction of residence, his/her parent or legal guardian will have to execute the appropriate documents and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian.
Except where prohibited, All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose), except where prohibited by law. TO THE EXTENT ALLOWABLE BY LAW, FEDERAL, STATE, AND LOCAL TAXES, INCLUDING, WITHOUT LIMITATION, AS APPLICABLE, VAT TAXES AND CUSTOMS WHICH ARE ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
In case of dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
6. Collection of Information. The information necessary to conduct the Contest will be collected by Sponsor in accordance with Sponsor’s Privacy Policy available at www.take2games.com/privacy (the “Privacy Policy”). Entrants must agree to the YouTube Terms of Use (http://www.youtube.com/t/terms) and the YouTube Privacy Policy (http://www.youtube.com/t/privacy) By entering the Contest, you give your consent to the collection use and processing, as set forth in the Privacy Policy, by the Sponsor of your personal information provided at registration as well as any further information provided or collected during your participation. In the event that you are a citizen of France, and/or any of the other countries whose citizens are eligible for this Contest, and pursuant to French law and/or other legislation pertaining to data collection and processing, you are informed that the data collector is Take Two Interactive, whose servers and computer systems are based in the United States and therefore stores such data in the United States. Upon request, you will be provided with access to your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to the address provided in the Privacy Policy. You may also withdraw your personal data upon request, however you will be disqualified as an entrant in the Contest if you withdraw your personal data prior to the determination and fulfillment of the prizes.
7. General Release. To the extent permitted by applicable law, by entering the Contest, you release Sponsor and any of its parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Released Parties") from any liability whatsoever, and agree not to make any claims against the Released Parties in respect of any costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest (including, without limitation, participation in the Contest) 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 (including negligence), warranty or other theory. Some jurisdictions do not allow (i) the exclusion of implied warranties on applicable statutory rights; and in the case of the some countries such as Germany, the United Kingdom, and/or The Netherlands, (ii) limitations on a contracting party’s liability with regards to damages or death caused due to its negligence or intentional misconduct, so the above exclusions and limitations may not apply in some cases. All entrants further agree to defend, indemnify and hold harmless YouTube, its parent corporation, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from the conduct or administration of the Contest.
8. Affidavit/Declaration & Release. As a condition of being awarded any prize, winners may be required to execute and deliver to Sponsor a signed affidavit/declaration of eligibility and acceptance of these Official Rules and release of liability, as permitted by applicable law. Failure to return a signed affidavit/declaration within five (5) days may result in forfeiture of prize. Potential winners are responsible for ensuring return of all required materials; proof of sending will not be considered proof of receipt by Sponsor.
9. Winners List; Rules Request. A list of winners will be posted at www.bioshock2game.com/contest no later than September 1, 2010 and until December 31, 2010. For a copy of the winners list, send a stamped, self-addressed, business-size envelope after September 1, 2010 and before December 31, 2010 to Sponsor at the address listed below, Attn: BioShock 2 Video Contest: Winners List, 2K Games, 10 Hamilton Landing, Novato, CA 94949. To obtain a copy of these rules, visit www.bioshock2game.com/contest or send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: BioShock 2 Video Contest: Rules, 2K Games, 10 Hamilton Landing, Novato, CA 94949.
10. General Rules: By entering the Contest, you accept and agree to be bound by these Official Rules and the decisions of the Sponsor. The Sponsor is not responsible for late, lost, delayed, incomplete, corrupt, or misdirected entries, responses, paper entries or other correspondence, whether by internet transmission, e-mail or postal mail or otherwise, or for theft or destruction or unauthorized access or alterations of entry materials, phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. Except where prohibited by law, by participating in the Contest, entrant releases Sponsor, its parent, and their affiliates, subsidiaries, directors, officers, employees, sponsors, and agents, including advertising and promotion agencies, from any and all liability with respect to the Contest or the acceptance, possession or use of any prize, including without limitation (i) any condition caused by events beyond Sponsor's control that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; and (iii) any printing or typographical errors in any materials associated with the Contest. Sponsor's decisions in all respects relative to the Contest are final. Except where prohibited by law, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to the entrant. Sponsor reserves the right to disqualify any winner, as determined by Sponsor in its sole discretion.
11. Additional Conditions: Except where prohibited by law, to accept any prize, winner consents to the use of his/her name, photo and/or likeness, biographical information, winning entry and statements attributed to winner (if true) for advertising and promotional purposes without additional compensation. All entries are User Created Content subject to the Software EULA contained in the game and may be used by Sponsor in any manner without any further notice or compensation.
12. Disputes: Except where prohibited by law: (a) As a condition of participating in this Contest, entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective; (b) Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (e.g., costs associated with entering this Contest), and entrant further waives all rights to have damages multiplied or increased; and (c) The arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
13. Governing Law and Jurisdiction: Except where prohibited by law, this promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Arbitration Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York, County of New York.
14. Miscellaneous. In the event of any conflict between the English version of these Official Rules and any translation, the English version shall prevail. The invalidity or unenforceability of any provision herein shall not affect in any way the validity and enforceability of any other provision in these Official Rules.
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