Leipzig Live Emote Contest Rules

“Tabula Rasa” Live Emote Contest ("Contest") Official Rules and Conditions (Europe)

1. SPONSORS’ DETAILS

This Contest is sponsored by:

a) NCsoft Europe Ltd (“NCsoft”) at Fifth Floor, Mocatta House, Trafalgar Place, Brighton BN1 4DU, United Kingdom; and
b) Destination Games, care of NCsoft Corporation, 6801 N. Capital of Texas Hwy, Bldg 1, Ste 102, Austin, TX 78731, U.S.A.

(collectively the “Sponsors”).

2. ENTRY REQUIREMENTS AND ELIGIBILITY

2.1 To be eligible to enter this Contest you must:

a) as of Sunday 24 August 2008 be 18 years of age;
b) have Internet access, access to a Personal Computer and an email account (please ensure that you have sought permission from the person who pays the bill for accessing the Internet), and
c) be a resident of the European Union.

2.2 Here is what you must do to enter this Contest:

a) Come to the NCsoft booth 20, Hall 3 before 3:30PM on Sunday 24 August 2008;
b) Register for the Live Emote contest by reading the Official Rules and Conditions, and agreeing to them by signing the appropriate document;
c) Include the following information:

(i) Your real name (first/last);
(ii) Your age;
(iii) Your location: city, County/province, country;
(iv) A contact phone number (this will not be shared with anyone and only utilised if we need a second method of contacting you regarding this Contest);
(v) Preferred email address; and
(vi) The name of your emote.

d) Your entry must be in German, English or French.
e) Your entry must be your original work and must not infringe the intellectual property rights of any third party.
f) Only one entry per person is permitted.

2.3 The following people are not eligible to enter this Contest:

a) employees of the Sponsors;
b) employees of each Sponsor’s parent company, affiliate, or subsidiary;
c) employees of any advertising, promotion or publicity agency who represent either or both Sponsors;
d) those persons who are immediate families members of the employees stipulated in clauses 2.3(a) to (c).  For the purposes of this clause, “immediate family members” shall mean parents, children, siblings and spouses, regardless of where in the world they reside; and
e) those persons living within the same household of the employees stipulated in clauses 2.3(a) to (c).

2.4 You will be disqualified from this Contest if anyone mentioned in clause 2.3 participates in this Contest for you.

2.5 Your entry to this Contest must not infringe any patent, copyright, trademark or any other intellectual property right, or any privacy, publicity or publishing rights of any third party, and must not be defamatory, obscene or otherwise contrary to applicable law.

2.6 You agree to the recording of the performance which constitutes your entry into this Contest by, or on behalf of, the Sponsors and hereby grant to the Sponsors all rights including without limitation all rights of use related to the copyright or performers’ property rights and under any legal system that allows such transfer the copyright and performers’ property rights in your performance and all consents necessary to enable the Sponsors to make the fullest use of your performance worldwide in perpetuity in any and all media, whether now known or hereafter developed or discovered, without payment – except the prizes as set out below, liability (save as specifically set out in this agreement) or acknowledgement to you.

2.7 It is your responsibility to make sure that you comply with all of the conditions for entry into this Contest. 

2.8 This Contest is void if prohibited by applicable law.

3. DURATION

This Contest begins at 16H00 (BST +1) on Sunday 24 August 2008 and may last for up to or over 2 hours.

4. SELECTION OF WINNING ENTRIES

4.1 The Winner will be determined by representatives of the Sponsors, and will be judged on the following criteria: originality, creativity and presentation.  The winning entry will be determined by representatives of Destination Games and the winner will be notified via e-mail and announced on the Tabula Rasa web site (www.rgtr.com) no later than 30 (thirty) days after the Contest Conclusion. 

4.2 If a potential winner:

a) has been contacted by the Sponsors via email and he/she has not responded within 5 calendar days from the first notification attempt by the Sponsors; or
b) is found to be ineligible for whatever reason; or
c) has been disqualified by the Sponsors for whatever reason; or
d) does not comply with these Official Rules and Conditions; or
e) has responded to the first notification attempt by the Sponsors but does not subsequently sign and return to NCsoft, the Contest Winner Agreement below; or
f) refuses or is ineligible to accept the prize, the prize will be forfeited and an alternative winner will be selected.

4.3 If you are selected as the winner of this Contest you must sign the Contest Winner Agreement in the form set out in these Official Rules and Conditions in order to claim the prize.  Your entry will not be returned to you.

5. PRIZES

5.1 The following prize package will be given to the first place prize winner (selected in accordance with clause 4) who meet the eligibility requirements and comply with these Official Rules and Conditions:

a) Their emote will be added into the Tabula Rasa game (Retail Value: $0);
b) a set of limited edition dog tags (Retail Value: £5); and
c) a standard retail game box signed by members of the development team (Retail Value: £29.99/44.99€/$49.99).

5.2 Prizes are not transferable.  Prizes cannot be substituted for a cash alternative or other goods and services.  However, the Sponsors reserve the right to provide substitute prizes of approximately equal value to those stated in clauses 5.1. Taxes on prizes (including, without limitation, income or withholding taxes), if any, as well as all expenses not specifically included in these Official Rules and Conditions, are the sole responsibility of each winner.

5.3 The First Prize Winner will have their submission, real name, user or screen name along with their province and/or country of residence posted on the Tabula Rasa web site (http://www.rgtr.com/). Further the participants agree that the Sponsors are entitled to produce audio and video footage of the contest, and publish such video footage in whole or in parts or as photos on the Sponsors discretion on any web site owned by the Sponsors or their affiliate companies, together with any promotional or other activities concerning the Sponsors or their products in any media whether online or in tangible form and to use such footage as additional bonus content in any of the Sponsors products. The participants agree that only the winners will be mentioned by name. To showcase our members of the game community, winners may be asked to answer some questions, provide personal information or to send the Sponsors a personal headshot photo. This information will be used to recognize the winner on the pages of www.rgtr.com, but is not necessary to claim the Prize. 

6. PRIVACY POLICY

6.1 NCsoft will collect personal information from you when you enter this Contest. The collection and use of any personal information by NCsoft is subject to NCsoft’s Privacy Policy. 

6.2 Please note that any personal information you provide to NCsoft may be shared with its affiliated offices, which may involve your personal information being transferred outside the European Economic Area to the U.S.A. for the purposes of processing by [PlayNC], Destination Games or any other NCsoft affiliated company.  Any transfer of personal information outside of the European Economic Area will be done in circumstances which ensure that the personal information is transferred and processed only in accordance with NCsoft’s Privacy Policy and the Data Protection Act 1998.  By providing your personal information to NCsoft, you consent to this transfer.

7. GENERAL CONDITIONS

7.1 By participating in this Contest you agree:

a) to all of the terms and conditions set out in these Official Rules and Conditions;
b) that the Sponsors may post your submission, real name, user or screen name and province and/or country of residence on the Sponsors’ websites and in any and all publicity and advertising for the Sponsors, this Contest or any other promotions by the Sponsors without any further attribution, notification or compensation to you, except where such acts are prohibited by applicable law;
c) to be contacted by the Sponsors or their agents by telephone, mail or e-mail;
d) to sign the Contest Winner Agreement in the form set out in these Official Rules and Conditions; and
e) to assign all of the right, title, and interest in and to your entry to NCsoft.

8. LIMITATION OF LIABILITY

8.1 Nothing in these Official Rules and Conditions shall exclude or limit the Sponsors’ liability for death or personal injury resulting from their negligence or fraud or fraudulent misrepresentation or any liability which cannot be excluded or limited under applicable law.

8.2 Subject to clause 8.1, the Sponsors shall not be responsible for any liability, loss, damage, cost or expense sustained by you arising out of, or in connection, with your entry into this Contest unless caused by the Sponsors due to gross negligence or intent.

8.3 The Sponsors will not be responsible in any circumstances for lost, late, incomplete, incorrect, unintelligible or misdirected entries to this Contest.  Such entries shall be considered void.  Use of a false name, username, mailing address or email account will disqualify an entry to this Contest and will also disqualify the individual who submitted the entry.

8.4 Use of obscenities, racist, sexist, hateful or other material or depictions that, in the Sponsors’ opinion, are inappropriate or offensive, will disqualify an entry to this Contest.

8.5 The Sponsors are not responsible in any circumstances for damage caused by, or arising out of hardware or software malfunctions, lost or unavailable network connections, server unavailability due to technical, capacity constraints or other issues, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic or other communications.  The Sponsors shall not be responsible if you are unable to take part in this Contest due to the foregoing.

8.6 The Sponsors, in their sole discretion, can disqualify, from this Contest and any other Contest conducted by the Sponsors, any person who, in the Sponsors’ reasonable suspicion, tampers with the entry process to this Contest and/or the operation of the web site (www.rgtr.com), and/or who otherwise violates these Official Rules and Conditions or any of part of the Tabula Rasa User Agreement (http://eu.plaync.com/eu/help/useragreements/user_agreement_tabula_rasa/). The Sponsors reserve the right to terminate, suspend or modify this Contest, in whole or in part, at any time and without prior notice, if, in the Sponsors’ judgment, the Contest is altered, corrupted or cannot be completed as planned due to computer virus, bugs, tampering, unauthorized intervention, technical failures, or other conditions or circumstances beyond the Sponsors’ control.

8.7 Subject to clause 8.1, the Sponsors and their parent companies, affiliates, subsidiaries, advertising, promotion and publicity agencies and all of their respective directors, officers, employees, agents, representatives, successors and assigns (collectively “Sponsor Parties”) are not in any way responsible or liable for (and you shall hold the Sponsor Parties harmless from) any liability whether in contract, misrepresentation or otherwise (even if foreseeable) for (i) any special, direct, indirect or consequential loss or damage; (ii) any loss of income, profits, goodwill, data, contracts and anticipated savings; (iii) corruption of data or information; and (iv) business interruption unless caused by the Sponsor due to gross negligence or intent.

8.8 The Sponsors are not responsible for any failure to contact winners, whether due to technical or human error or to circumstances beyond their control. All of the Sponsors’ decisions regarding the application and interpretation of these Official Rules and Conditions are final.

9. GOVERNING LAW AND JURISDICTION

9.1 These Official Rules and Conditions and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with English law.
9.2 Should any condition contained in this Contract prove unenforceable, void or incomplete, the validity of the other conditions will remain unaffected.

© 2008 NCsoft Europe Ltd. All rights reserved. NCSOFT, the Interlocking NC Logo, Tabula Rasa, PlayNC and all associated logos and designs are trademarks or registered trademarks of NCsoft Corporation. All other company and product names are trademarks or registered trademarks of the respective owners with which they are associated.

CONTEST WINNER AGREEMENT

This Agreement is made and entered into on ___ August/September 2008, by and between NCsoft Europe Ltd. (the “NCsoft”) and _______________________[please insert name of individual] at ___________________________________________________________________________________________________ (“Winner”). 

BACKGROUND:

WHEREAS, NCsoft conducted a Contest titled the “Tabula Rasa Live Emote Contest” (the “Contest”) in which entrants submitted their interpretation of an emote.

WHEREAS, NCsoft has selected Winner as a winner of the Contest.

WHEREAS, Winner owns all right, title and interest in and to the submission provided to NCsoft as part of Winner’s Contest entry, as set forth on Exhibit A attached hereto (collectively, the “Submission”).

WHEREAS, Winner agreed as part of the Contest rules to assign all of the right, title, and interest in and to the Submission to NCsoft.

WHEREAS, NCsoft wishes to acquire the entire worldwide right, title and interest in and to the Submission, and in and to any and all forms of protection thereon granted or existing.

NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration the receipt and sufficiency of each which is hereby acknowledged, NCsoft and Winner do hereby agree as follows:

1. Publicity and Liability Release.

Winner hereby gives NCsoft and its divisions, subsidiaries, affiliates, and agencies full permission and authority to use his or her likeness, photograph, name, name of hometown, and any comments that Winner makes/answers to questions Winner provides, or other information that Winner provides about himself or herself, Winner’s prize, this Contest, the Submission or Tabula Rasa, for purposes of advertising and promotion related to the Tabula Rasa Live Emote Contest, without any further notification or compensation to Winner, aside from the prize won.  Winner waives all rights of inspection and approval. Winner hereby further releases NCsoft from any and all liability arising out of the exercise of the rights granted in this release, unless NCSoft caused such liability due to gross negligence or intent. Winner warrants that he or she is fully authorized to grant the rights granted in this section.  Winner understands that NCsoft will rely on the contents of this section.

2. Eligibility.

To be eligible to win designated prize, Winner understands that he or she must

(i) be 18 years of age or older,
(ii) have Internet access, access to a Personal Computer and an email account,
(iii) be a resident of Europe.

3. Agreement.

Winner hereby sells, assigns, transfers and conveys to NCsoft all and any rights, title and interest in and to the Submission and all rights of use related to the copyright or performers’ property rights and under any legal system that allows such transfer all copyright together with any and all reversions, extensions or renewals thereof or any other intellectual property rights of whatever nature, whether now known or created in the future, as far as legally possible and under the conditions set out in the relevant copyright acts, to which the Winner is now or may at any time after the date of this Agreement be entitled by virtue of any of the laws in force in any part of the world in the Submission.  Further, you acknowledge and agree that we shall be entitled to edit, copy, add to, adapt or translate the Submission at our discretion.

4. Waiver of Rights.

Winner also hereby irrevocably waives any moral rights and performers’ rights Winner may have in the Submission arising under the Design, Copyrights and Patents Act 1988 or similar rights arising under the laws of any jurisdiction, if and as far as legally possible. 

5. Further Acts.

Winner hereby covenants and agrees to cooperate with NCsoft to enable it to enjoy to the fullest extent the worldwide right, title and interest herein conveyed.  Such cooperation by the Winner shall include prompt production of pertinent facts and documents, giving of testimony, execution of petitions, oaths, specifications, declarations or other papers, and other assistance all to the extent deemed necessary or desirable by the parties for perfecting in said NCsoft the right, title and interest herein conveyed.  Winner agrees that if NCsoft is unable because of Winner’s unavailability, dissolution, mental or physical incapacity, or for any other reason, to secure Winner’s signature to apply for or to pursue any application for any copyright registrations covering the Submission, then Winner hereby irrevocably designates and appoints the NCsoft and its duly authorized officers and agents as Winner’s agent and solicitor in fact, to act for and in Winner’s behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the prosecution and issuance of copyright registrations thereon with the same legal force and effect as if executed by Winner.

6. Footage of the Contest.

Further the participants agree that the Sponsors are entitled to produce audio and video footage of the contest, and publish such video footage in whole or in parts or as photos on the Sponsors discretion on any web site owned by the Sponsors or their affiliate companies, together with any promotional or other activities concerning the Sponsors or their products in any media whether online or in tangible form and to use such footage as additional bonus content in any of the Sponsors products. The participants agree that only the winners will be mentioned by name. To showcase our members of the game community, winners may be asked to answer some questions, provide personal information or to send the Sponsors a personal headshot photo. This information will be used to recognize the winner on the pages of www.rgtr.com, but is not necessary to claim the Prize.

7. Warranty.

Winner represents and warrants to NCsoft that Winner:

(i) is the sole owner of all rights, title and interest in the Submission and the intellectual property embodied therein;
(ii) has not assigned, transferred, licensed, pledged or otherwise encumbered the Submission or any intellectual property embodied therein or agreed to do so;
(iii) has full power and authority to enter into this Agreement and to make the assignment as provided in clause 3;
(iv) is not aware of any violation, infringement or misappropriation of any third party’s rights (or any claim thereof) by the Submission or the expected use by NCsoft thereof; and
(v) was not acting within the scope of employment by any third party when conceiving, creating or otherwise performing any activity with respect to anything purportedly assigned in clause 3.

8. No Amendment.

This Agreement may not be varied, altered, amended or supplemented, nor may any of its provisions be waived, except by a writing duly executed by Winner and NCsoft.

9. Agreement.

The terms and covenants of this Agreement shall inure to the benefit of NCsoft, its successors, assigns and other legal representatives, and shall be binding upon the Winner, its successors, assigns and other legal representatives.

10. Governing Law.

This Agreement and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with English law.

11. Acknowledgment.

The parties hereby acknowledge that they have read this Agreement and knowingly and willingly agree to be bound by its terms and conditions.

12. Counterparts.

This Agreement may be executed simultaneously in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.  Facsimile signatures shall be valid and binding upon the signing party.

13.

Should any condition contained in this Contract prove unenforceable, void or incomplete, the validity of the other conditions will remain unaffected.

IN WITNESS WHEREOF, The NCsoft and Winner have executed this Agreement as of the date set forth above.

WINNER

[___________________________________]
By: ________________________________
In the presence of:
Name and address of witness:
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________

NCSOFT

NCsoft Europe Limited
Acting by________________________________
Director__________________________________
Director/Secretary__________________________

Exhibit A
Contest Submission

Exhibit B

1. My real name is:

I am years of age.

My address is:

City:

County:

Postcode:

Phone (for shipping purposes only):

Preferred Email address:

Please send my Tabula Rasa prizes to the address below: 
(It can be the same as your residence; no international alternative addresses or P.O. Boxes are allowed). 

Name: 

Street address:

City:

County:

Postcode:

Phone (for shipping purposes only):

Preferred Email address:

2. Neither I, nor any member of my immediate family or household, is an employee of NCsoft Europe Ltd or Destination Games or their respective parent companies, affiliates, representatives, advertising, promotional or publicity agencies.

3. I certify that the above information is true, and I accept the prize subject to all terms of the Official Rules and Conditions, which I have read in full.  I represent that I have complied with all the rules set out in the Official Rules and Conditions and that I have perpetrated no fraud or deception in entering the Contest or in claiming the prize.

4. I grant NCsoft the worldwide right to use, publish and display my submission to the Contest, e.g. on the www.rgtr.com web site, in connection with this Contest without any further notification or compensation of any kind.

[ ] MARK THIS BOX WITH AN “X” to show you have read and agree to #’s 2, 3 4, above.