“ARMY OF TWO” WEAPON DESIGN COMPETITION
Posted: Tue Jun 23, 2009 5:31 pm
RULES AND REGULATIONS
“ARMY OF TWO” WEAPON DESIGN COMPETITION
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
VOID WHERE PROHIBITED
1. Competition Overview: The “Army of Two” Weapon Design Competition (the “Competition”) gives fans of the “Army of Two” video game series the chance to design their ultimate combat weapon (each design, a “Creation”). No purchase of any “Army of Two” title is required, or will assist with the Competition. The Competition is held entirely online at http://www.armyoftwo.com (the “Website”). On the Website, participants will find detailed instructions as to how to upload a completed Creation. Once Creations are uploaded to the Website, the public will be asked to vote for a Creation of their choosing. The Creations from North America and Europe that garner the most votes will be named Finalists, and will be judged by a panel of well-qualified judges to determine overall winners.
2. Eligibility: The Competition is open only to individual persons who:
* Are legal residents of the United States (including DC but excluding all other territories and possessions), Canada (excluding Quebec), Mexico, the United Kingdom (excluding Northern Ireland), France, and Italy;
* Are at least eighteen (18) years of age at the time of entry;
* Are not an employee, officer, or director of Electronic Arts Inc. or any entity involved or affiliated with the Competition or execution of this Competition, including any parent or affiliate company;
* Are not a member of the immediate family (parents, children, siblings, or grandparents); and
* Do not reside in the same household as any person who is not eligible under these Rules.
The Competition is void where prohibited or otherwise restricted.
3. Sponsor: This Competition is sponsored by Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065, USA (“Sponsor”).
4. Agreement to Official Rules: Each individual person who satisfies the eligibility criteria and registers with the Website (each, a “Participant”) hereby fully and unconditionally agrees to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Competition. Winning the Competition and/or being named as a Finalist is contingent upon fulfilling all requirements set forth herein.
5. Timing: The Competition begins on June 23rd, 2009 at 09:00 Pacific Standard Time (“PST”), and ends on July 30th, 2009 at 23:59 PST (the "Competition Period"). The Competition consists of four (4) phases, as set forth in the chart below. NOTE: ALL TIMES ARE IN PACIFIC STANDARD TIME; PLEASE ACCOUNT FOR CHANGES IN TIME ZONE AS APPROPRIATE.
Phase
Starts at 00:00 PST Ends at 23:59 PST
Creation Phase June 23, 2009 July 12, 2009
Finalists Selection Phase Ratings can be cast as soon as a Creation is uploaded to the Website July 19, 2009
Winner Selection Phase July 20, 2009 July 26, 2009
Potential Winners Contacted On or about July 30, 2009
6. How to Enter: During the Creation Phase (see Section 5 for specific dates), visit the Website, register for an EA Account if you do not already have one (registration for an EA Account is free), and follow the instructions to upload a Creation. Submitting a Creation into this Contest does not require the purchase of any equipment, materials or services. A Participant can upload up to twenty (20) Creations. By submitting a Creation, Participants agree that it adheres to the Creation Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”). Sponsor reserves the right to remove any Creation that it believes, in its sole discretion, to violate any of these restrictions. No notice of the removal will be given to the Participant, and the Participant shall have no right to appear the decision to remove the Creation from the Competition.
Creation Guidelines: The submitted Creation must:
* Be in .jpeg format (either .jpg or .jpeg)
* Be sized no larger than 800x500 pixels;
* Be no larger than 2 MB in size;
* Be appropriate for the Army of Two world (that is, no fanicful weaponry like laser guns, vaporizers, etc. – the weapons as designed should be appear to be of the sort that could be found on a battlefield today); and
* Not have been submitted previously in a promotion of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
Content Restrictions: The Creation must not contain material that:
* Disparages any person, Sponsor and/or any of its or its affiliates’ products, or any other entity affiliated with sponsoring, promoting or administering this Competition;
* Violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
* Includes brand names or trademarks, logos and designs of any third party companies;
* Includes photos, artwork or writing not created by Participant;
* Is hateful, tortious, defamatory, slanderous or libelous;
* Promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
* Is unlawful, in violation of or contrary to the laws or regulations in any state, province, territory or country where the Creation is created; and
* Depicts the use of a weapon in an in-appropriate or dangerous manner.
All Creations will be stored on a server in the United States and submission of a Creation constitutes the Participant’s consent to the export of his/her personal data to the U.S.A. and its use there for the purposes of administering this Competition and associated processing (e.g., but not limited to back-up, archiving). Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Creations, which are void and will be disqualified.
Multiple Participants are not permitted to share the same email address. Any attempt by any Participant to submit more than the stated number of Creations by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Participant's votes/entries/Creations and that Participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification of Participant (including disqualification and/or invalidation of the Participant’s Creations and votes). In the event of a dispute as to the owner of any Creation, the authorized account holder, at time of entry, of the email address used to create the applicable registration will be deemed to be the Participant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The Participant may be required to show proof of being the authorized account holder.
7. Public Voting/Finalist and Winner Selection
A. Finalist Selection Phase: After a Creation has been uploaded to the Website, it is eligible to rated by the public. Visitors to the Website who register for an EA Account may rate any of the designs uploaded there based on a five star rating system (five being highest, 1 being lowest). Visitors cannot rate any Creation more than one (1) time.
At the close of the Finalist Selection Phase, the five (5) Creations with the highest average rating from North America (US, Canada, Mexico), and the five (5) Creations with the highest highest average rating from Europe (UK, France, Italy) will be deemed to be Finalists. Average rating scores will be determined by dividing the total number of stars received by the total number of ratings cast for that particular Creation.
B. Winner Selection Phase: At the close of the Finalist Selection phase, the Finalists will be judged by a panel of judges, who will be selected in Sponsor’s sole discretion. The judges will be well qualified to judge the Creations, and will have an intimate understanding of the Army of Two series as well as the process of creating such a video game.
The judges will select one (1) Finalist from North America, and one (1) Finalist from Europe, as potential Winners.
Judging Criteria: Judges will make their selections based upon the following criteria:
* Originality - 20%;
* Appropriateness to the look, feel, and theme of Army of Two – 20%;
* Visual appeal of the weapon design – 20%; and
* Feasibility of in-game integration – 40%;
8. Winner Requirements: Sponsor will notify the potential winners by mail, email, phone or via their EA Account during the week of July 29, 2009. The potential winners (or their parents or legal guardians if the potential winners are minors in their place, country or jurisdiction of residence) will be required to execute and return to Sponsor, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) (if resident of any jurisdiction other than Canada) or a Declaration of Compliance ("Declaration") (if resident of Canada). If a potential winner cannot be contacted within a reasonable time period, fails to execute and return the Affidavit or Declaration within the required time period, is not in compliance with these Official Rules, or if winner notification is returned as undeliverable, the potential winner will be disqualified. If a potential winner is disqualified for any reason, the Finalist from that specific pool (North America or Europe) with the next highest judges’ score will be named the potential winner. No potential winner will be deemed to be a winner until such time as the Affidavit or Declaration is returned to the Sponsor. Signing the Affidavit or Declaration shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, country, likeness, photo, Creation and/or prize information in connection with the Competition for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
9. Prizes: The winning Participants will have their Creations considered for inclusion in a future Electronic Arts video game. The Prize Has No Cash Value. There are no other prizes that will be offered in this Competition. Sponsor does not guarantee that a winning Creation will be featured in any particular title, or even that a winning Creation will be used at all. Winner will receive no further prize or compensation from Sponsor if Sponsor does not include the Creation in a future video game. If Sponsor decides to include a winning Creation in a future video game, Sponsor may do so in any way it chooses, as set forth in Section 10 of these Official Rules. This includes, but is not limited to, the ability to choose the weapon’s look, feel, strength, capabilities, availability in the game, location in the game, character with may/may not interact with the weapon, which video game title or franchise the design is featured in, or anything else associated with the Creation’s inclusion in any video game. Sponsor is under no obligation to notify Participant of his/her Creation’s inclusion into a video game, nor will Sponsor seek any approval from or give any attribution to Participant unless the giving of attribution is required by law.
10. Copyright. SUBMITTING A CREATION IN THIS COMPETITION CONSTITUTES YOUR IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR ANY AND ALL RIGHT, TITLE AND INTEREST IN THE CREATION INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS AND WAIVER OF ALL MORAL RIGHTS IN YOUR CREATION (except where such transfer of moral rights is prohibited by law) FOR THE DURATION OF THE PROTECTION OF SUCH RIGHTS. IF SUCH AN ASSIGMENT, CONVEYANCE OR TRANSFERENCE IS PROHIBITED BY LAW, THEN BY YOUR SUBMISSION OF A CREATION IN THIS COMPETITION, YOU AGREE TO GRANT TO SPONSOR A ROYALTY-FREE, PERPETUAL, EXCLUSIVE, WORLDWIDE LICENSE TO UTILIZE THE CREATION, INCLUDING USING THE CREATION AS THE BASIS OR PART OF ANY OTHER WORK, IN CONNECTION WITH ANY COMMERCIAL OR ADVERTISING PURPOSE, FOR THE DURATION OF THE PROTECTION OF THE CREATION. Each Participant warrants to the Sponsor that the Creation submitted by such Participant is an original work of the Participant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the Participant’s Creation being invalid and Participant's potential disqualification from the Contest. In addition, each Participant hereby indemnifies the Sponsor against all loss, damages and costs incurred by the Sponsor arising from that Participant’s breach of the warranty set forth in this condition.
11. Release: Except for Participants who are residents of France or the United Kingdom with respect to claims resulting from death or personal injury only (in accordance with applicable law in those jurisdictions), by participating in the Competition (or any part thereof), each Participant agrees to release and hold harmless each of the Sponsor, its officers, directors, employees, shareholders, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation or inability to participate in the Competition.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Competition, as determined by Sponsor in its sole and absolute discretion. If terminated, Sponsor may, in its sole and absolute discretion, determine the winners from among all non-suspect, eligible Creations received up to time of such action using the judging procedure outlined above. Sponsor, in its sole and absolute discretion, reserves the right to disqualify any individual it finds to be tampering with the Creation process or the operation of the Competition or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Creations. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Competition; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Creation process or the Competition; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Competition, the uploading, the processing or judging of Creations or ratings or the tabulating of ratings, the announcement of the prizes or in any Competition-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Competition, submission of a Creation, receipt or use or misuse of any prize, or from Sponsor’s decision to not include the Creation in a video game. Released Parties are not responsible for misdirected or undeliverable Creations or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Creation.
14. Disputes: Except where prohibited, Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Competition or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California or the appropriate California State Court located in San Francisco, California, in each case in the English language; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorneys’ fees; and (3) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Some jurisdictions do not allow the aforementioned choice of venue, so parts of this Rule may not apply to you.
15. Personal Information: By entering the Competition, you authorize the Sponsor to use the collected personal data for the purposes connected with this competition only and for the time being necessary to fulfill such purposes. Information collected from a Participant is subject to Sponsor's Privacy Policy (http://tos.ea.com/legalapp/WEBPRIVACY/US/en/PC/). In the event there is a conflict between Sponsor's Privacy Policy and these Official Rules with regard to this Competition, these Official Rules shall prevail.
For Residents of France Only: All personal information mentioned in this Section and in Section 6 above will be sent to Sponsor’s marketing and competition administration teams. Your data are going to be stored and processed in the United States, and will be used to: (a) contact the finalists and the potential winner (if applicable); (b) send additional information to a Participant if that Participant selects to receive additional information from the Sponsor; (c) archive the data, for a duration necessary to comply with the purpose of the collection and the processing of the data. Pursuant to French law pertaining to data collection and processing, you have a right of access to, modification and withdrawal of your personal data. You also have the right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to: Electronic Arts Inc., "The “ARMY OF TWO” WEAPON DESIGN COMPETITION, Personal Data Request, 209 Redwood Shores Parkway, Redwood City, CA 94065, USA. The data controller is the Sponsor. Personal data will be transferred outside the European Union.
16. Winner List: Winner List requests will only be accepted after the Competition end date (listed above) and no later than September 1, 2009. For the Winner List, send an e-mail to http://www.customerservice@ea.com or send a letter to Sponsor at: Electronic Arts Inc., "The “ARMY OF TWO” WEAPON DESIGN COMPETITION, Winner List Request, 209 Redwood Shores Parkway, Redwood City, CA 94065, USA. Allow 4 – 6 weeks for a response.
© 2009 Electronic Arts Inc. All Rights Reserved. All trademarks are the property of their respective owners.
“ARMY OF TWO” WEAPON DESIGN COMPETITION
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
VOID WHERE PROHIBITED
1. Competition Overview: The “Army of Two” Weapon Design Competition (the “Competition”) gives fans of the “Army of Two” video game series the chance to design their ultimate combat weapon (each design, a “Creation”). No purchase of any “Army of Two” title is required, or will assist with the Competition. The Competition is held entirely online at http://www.armyoftwo.com (the “Website”). On the Website, participants will find detailed instructions as to how to upload a completed Creation. Once Creations are uploaded to the Website, the public will be asked to vote for a Creation of their choosing. The Creations from North America and Europe that garner the most votes will be named Finalists, and will be judged by a panel of well-qualified judges to determine overall winners.
2. Eligibility: The Competition is open only to individual persons who:
* Are legal residents of the United States (including DC but excluding all other territories and possessions), Canada (excluding Quebec), Mexico, the United Kingdom (excluding Northern Ireland), France, and Italy;
* Are at least eighteen (18) years of age at the time of entry;
* Are not an employee, officer, or director of Electronic Arts Inc. or any entity involved or affiliated with the Competition or execution of this Competition, including any parent or affiliate company;
* Are not a member of the immediate family (parents, children, siblings, or grandparents); and
* Do not reside in the same household as any person who is not eligible under these Rules.
The Competition is void where prohibited or otherwise restricted.
3. Sponsor: This Competition is sponsored by Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065, USA (“Sponsor”).
4. Agreement to Official Rules: Each individual person who satisfies the eligibility criteria and registers with the Website (each, a “Participant”) hereby fully and unconditionally agrees to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Competition. Winning the Competition and/or being named as a Finalist is contingent upon fulfilling all requirements set forth herein.
5. Timing: The Competition begins on June 23rd, 2009 at 09:00 Pacific Standard Time (“PST”), and ends on July 30th, 2009 at 23:59 PST (the "Competition Period"). The Competition consists of four (4) phases, as set forth in the chart below. NOTE: ALL TIMES ARE IN PACIFIC STANDARD TIME; PLEASE ACCOUNT FOR CHANGES IN TIME ZONE AS APPROPRIATE.
Phase
Starts at 00:00 PST Ends at 23:59 PST
Creation Phase June 23, 2009 July 12, 2009
Finalists Selection Phase Ratings can be cast as soon as a Creation is uploaded to the Website July 19, 2009
Winner Selection Phase July 20, 2009 July 26, 2009
Potential Winners Contacted On or about July 30, 2009
6. How to Enter: During the Creation Phase (see Section 5 for specific dates), visit the Website, register for an EA Account if you do not already have one (registration for an EA Account is free), and follow the instructions to upload a Creation. Submitting a Creation into this Contest does not require the purchase of any equipment, materials or services. A Participant can upload up to twenty (20) Creations. By submitting a Creation, Participants agree that it adheres to the Creation Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”). Sponsor reserves the right to remove any Creation that it believes, in its sole discretion, to violate any of these restrictions. No notice of the removal will be given to the Participant, and the Participant shall have no right to appear the decision to remove the Creation from the Competition.
Creation Guidelines: The submitted Creation must:
* Be in .jpeg format (either .jpg or .jpeg)
* Be sized no larger than 800x500 pixels;
* Be no larger than 2 MB in size;
* Be appropriate for the Army of Two world (that is, no fanicful weaponry like laser guns, vaporizers, etc. – the weapons as designed should be appear to be of the sort that could be found on a battlefield today); and
* Not have been submitted previously in a promotion of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
Content Restrictions: The Creation must not contain material that:
* Disparages any person, Sponsor and/or any of its or its affiliates’ products, or any other entity affiliated with sponsoring, promoting or administering this Competition;
* Violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
* Includes brand names or trademarks, logos and designs of any third party companies;
* Includes photos, artwork or writing not created by Participant;
* Is hateful, tortious, defamatory, slanderous or libelous;
* Promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
* Is unlawful, in violation of or contrary to the laws or regulations in any state, province, territory or country where the Creation is created; and
* Depicts the use of a weapon in an in-appropriate or dangerous manner.
All Creations will be stored on a server in the United States and submission of a Creation constitutes the Participant’s consent to the export of his/her personal data to the U.S.A. and its use there for the purposes of administering this Competition and associated processing (e.g., but not limited to back-up, archiving). Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Creations, which are void and will be disqualified.
Multiple Participants are not permitted to share the same email address. Any attempt by any Participant to submit more than the stated number of Creations by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Participant's votes/entries/Creations and that Participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification of Participant (including disqualification and/or invalidation of the Participant’s Creations and votes). In the event of a dispute as to the owner of any Creation, the authorized account holder, at time of entry, of the email address used to create the applicable registration will be deemed to be the Participant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The Participant may be required to show proof of being the authorized account holder.
7. Public Voting/Finalist and Winner Selection
A. Finalist Selection Phase: After a Creation has been uploaded to the Website, it is eligible to rated by the public. Visitors to the Website who register for an EA Account may rate any of the designs uploaded there based on a five star rating system (five being highest, 1 being lowest). Visitors cannot rate any Creation more than one (1) time.
At the close of the Finalist Selection Phase, the five (5) Creations with the highest average rating from North America (US, Canada, Mexico), and the five (5) Creations with the highest highest average rating from Europe (UK, France, Italy) will be deemed to be Finalists. Average rating scores will be determined by dividing the total number of stars received by the total number of ratings cast for that particular Creation.
B. Winner Selection Phase: At the close of the Finalist Selection phase, the Finalists will be judged by a panel of judges, who will be selected in Sponsor’s sole discretion. The judges will be well qualified to judge the Creations, and will have an intimate understanding of the Army of Two series as well as the process of creating such a video game.
The judges will select one (1) Finalist from North America, and one (1) Finalist from Europe, as potential Winners.
Judging Criteria: Judges will make their selections based upon the following criteria:
* Originality - 20%;
* Appropriateness to the look, feel, and theme of Army of Two – 20%;
* Visual appeal of the weapon design – 20%; and
* Feasibility of in-game integration – 40%;
8. Winner Requirements: Sponsor will notify the potential winners by mail, email, phone or via their EA Account during the week of July 29, 2009. The potential winners (or their parents or legal guardians if the potential winners are minors in their place, country or jurisdiction of residence) will be required to execute and return to Sponsor, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) (if resident of any jurisdiction other than Canada) or a Declaration of Compliance ("Declaration") (if resident of Canada). If a potential winner cannot be contacted within a reasonable time period, fails to execute and return the Affidavit or Declaration within the required time period, is not in compliance with these Official Rules, or if winner notification is returned as undeliverable, the potential winner will be disqualified. If a potential winner is disqualified for any reason, the Finalist from that specific pool (North America or Europe) with the next highest judges’ score will be named the potential winner. No potential winner will be deemed to be a winner until such time as the Affidavit or Declaration is returned to the Sponsor. Signing the Affidavit or Declaration shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, country, likeness, photo, Creation and/or prize information in connection with the Competition for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
9. Prizes: The winning Participants will have their Creations considered for inclusion in a future Electronic Arts video game. The Prize Has No Cash Value. There are no other prizes that will be offered in this Competition. Sponsor does not guarantee that a winning Creation will be featured in any particular title, or even that a winning Creation will be used at all. Winner will receive no further prize or compensation from Sponsor if Sponsor does not include the Creation in a future video game. If Sponsor decides to include a winning Creation in a future video game, Sponsor may do so in any way it chooses, as set forth in Section 10 of these Official Rules. This includes, but is not limited to, the ability to choose the weapon’s look, feel, strength, capabilities, availability in the game, location in the game, character with may/may not interact with the weapon, which video game title or franchise the design is featured in, or anything else associated with the Creation’s inclusion in any video game. Sponsor is under no obligation to notify Participant of his/her Creation’s inclusion into a video game, nor will Sponsor seek any approval from or give any attribution to Participant unless the giving of attribution is required by law.
10. Copyright. SUBMITTING A CREATION IN THIS COMPETITION CONSTITUTES YOUR IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR ANY AND ALL RIGHT, TITLE AND INTEREST IN THE CREATION INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS AND WAIVER OF ALL MORAL RIGHTS IN YOUR CREATION (except where such transfer of moral rights is prohibited by law) FOR THE DURATION OF THE PROTECTION OF SUCH RIGHTS. IF SUCH AN ASSIGMENT, CONVEYANCE OR TRANSFERENCE IS PROHIBITED BY LAW, THEN BY YOUR SUBMISSION OF A CREATION IN THIS COMPETITION, YOU AGREE TO GRANT TO SPONSOR A ROYALTY-FREE, PERPETUAL, EXCLUSIVE, WORLDWIDE LICENSE TO UTILIZE THE CREATION, INCLUDING USING THE CREATION AS THE BASIS OR PART OF ANY OTHER WORK, IN CONNECTION WITH ANY COMMERCIAL OR ADVERTISING PURPOSE, FOR THE DURATION OF THE PROTECTION OF THE CREATION. Each Participant warrants to the Sponsor that the Creation submitted by such Participant is an original work of the Participant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the Participant’s Creation being invalid and Participant's potential disqualification from the Contest. In addition, each Participant hereby indemnifies the Sponsor against all loss, damages and costs incurred by the Sponsor arising from that Participant’s breach of the warranty set forth in this condition.
11. Release: Except for Participants who are residents of France or the United Kingdom with respect to claims resulting from death or personal injury only (in accordance with applicable law in those jurisdictions), by participating in the Competition (or any part thereof), each Participant agrees to release and hold harmless each of the Sponsor, its officers, directors, employees, shareholders, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation or inability to participate in the Competition.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Competition, as determined by Sponsor in its sole and absolute discretion. If terminated, Sponsor may, in its sole and absolute discretion, determine the winners from among all non-suspect, eligible Creations received up to time of such action using the judging procedure outlined above. Sponsor, in its sole and absolute discretion, reserves the right to disqualify any individual it finds to be tampering with the Creation process or the operation of the Competition or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated Creations. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Competition; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Creation process or the Competition; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Competition, the uploading, the processing or judging of Creations or ratings or the tabulating of ratings, the announcement of the prizes or in any Competition-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Competition, submission of a Creation, receipt or use or misuse of any prize, or from Sponsor’s decision to not include the Creation in a video game. Released Parties are not responsible for misdirected or undeliverable Creations or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Creation.
14. Disputes: Except where prohibited, Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Competition or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California or the appropriate California State Court located in San Francisco, California, in each case in the English language; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorneys’ fees; and (3) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Some jurisdictions do not allow the aforementioned choice of venue, so parts of this Rule may not apply to you.
15. Personal Information: By entering the Competition, you authorize the Sponsor to use the collected personal data for the purposes connected with this competition only and for the time being necessary to fulfill such purposes. Information collected from a Participant is subject to Sponsor's Privacy Policy (http://tos.ea.com/legalapp/WEBPRIVACY/US/en/PC/). In the event there is a conflict between Sponsor's Privacy Policy and these Official Rules with regard to this Competition, these Official Rules shall prevail.
For Residents of France Only: All personal information mentioned in this Section and in Section 6 above will be sent to Sponsor’s marketing and competition administration teams. Your data are going to be stored and processed in the United States, and will be used to: (a) contact the finalists and the potential winner (if applicable); (b) send additional information to a Participant if that Participant selects to receive additional information from the Sponsor; (c) archive the data, for a duration necessary to comply with the purpose of the collection and the processing of the data. Pursuant to French law pertaining to data collection and processing, you have a right of access to, modification and withdrawal of your personal data. You also have the right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to: Electronic Arts Inc., "The “ARMY OF TWO” WEAPON DESIGN COMPETITION, Personal Data Request, 209 Redwood Shores Parkway, Redwood City, CA 94065, USA. The data controller is the Sponsor. Personal data will be transferred outside the European Union.
16. Winner List: Winner List requests will only be accepted after the Competition end date (listed above) and no later than September 1, 2009. For the Winner List, send an e-mail to http://www.customerservice@ea.com or send a letter to Sponsor at: Electronic Arts Inc., "The “ARMY OF TWO” WEAPON DESIGN COMPETITION, Winner List Request, 209 Redwood Shores Parkway, Redwood City, CA 94065, USA. Allow 4 – 6 weeks for a response.
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