Pumpkin Carving Contest 2016
Official Contest Rules
No Purchase Necessary. A Purchase or Payment of Any Kind Will Not Improve One’s Chances of Winning. THIS IS A SINGLE CONTEST WITH OFFICIAL RULES BASED ON RESIDENCY OF THE PARTICIPANT. THE SELECTION OF THE WINNERS WILL BE MADE AMONG ALL ELIGIBLE PARTICIPANTS WORLDWIDE.
OFFICIAL RULES FOR RESIDENTS OF THE EUROPEAN UNION, ICELAND, MONTENEGRO, NORWAY, SERBIA, SWITZERLAND AND TURKEY ONLY
Eligibility: Except where prohibited or restricted by law, the WildStar Pumpkin Carving Contest 2016 (“Contest”) is open only to residents of a member state of the European Union, Iceland, Montenegro, Norway, Serbia, Switzerland and Turkey (for the purposes of this Contest, residents of these countries will be deemed part of the European Union) who are the age of majority or older (18 years of age in most jurisdictions) as of the date of entry. Participants must be registered as a WildStar player character on www.wildstar-online.com and are subject to the rules and regulations of www.wildstar-online.com that accompany the creation of a character on the website. The sponsor of this Contest is NC Interactive, LLC (“Sponsor”). Employees, contractors, directors and officers of the Sponsor and its respective distributors, affiliates, subsidiaries, and advertising and promotional agencies, and their immediate family members (parent, child, sibling, and spouse of each), and those living in the same household of each are NOT ELIGIBLE TO ENTER OR WIN. Other eligibility requirements and conditions of participation are set forth below in these official rules for the Contest (“Official Contest Rules”). All federal, state, provincial, municipal, and local laws and regulations apply. Void where prohibited or restricted by law.
How to Enter: To enter, a participant must create, or have created, a player character on www.wildstar-online.com (“Contest Website”) by following the directions on the Contest Website for new players. After creation of a player character, participants must email to email@example.com a photo of a real pumpkin carving (“Photo”) or an image using the pumpkin carving art provided on the Contest Website (“Digitally-Drawn Drawing”) (Photo and Digitally-Drawn Drawing are also each referred to as an “Artwork”), portraying the following theme: “a personal pumpkin carving themed after WildStar.” Upon submission of an Artwork in accordance with these Official Contest Rules, the participant will be entered into the Contest (“Entrant”). The Artwork should depict the Entrant’s WildStar-themed pumpkin carving. The subject line for the submission email must state “WildStar Pumpkin Carving Contest 2016.” In addition, the Entrant should include the Entrant’s name (real name, not character name) and must include the Entrant’s character name and server in the body of the Contest submission email.
The following requirements apply for each email submission of an Artwork:
- The email submission must be in English. The Photo must be accompanied with Entrant’s character name and server in the body of the Contest submission email. The Digitally-Drawn Drawing must be digitally signed and be accompanied with Entrant’s character name and server in the body of the Contest submission email. The email submission must include the following statement in the body: “This email is submitted as an entry in the WildStar Pumpkin Carving Contest 2016.” Any email submission that does not include this statement in its body will be void.
Entry Period: Entries will only be considered “Valid” if the submission email is received by the Sponsor between 1:30 AM Central European Summer Time (“CEST”) on October 15, 2016 and 8:59 AM CEST on October 28, 2016 (“Entry Period”). Emailing an Artwork submission to firstname.lastname@example.org constitutes entry (“Entry” or “Entries”) into the Contest and Entrant’s consent to and agreement with these Official Contest Rules.
Entry Limit: Limit of One Entry per Entrant. Subsequent Entries by the same Entrant are invalid and will be disqualified. Any attempts made by the same person to submit multiple Entries during the Entry Period are void. In the event of a dispute over the identity of the Entrant, the Entry will be deemed submitted by the authorized account holder of the email account submitted at the time of entry into the Contest. All Entries must be received during the Entry Period in order to be eligible for any Prize offered in this Contest. Any Entries submitted before or after the Entry Period are void and will not be eligible for a Prize.
Neither Sponsor, nor any telephone network, nor any service provider is responsible for incorrect transcription of Entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures or any telephone network, computer equipment, software, inability to access any website or online service, or any other error or malfunction, or late, lost, illegible, incomplete, damaged, or misdirected entries or entries not properly forwarded to Sponsor.
Conditions of Artwork: Any Artwork that is deemed by the Sponsor, in its sole discretion, to be offensive, infringing, immoral, obscene, profane, defamatory, not keeping with the image of the Sponsor, or in violation of these Official Contest Rules will be void. Further, any Artwork that contains trademark, copyright-protected or other proprietary materials for which the Entrant has not obtained appropriate assignment of rights, as well as any Artwork that disparages or portrays the Sponsor in a negative light, will be void. Sponsor reserves the right, at its sole discretion, to void any Entries from Entrants whom Sponsor believes have attempted to tamper or have tampered with the administration, security, or fairness of this Contest. Entries submitted by automatic, programmed, or like methods will be disqualified.
By entering, each Entrant warrants and represents that (i) the Artwork is the original work of the Entrant and does not infringe the intellectual property, privacy, confidentiality or publicity rights or any other legal rights of any third party; (ii) the Entrant owns or otherwise controls all rights to the Artwork submitted by the Entrant; and (iii) the Artwork has not been entered into or won any previous contests or awards and has not been published or distributed previously in any form of media. By entering this Contest, each Entrant unconditionally and irrevocably grants a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable license to Sponsor and its successors or assigns to use, reproduce, distribute, display, and create derivative works of their Artwork for any purpose now and hereafter as they so desire. By submitting an Artwork, Entrant grants Sponsor the right to use, publish, adapt, edit and/or modify the Artwork in any way, in whole or in part, and to use such Artwork as solely determined by Sponsor, in commerce and trade and in any and all media now known or hereafter discovered, without limitation or compensation to the Entrant and without right of notice, review, or approval of any such use of the Artwork.
Selection of the Winners: The winners (“Winners”) of the Contest will be determined by a panel of judges (“Judges”) appointed by the Sponsor. The Judges will review each of the Artwork submissions and rank the Artwork submissions based upon the following criteria (i) Creativity (40%); (ii) Originality (30%); and (iii) Best representation and interpretation of the Contest’s theme (30%) (“Judging Criteria”). The top-six ranked Entries, as determined by the Judges in their sole discretion applying the Judging Criteria, will be the six Winners of the Contest. The Sponsor’s determination of the Winners is final and binding and not subject to review or appeal. For Winners residing in Canada, before being confirmed as a Winner, the selected Entrant must correctly answer unaided, a time limited mathematical skill-testing question administered by email or telephone.
A similar-themed contest will be offered across the following games: Aion, Blade & Soul; Lineage II, MXM, and WildStar (each a “Game Contest” and collectively, the “Game Contests”). Each Game Contest will award prizes to the top-six ranked entries submitted for such Game Contest, as outlined above. The Artwork submissions from all of the Game Contests will be combined and reviewed to award two grand prizes (“Grand Prizes”). Judges will review each of the Artwork submissions entered across all of the Game Contests based upon the Judging Criteria. The top-two ranked Artwork submissions across all of the Game Contests, as determined by the Judges in their sole discretion applying the Judging Criteria, will be the two Grand Prize winners. The Grand Prizes may not be awarded to Entries in this Contest depending upon the quality of the Artwork submissions entered in the other Game Contests.
Contest Prizes and Overall Grand Prizes (each a “Prize” and collectively, the “Prizes”) and Approximate Retail Value (“ARV”) in US Dollars. The following Prizes will be awarded in this Contest:
Contest Prize for the Top Six Ranked Artwork (total ARV per Prize of $30):
Nightmare Girrok Mount & Shadow Warrior Costume
Grand Prize for the Top Two Ranked Artwork Across All Game Contests (total ARV per Grand Prize of $100):
The total ARV of all Prizes is $380.
Odds of Winning: Odds of winning depend on the total number of eligible Entries received during the Entry Period and the quality of the Artwork.
How to Claim Your Prize: Winners will be contacted by a representative from the Sponsor on or about October 31, 2016, the date when the Winners are announced. Winners will be notified using the email that the Entrant used for the Artwork submission. The list of Winners will also be posted on the Contest Website, WildStar forums and Sponsor’s Facebook page. In the event a Winner cannot be contacted within seven days after the Winners announcement on October 31, 2016, as determined in the sole discretion of Sponsor or its representatives, or a Winner rejects a Prize, an alternative winner may be identified. The Prizes will be in-game mailed to the character of each Winner’s choosing on the Winner’s account. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) potential Winner’s failure to timely respond to the notification; (2) the return of the notification as undeliverable; or (3) any other non-compliance with the Official Contest Rules. In the event of a Prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate winner. The Sponsor shall not be responsible or liable for any failure by a potential Winner to accept the Prize for any reason.
Prize Conditions: All costs associated with acceptance or use of the Prize, are the sole responsibility of the Winner. The Winner may waive his/her right to receive a Prize. A Prize is non-transferable, non-exchangeable, and non-refundable, has no cash value, and must be accepted by the Winner as awarded unless the Winner waives his/her right to receive a Prize. A Prize may not be upgraded, and no substitutions by the Winner will be allowed, except that Sponsor reserves the right, in its sole discretion, to substitute a Prize for one of equal or greater value if the designated Prize should be unavailable for any reason.
Conditions, Disclaimers, and Licenses: By entering the Contest, each Entrant agrees that: (a) he or she will abide by and be bound by these Official Contest Rules; ( b ) the Entry will not be acknowledged by Sponsor; © Sponsor or any of its affiliated companies or the advertising or promotional agencies affiliated with Sponsor or those affiliated companies, or any of their officers, directors, employees, agents or representatives (collectively, Sponsor’s “Affiliates”) are not responsible for claims, injuries, death, losses or damages of any kind resulting from participation or inability to participate in the Contest, or the awarding, acceptance, use, misuse, possession, loss or misdirection of a Prize except where it is caused by the negligence of the Sponsor; (d) Sponsor is not responsible for any inability of a Winner to accept a Prize for any reason unless caused by the fault of the Sponsor; and (e) except where prohibited by law, by entering the Contest, all Entrants further agree that Sponsor has the sole right to decide all matters relating to the Contest, including fact, interpretation, eligibility, procedure, fulfillment, and disputes from the Contest. Sections © and (e) are not applicable if the Entrant is a resident of Germany. Neither Sponsor nor its Affiliates are responsible for (i) any typographical or other errors in the printing of the promotion materials or the offering or announcement of the Prizes, (ii) any error, omission, interruption, defect or delay in operation or transmission at any website, (iii) failure of any Entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iv) communications line, hardware and/or software failures, or (v) damage to any computer (software or hardware) resulting from participation in the Contest. If the Entrant is a resident of Germany, numbers (i) through (v) do not apply if the event is caused by fault of Sponsor.
Although Sponsor attempts to ensure the integrity of the Contest, neither Sponsor nor any of the Affiliates are responsible for the actions of Entrants or other individuals in connection with the Contest, including attempts by Entrants or other individuals to circumvent these Official Contest Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. If, for any reason, other than the fault of Sponsor, the Contest is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, Sponsor reserves the right to modify these Official Contest Rules, and/or to cancel, terminate, modify or suspend all or any part of the Contest, and in the event of cancellation or termination, to select a Winner from among all eligible non-suspect Entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. If the Contest is terminated by Sponsor as set forth above, Sponsor will post notice of such termination on the Contest Website, the WildStar forums and Sponsor’s Facebook page. Inclusion in such drawing will be each Entrant’s sole and exclusive remedy under such circumstances. Proof of submitting an Entry will not be deemed receipt of such Entry by Sponsor.
For any feedback or questions regarding the Contest, Prizes, or Winners, you can contact Sponsor by sending an email to: email@example.com.
Release and Indemnification: EXCEPT WHERE PROHIBITED BY LAW, BY ENTERING THE CONTEST, ENTRANTS RELEASE AND HOLD THE SPONSOR, ITS AFFILIATES, AND FACEBOOK HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHT, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, ACCESS TO ANY MATERIALS, OR RESULTING DIRECTLY OR INDIRECTLY FROM THE CREATION OR SUBMISSION OF AN ARTWORK, INCLUDING, WITHOUT LIMITATION, ANY TRAVEL OR OTHER ACTIVITIES RELATED TO THE ENTRANT’S CREATION OR SUBMISSION OF AN ARTWORK FOR THE CONTEST, OR FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. THIS CLAUSE IS NOT APPLICABLE IF THE ENTRANT IS A RESIDENT OF GERMANY.
If the Entrant is a resident of Germany, Sponsor shall only be fully liable for damages if such damages were caused by gross negligence or intentional acts of Sponsor, its employees, agents and officers; in the case of simple negligence Sponsor is only liable for personal injury and death arising out of its negligence; and for breach of contractual obligations which the Entrant could trust not to be breached and which are essential to perform under this agreement and in this case only, liability is limited to the typical foreseeable damages. The Entrant’s rights under the German Product Liability Act remain unaffected. Where liability is excluded or limited, such exclusion or limitation shall also be extended to Sponsor’s parent company, affiliates and subsidiaries and their respective employees, agents and officers.
Each Entrant agrees to defend, indemnify and hold harmless the Sponsor and its Affiliates from any and all claims, liabilities, damages, expenses and costs (including legal fees) brought or asserted by or on behalf of any third party against the Sponsor or its Affiliates arising from or related to the Entrant’s Artwork infringing or allegedly infringing a third party’s intellectual property rights, publicity, privacy or confidentiality rights, or defaming or otherwise causing harm to a third party.
If the Entrant is a resident of the UK and insofar as is permitted by law, the Sponsor and the Sponsor’s Affiliates will not in any circumstances be responsible or liable to compensate the Winners or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the Prize except where it is caused by the negligence of the Sponsor or the Sponsor’s Affiliates. Your statutory rights are not affected.
Limitations on Liability: Except where prohibited by law, Sponsor and its Affiliates shall not be liable to any Winner or any other person for failure to supply a Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s or its Affiliates’ sole control.
Publicity Release: Except where prohibited by law, by accepting a Prize, each Winner grants permission for Sponsor and its agents to use his/her name, voice and/or likeness, for advertising, merchandising, promotion and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without additional compensation.
Applicable Law: The Contest, and any disputes that may arise hereunder, shall be governed in all respects by the laws of the state of Washington without regard to the conflicts of laws principles of any jurisdiction, but shall be subject to the mandatory consumer protection provisions of the country of residence of the Entrant. Unless the Entrant is a resident of Germany or France, venue with respect to any such disputes shall be had in the state and federal courts of the state of Washington. Venue with respect to any such disputes shall be had in the state and federal courts of the state of Washington. If the Entrant is a resident of France or Germany, the competent court will be determined according to French law or German law, respectively.Official Contest Rules: The Contest will be run in accordance with the Official Contest Rules. Each Entrant must comply with the Official Contest Rules. The terms of the Contest, as set out in the Official Contest Rules, are not subject to amendment or counteroffer, except as set out herein. If any provisions of the Official Contest Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Sponsor’s failure to enforce any term of these Official Contest Rules will not constitute a waiver of that provision.
Sponsor: The Contest is sponsored by NC Interactive, LLC, 3180 139th Avenue SE, #500, Bellevue, WA 98005, USA.
Winner List: For the winner list, send a self-addressed, stamped envelope (except residents of Vermont) to: NC Interactive, LLC, Attn: Winner List WildStar Pumpkin Carving Contest 2016, 3180 139th Avenue SE, #500, Bellevue, WA 98005, USA by February 28, 2017. A list of the Winners will also be posted on the Contest Website, WildStar forums and Sponsor’s Facebook page.
Disclaimer: The Contest is in no way sponsored, endorsed, or administered by, or associated with Facebook. By participating in the Contest, you agree that you are providing your information to Sponsor and not to Facebook.