MLB® 2K10 MILLION DOLLAR PERFECT GAME CHALLENGE OFFICIAL RULES
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.
SPONSOR
The sponsor of the Contest is 2K Sports, a wholly owned subsidiary of Take-Two Interactive Software, Inc. The Sponsor’s address is 2K Sports, 10 Hamilton Landing, Novato CA 94949, USA (“2K”).
ELIGIBILITY & ENTRY
To enter the Contest, eligible entrants must complete a Perfect Game of MLB 2K10 using the settings described in detail below on either the PlayStation®3 computer entertainment system (“PlayStation®3 system”) or Xbox 360® video game and entertainment system (“Xbox 360®”) during the Contest Period. A Perfect Game for purposes of these Official Rules is a game in which no opposing batters reach base (whether via hit, walk, being hit by pitch, or defensive error), entrant completes the game using entrant’s original starting pitcher, and the team entrant controls wins the game (“Perfect Game”). In order to allow verification of the Perfect Game, entrants must (i) make a video recording of the game screen which meets the quality standards outlined in greater detail below and must; (ii) upon completion of the game, immediately submit an entry form at www.2ksports.com/perfectgame (“the Website”) as described in these Official Rules to establish the time and date of their entry; and (iii) mail a printed submission confirmation and copy of their game recording to Sponsor via the steps outlined below.
Entrants must complete their Perfect Game using a genuine copy of MLB 2K10 for Xbox 360® or PlayStation®3 system purchased at retail. Entries created using counterfeit software shall be
disqualified.
Entrants must be (i) legal residents of the United States (who are not residents of Arizona, Connecticut, Maryland, North Dakota or Vermont) (ii) 18 years of age on the date of entry and (iii) authorized account holder of a Microsoft Xbox LIVE® Silver account or PlayStation®Network Account used during the completed Perfect Game.
Directors, officers and employees, affiliates, representatives, agents, and members of Sponsor, Sony Computer Entertainment America Inc., the Microsoft Group of Companies, Twin Galaxies International LLC (“Twin Galaxies”), the Major League Baseball Players Association, the MLB Entities (defined below), their parents, and any of their respective affiliate companies, subsidiaries, representatives, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to participate or win any prizes. The “MLB Entities” shall mean the Office of the Commissioner of Baseball, its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLBAM”), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., the Major League Baseball Clubs, Tickets.com, Inc., SportsOnEarth, LLC, and each of their respective subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Major League Baseball Clubs or the Office of the Commissioner of Baseball, and the directors, officers, employees and agents of the above entities. All applicable federal, state and local laws and regulations apply. CONTEST VOID IN ARIZONA, CONNECTICUT, MARYLAND, NORTH DAKOTA AND VERMONT AND WHERE OTHERWISE PROHIBITED.
WINNING AND ENTRY REQUIREMENTS
In order to win the Grand Prize, you must be the first eligible entrant to complete a verified Perfect Game (as further described below) of MLB 2K10 on either Xbox 360® or PlayStation®3 system using the settings outlined below and have the game verified in accordance with the Official Rules.
Entrants must make a video recording of their Perfect Game in accordance with the recording instructions below. To the extent an entrant completes a Perfect Game and submits an entry, a copy of that video must accompany their entry and will be reviewed by video game record keeping organization Twin Galaxies and Sponsor as part of the authentication process to validate submitted Perfect Games. Videos may be created using a device capturing the output of the console in use or a video camera, so long as the video captured is transferred to a single DVD in one of the formats outlined below and is of sufficient quality such that it meets the requirements below.
FAILURE TO RECORD AND SUBMIT A SUFFICIENTLY CLEAR AND COMPLETE VALIDATION RECORDING WILL LEAD TO DISQUALIFICATION OF YOUR ENTRY.
VIDEO RECORDING REQUIREMENTS:
GAMEPLAY REQUIREMENTS:
Upon completion of a Perfect Game, immediately navigate to the Website (www.2ksports.com/perfectgame) and click on Enter Your Code. The Time Stamp generated at the time of entry and displayed on your confirmation page following this submission shall be used in the determination of which user has submitted the first Perfect Game. Entrants must provide:
CONTEST PERIOD
The Contest Period starts at 12:00:01 AM Pacific Time (“PT”) on March 2, 2010, and ends at 11:59:59 PM PT on May 1, 2010. Judging begins on May 2, 2010 and shall continue until such time as a winner is verified, unless a winning submission is not amongst those submitted during the Contest Period. Judging may take approximately 4-6 weeks after Contest end date.
PRIZES
The eligible entrant who first pitches a Perfect Game and submits a Perfect Game in compliance with all terms and conditions of these Official Rules which is subsequently verified by Sponsor, in the sole discretion of Sponsor and its agents, will be identified as a Potential Winner (“Potential Winner”) and may receive a Grand Prize comprised of $1,000,000, which will be awarded in a lump-sum payment at the 2010 MLB All-Star Game in Anaheim, California or another Major League Baseball® game at Citi Field in Flushing, New York, or at a place and time to be determined by Sponsor in its sole discretion. Potential Winner may have the opportunity to play MLB 2K10 with game developers at the All-Star Game® or another Major League Baseball® game at a place and time to be determined by Sponsor in its sole discretion. Potential Winner must make this trip and sign other required documentation in order to receive the Grand Prize. Approximate Retail Value of the Grand Prize is $1,002,500. Prizes are not transferable and a maximum of one Grand Prize will be awarded. No substitutions or exchanges 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 messages are returned as undeliverable, or potential winner does not respond within ten (10) days of notification, or refuses to execute the applicable documents, the prize will be forfeited and the entrant who submitted the second Perfect Game that is verified by Sponsor will be the Potential Winner. Potential Winner will be required to complete and submit documents including an affidavit of eligibility, publicity release, and/or appropriate tax forms to receive a prize and may be required to appear at the 2010 All-Star Game® or another Major League Baseball game at Citi Field in Flushing, New York or a place and time to be determined by Sponsor in its sole discretion and play a game of MLB 2K10 against the game’s developers in order to claim their prize. Sponsor and the MLB Entities will not replace any lost or stolen prize. If 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.
Sponsor and the MLB Entities will not replace any lost, mutilated or stolen tickets, travel vouchers or certificates. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. Winner and his/her guest(s) agree to comply with all applicable stadium regulations in connection with the Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to winner and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Sponsor and the MLB Entities are not responsible if the game is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. A minor going on the trip as the Guest of the winner must be accompanied by a parent or legal guardian at all times.
For trip Prize: A 2 day/ 1 night trip for two (2) people to a Major League Baseball game. Trip includes round-trip coach airfare from major gateway airport nearest winner’s residence and double occupancy hotel accommodations. Taxes, meals, gratuities, travel upgrades, or any other expenses not specifically listed herein responsibility of winner. Travel and accommodations subject to availability; certain restrictions and blackout dates may apply. Winner must travel on a date determined by Sponsor in its sole discretion which shall be between May 2, 2010 and August 1, 2010, or prize may be forfeited and may be awarded to an alternate. If winner is considered a minor in his/her jurisdiction of residence, travel companion must be winner’s parent or legal guardian. Winner and travel companion must travel on the same itinerary and travel companion must sign travel release prior to ticketing. Travel companion must be of the age of majority unless the winner is travel companion’s parent or legal guardian. Sponsor and the MLB Entities are not liable for delays, cancellation or unforeseen events related to the flights. Winner and travel companion will be solely responsible for obtaining valid identification relating to acceptance and use of the travel prize packages. If in the judgment of Sponsor, air travel is not required due to Winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole discretion. Sponsor and the MLB Entities will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. ARV of Trip Prize: $2500 but actual value may vary depending on air flight fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value.
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. ALL FEDERAL, STATE, AND LOCAL TAXES 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 registration. “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.
COLLECTION OF INFORMATION
The information necessary to conduct the Contest will be collected by Sponsor at the time that each entrant submits an entry to participate in the Contest, in accordance with Sponsor’s Privacy Policy available at www.take2games.com/pp.php (the “Privacy Policy”). 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.
GENERAL RELEASE
By entering the Contest, you release Sponsor, the MLB Entities, the Major League Baseball Players Association, Twin Galaxies LLC, Sony Computer Entertainment America Inc., the Microsoft group of companies, and any of their 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.
AFFIDAVIT/DECLARATION & RELEASE
As a condition of being awarded any prize, potential winners will be required to execute and deliver to Sponsor a signed affidavit 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 seven (7) days may result in forfeiture of prize. Potential winner is responsible for ensuring return of all required materials; proof of sending will not be considered proof of receipt by Sponsor.
WINNERS LIST: RULES REQUEST
The name of the winner of the Grand Prize will be posted at 2ksports.com/perfectgame no later than July 14, 2010 and until August 30, 2010. For a copy of the Name of the Winner, send a stamped, self-addressed, business-size envelope after July 14, 2010 and before August 30, 2010 to Sponsor at the address listed below, Attn: Perfect Game Challenge Winners List: 10 Hamilton Landing, Novato CA 94949. To obtain a copy of these rules, visit 2ksports.com/perfectgame or send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: Perfect Game Challenge Rules Request.
GENERAL RULES
By entering the Contest, you accept and agree to be bound by these Official Rules and the decisions of the Sponsor and the MLB Entities. The Sponsor and the MLB Entities are not responsible for late, lost, delayed, incomplete, corrupt, or misdirected entries, responses, paper entries or other correspondence, whether by internet transmission, e-mail, postal mail or overnight carrier 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. By participating in the Contest, entrant releases Sponsor, the MLB Entities, Twin Galaxies LLC and the Major League Baseball Player’s Association and each of their respective parents, 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 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, typographical or technical errors in any materials associated with the Contest. Sponsor's decisions in all respects relative to the Contest are final. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of virus, bugs, non-authorized human intervention, fraud, technical or other difficulties or causes which corrupt or affect the administration, security, fairness or proper conduct of the Contest 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.
ADDITIONAL CONDITIONS
Except where prohibited by law, to accept any prize, winner consents to the use by Sponsor and the MLB Entities 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.
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.
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.
MISCELLANEOUS
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. Your participation in the Contest is also subject to the 2K Games’ Terms of Use available at http://www.take2games.com/legal.php.
Sponsor is a promotional partner of applicable MLB Entities.
Major League Baseball trademarks and copyrights used with permission of applicable MLB Entities.
Contest not produced or executed by any MLB Entity.
SONY COMPUTER ENTERTAINMENT AMERICA TAKES NO RESPONSIBILITY FOR THIS OFFER.