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Please read these rules before entering the Contest (the 'Contest'). Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and Regulations ("Official Rules") and represents that you satisfy all of the eligibility requirements set forth below.
- Sponsor. The sponsor of the Contest is 2K Sports, Inc., a wholly owned subsidiary of the United States company Take Two Interactive Inc. The Sponsor's address is 2K Sports, 622 Broadway, New York, NY 10012, USA.
- Eligibility & Entry. You will automatically be entered into the Contest if you (a) own a copy of NHL 2K9 (the 'Game'), (b) have played the Game during the Contest Period (defined in Section 3) on your XBOX 360 or Playstation3 account connected to the internet and (c) meet the residency and age requirements below.
Entrants must be (i) legal residents of the fifty United States or District of Columbia (who are not residents of Arizona, Connecticut, Maryland, North Dakota or Vermont), Australia, Belgium, Finland, France, Germany, Luxembourg, The Netherlands, New Zealand, Republic of Ireland, Spain, Sweden, Switzerland, or the United Kingdom, and (ii) who are at least eighteen years of age and have reached the age of majority in their home jurisdiction on or before the date of entry and (iii) who are registered account holders of a Gamertag or Playstation Network ID registered for use with XBOX Live or the Playstation Network, respectively, whose privacy settings are configured such that they may receive messages from Sponsor, so that Sponsor is able to contact entrant, as necessary. Directors, officers and employees of Sponsor, its parent, and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to participate or win any prizes. All applicable federal, state and local laws and regulations apply. CONTEST VOID IN ARIZONA, CONNECTICUT, MARYLAND, NORTH DAKOTA AND VERMONT AND WHERE OTHERWISE TAXED, RESTRICTED, OR PROHIBITED BY LAW. Limit one entry per person/Gamertag/Playstation Network ID.
- Contest Period. The Contest starts at 12:01:00 AM Eastern Standard Time ('EST') (4:01:00 AM Greenwich Mean Time ('GMT')) on 9/9/08, and ends 11:59:59 PM EST on 11/16/08 (4:59:59 AM on 11/17/08 GMT) ('Contest Period'). Entrants will be ranked and Prizes awarded on a weekly basis, from each Monday at 12:01:00 AM EST until each Sunday at 11:59:59 PM EST during the Contest Period (each, a 'Week').
- Determination of Winner(s). During each Week, each eligible play of the Game via your XBOX 360 or Playstation3 account connected to the internet will count towards your ranking; and only ranked matches commenced and completed within each Week during the Contest Period ('Ranked Matches') shall count toward entrant's ranking for determination of that Week's winner. The NHL 2K9 Team 2K Leaderboard ('Leaderboard') will track entrant rankings, be displayed at www.2ksports.com/team2k , and will be updated daily. Rankings are calculated using an ELO rating system, a mathematical equation used to rank entrants based on the results of Ranked Matches they have played. In the event that an entrant disconnects from the server during a Ranked Match, that entrant will be deemed the loser of that Ranked Match, regardless of whether such disconnection is intentional and/or the fault of the disconnecting entrant. On Sunday during each Week, at 11:59:59 PM EST, the top ranked entrant on each of the XBOX 360 and Playstation3 systems, subject to verification and eligibility requirements, will be deemed that Week's potential winners (one (1) XBOX 360 potential winner and one (1) Playstation3 potential winner per Week). Each Week's potential winners will not be eligible to enter and/or win prizes in any subsequent Week and will be automatically disqualified.
In the event of a relevant tie in ranking at the close of any Week, the potential winner shall be the entrant tied for such ranking who most recently won a game (judged by completion time) during such Week. Potential XBOX 360 winners will be notified via a message delivered via XBOX LIVE to the inbox for the top ranking Gamertag; potential Playstation3 winners will be notified via a Playstation Network message delivered to the inbox of the top ranking Playstation Network IDs.
ALL POTENTIALLY WINNING ENTRANTS WILL BE REVIEWED FOR ELIGIBILITY DURING AND/OR UPON COMPLETION OF THE CONTEST PERIOD. DISPLAY OF YOUR STATISTICS ON THE LEADERBOARD DURING THE CONTEST PERIOD OR INITIAL CONTACT BY SPONSOR TO RECEIVE ELEIGBILITY INFORMATION DOES NOT ENTITLE YOU TO A PRIZE.
- Prizes. Each Week's winners will each receive a selection of 2K Gear, Approximate Retail Value ('ARV') US $150/€100 (excluding Value Added Tax ('VAT')) and a selection of three (3) of Sponsor's sports video games as next released (MLB 2K9, NBA 2K10, NHL 2K10 ARV US $180/€180). Selection of Sponsor's sports video games prize shall be delivered to winners after the release of each game, which is presently slated to coincide with the start of the corresponding MLB, NBA, and NHL seasons, as applicable. Total ARV of each Week's Prizes: US $660/€560. Each Week's winners will also receive the opportunity to become a digitized Team 2K member in Sponsor's upcoming release of the NHL 2K10 video game. Each winner may be required to prepare and submit a series of reference photographs (both front headshot(s) and side shot(s)) upon which the digitization would be based. Winners will be required to sign a publicity release and/or other documents necessary to transfer all rights in their reference photographs to Sponsor and to allow Sponsor to use the winner's name, image, biographical information, likeness and the reference photographs for any purpose, including development and use of a digitized Team 2K character in the NHL 2K10 video game as well as promotion of the Sponsor and its products and services, including this Contest. Sponsor retains all rights in the digitization and the NHL 2K10 video game, and does not transfer any copyrights or other rights to winner by awarding a prize.
Prizes are not transferable. No substitutions or exchanges (including for cash) of any prize 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 message is returned as undeliverable, or potential winner does not respond within seven (7) days of notification, provides information which makes potential winner ineligible or refuses to execute the applicable documents, the prize will be forfeited and awarded to the next ranking entrant from the relevant Week using the same gaming system, subject to verification and eligibility requirements. Potential winners may be required to complete and submit documents including an affidavit/ declaration of eligibility, publicity release, and/or appropriate tax forms to receive a prize. Sponsor will not replace any lost or stolen prize. If any potential winner is considered a minor in his/her jurisdiction of residence, a declaration/affidavit, as provided by Sponsor, must be signed by his/her parent or legal guardian and such prize will be delivered to minor's parent/legal guardian and awarded in the name of parent/legal guardian.
Except where prohibited, All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose), except where prohibited by law. TO THE EXTENT ALLOWABLE BY LAW, TAXES, INCLUDING, WITHOUT LIMITATION, AS APPLICABLE, VAT TAXES AND CUSTOMS WHICH ARE ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
In case of dispute, entries will be declared made by the authorized account holder of the Gamertag or Playstation Network ID registered with XBOX 360 or Playstation3, as applicable, at time of entry. Authorized account holder' is defined as the natural person who is assigned to the Gamertag or Playstation Network ID by, as applicable, XBOX 360 or Playstation3. Entrants may be required to provide documentation suitable to Sponsor to evidence assignment of the Gamertag or Playstation Network ID account.
- Collection of Information.
The information necessary to conduct the Contest was collected by Sponsor in accordance with Sponsor's Privacy Policy available at http://www.2ksports.com/info/privacy (the 'Privacy Policy') and includes, without limitation, publicly available information contained at or on the Leaderboard, such as entrant's Gamertag or Playstation Network ID. 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 any personal information provided on the Leaderboard, as well as any further information publicly available, provided to or collected by Sponsor or its agents during your participation. In the event that you are a citizen of France, and/or any of the other countries whose citizens are eligible for this Contest, and pursuant to French law and/or other legislation pertaining to data collection and processing, you are informed that the data collector is 2K Sports whose servers and computer systems are based in the United States and therefore stores such data in the United States. Upon request, you will be provided with access to your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to the address provided in Privacy Policy. You may also withdraw your personal data upon request, however you will be disqualified as an entrant in the Contest if you withdraw your personal data or if you cancel or restrict your Gamertag or Playstation Network ID, as applicable, from receiving messages from Sponsor prior to the determination and fulfillment of the prizes.
- General Release. To the extent permitted by applicable law, by entering the Contest, you release Sponsor and any of its parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Released Parties") from any liability whatsoever, and agree not to make any claims against the Released Parties in respect of any costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest (including, without limitation, participation in the Contest) or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Some jurisdictions do not allow (i) the exclusion of implied warranties on applicable statutory rights; and in the case of some countries, such as Germany, the United Kingdom, and/or The Netherlands, (ii) limitations on a contracting party's liability with regards to damages or death caused due to its negligence or intentional misconduct, so the above exclusions and limitations may not apply in some cases.
- Affidavit/Declaration & Release. As a condition of being awarded any prize, winners may be required to execute and deliver to Sponsor a signed affidavit/declaration of eligibility and acceptance of these Official Rules and release of liability, as permitted by applicable law. Failure to return a signed affidavit/declaration within five (5) days may result in forfeiture of prize. Potential winners are responsible for ensuring return of all required materials; proof of sending will not be considered proof of receipt by Sponsor.
- Winners List; Rules Request. A list of winners will be posted at www.2ksports.com/team2k/nhl2k9 no later than December 1, 2008 and until January 31, 2009. For a copy of the winners list, send a stamped, self-addressed, business-size envelope after December 1, 2008 and before January 31, 2009 to Sponsor at the address listed below, Attn: Team NHL 2K9 Winners List. To obtain a copy of these rules, visit www.2ksports.com/team2k/nhlrules or send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: Team NHL 2K9Rules Request, 10 Hamilton Landing, Novato, CA, 94949.
- General Rules: By entering the Contest, you accept and agree to be bound by these Official Rules and the decisions of the Sponsor. The Sponsor is not responsible for late, lost, delayed, incomplete, corrupt, or misdirected entries, responses, paper entries or other correspondence, whether by internet transmission, e-mail or postal mail or otherwise, or for theft or destruction or unauthorized access or alterations of entry materials, phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. Except where prohibited by law, by participating in the Contest, entrant releases Sponsor, its parent, and their affiliates, subsidiaries, directors, officers, employees, sponsors, and agents, including advertising and promotion agencies, from any and all liability with respect to the Contest or the acceptance, possession or use of any prize, including without limitation (i) any condition caused by events beyond Sponsor's control that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest; and (iii) any printing or typographical errors in any materials associated with the Contest. Sponsor's decisions in all respects relative to the Contest are final. Except where prohibited by law, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised, without liability to the entrant. Sponsor reserves the right to disqualify any winner, as determined by Sponsor in its sole discretion.
- Additional Conditions: Except where prohibited by law, to accept any prize, winner consents to the use of his/her name, photo and/or likeness, biographical information, winning entry and statements attributed to winner (if true) for advertising and promotional purposes without additional compensation.
- 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. In the event of any conflict between the English version of these Official Rules and any translation, the English version shall prevail. The invalidity or unenforceability of any provision herein shall not affect in any way the validity and enforceability of any other provision in these Official Rules.
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