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OFFICIAL RULES CURSE [Return to WoW!] CONTEST

(THE “CONTEST”)

 

NO PURCHASE NECESSARY TO ENTER OR WIN.  PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW.

 

1.    Eligibility.  Open to legal residents of Canada or the United States including the District of Columbia who are eighteen (18) years of age or older as of date of entry and have a valid, registered, member account at Curse.com (the “Site”).  Residents of Arizona, Massachusetts and the province of Quebec, Canada are ineligible to enter or win.  Curse Inc. (“Sponsor”) reserves the right to revise the foregoing eligibility criteria prior to the Contest Period (as defined below).  If you have not registered to become a member of the Site, you may do so by clicking here and completing the membership registration process.  Prior to completing your membership registration, you must accept the Site’s Terms of Service and Privacy Policy.  If you do not accept the Site’s Terms of Service, its Privacy Policy and these Official Rules, please do not become a member, cease your use of the Site and do not enter the Contest.  Directors, officers and employees of Sponsor, its parent, and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, consultants, independent contractors, so-called “temporary employees,” former employees and interns and all other entities connected to the Contest, who have, within the past six (6) months, performed services for Sponsor, and immediate families and persons domiciled with those persons or entities are not eligible to enter or win any prizes.  All applicable federal, state, and local laws and regulations apply.  In the event of any dispute that arises in connection to the Contest, entries and Submissions (as defined below) will be deemed to have been submitted by the owner of the membership account from which the entry was posted.  Void in Arizona, Massachusetts, and Quebec, Canada.  Void where prohibited by law.

 

2.   Disclaimer.  To the fullest extent permitted by applicable law, Sponsor, any third party appointed by Sponsor to assist with the administration of the Contest (each a “Contest Administrator”) (if any), and any of their respective parent companies, subsidiaries, affiliates, directors, members, shareholders, officers, professional advisors, employees and agencies (collectively, the “Contest Entities”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer-related or communications-related malfunctions or failures or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to play or participate, or by any human error that may occur in winner notification or other Contest-related communications, or the processing, review, or tabulation of the entries in this Contest; (c) any Contest-related disruptions, injuries, losses or damages caused by events beyond the control of the Contest Entities; or (d) any printing or typographical errors in any materials associated with the Contest, for reasons beyond Sponsor’s control.  If, by reason of a printing or other error, within the official advertising for the Contest carried out by or on behalf of the Sponsor, the entrants reasonably believe that more prizes are available to be won as part of the Contest than the number set forth in these Official Rules, all persons making purportedly valid claims for such additional prizes will be included in a random drawing to award the advertised number of prizes available.  No more than the advertised number of prizes will be awarded.

 

3.    Contest Period.  The Contest shall commence on [10/18/2013] at 12:00 AM CDT and end on [11/18/2013] at 11:59:59 PM PDT (the “Contest Period”).  All entries must be received during the Contest Period to be eligible to win a prize.  Sponsor or, if applicable, its Contest Administrator’s clock shall be the sole method of time keeping for the Contest and Sponsor’s decision as the whether an entry has been received during the Contest Period shall be final.

 

4.   How to Enter the Contest.  During the Contest Period you may enter the Contest by submitting a 140 character or less description of why they want the subscription/what feature they're excited about Each Entry must include the following:

 

  • Each entry must include the following "Tell us the reason you're excited to return to WoW in 140 characters or less"

 

Multiple Entries are allowed, however each separate Entry requires that the entrant submit an inherently different Submission which is substantially dissimilar to any previous Submission provided by such entrant.  Sponsor, at its sole discretion, has final approval of all Submissions for the inclusion in the Contest, including, but not limited to, whether it deems additional Submissions submitted by the same entrant are in fact, substantially dissimilar Submissions.  Any Submissions: (i) which depict, utilize or otherwise contain and/or glorify lewd, obscene, threatening, racist, illegal, vulgar, or profane language or behavior, either as part of the Submission or as the name of the Submission; (ii) that violate any third party’s intellectual property rights (or other proprietary rights) or, in respect of which, Sponsor has grounds to believe they may violate any third party’s intellectual property rights (or other proprietary rights); (iii) that violate and/or do not comply with the Site’s Terms of Service or Privacy Policy and/or these Official Rules; (iv) which are not deemed by Sponsor (acting in its sole discretion) to be substantially dissimilar to any previous Submission provided by the same entrant; or (v) are otherwise deemed to be unsuitable for any reason by Sponsor at its sole discretion, will be disqualified and ineligible to win.

 

All Submissions are subject to the following terms and conditions:

 

Each entrant shall retain its ownership interest and applicable intellectual property rights in and to its Submission.  However, each entrant hereby grants Sponsor, and its agents, affiliates, successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, fully-paid and royalty-free, sub-licensable and transferable license to use, distribute, transmit, display, make derivative works of and utilize all Submissions in any manner and for any purposes including, but not limited to, Sponsor’s advertising and marketing endeavors.  Each Submission is, and will be treated as, non-confidential and non-proprietary.  Sponsor retains the right to subsequently edit or otherwise modify all Submissions in any manner and for any purpose, but is under no obligation to do so.  Each entrant hereby represents, warrants and undertakes that it owns the Submission (and the content therein) submitted by it, or that it otherwise has the right to grant use thereof as set forth in this section, and that the use of said Submission in accordance with these Official Rules will not violate the privacy rights, intellectual property rights (including without limitation, copyright and trademark rights), contract rights, music performance and publishing rights, or any other rights of any person or entity.  Sponsor reserves the right to use the Submission for any purpose, including, but not limited to, online Internet and wireless application protocol use, reproduction, disclosure, advertising and promotional activities, distribution, transmission, publication, and broadcast.  Sponsor reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Submission for any purpose, including, but not limited to, developing and marketing products and/or services using such information, and each entrant acknowledges and understands there shall be no consideration, royalties or other compensation from Sponsor, its agents, affiliates or assigns for use of said Submission or the content therein.  Further, to the fullest extent permitted by applicable law, each entrant (and his or her parent or legal guardian in the event entrant is a minor) and his or her respective heirs, hereby indemnifies, discharges, releases, and holds Sponsor and the Contest Entities together with their respective parents, agents, affiliates, successors and assigns and their respective directors, members, shareholders, officers, employees, agents and representatives (collectively, the “Released Parties”), harmless from any action and/or liability, in any form or manner, arising from such entrant’s failure to comply with these Official Rules and/or any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the Submission.   If you do not agree to these terms, do not enter the Contest.

 

5.   How To Win:  Based on the judging criteria below, Sponsor shall determine the winners by no later than [12/1/2014] from all eligible Entries received during the Contest Period.  The Submission that Sponsor and/or the Contest Administrator(s) (as applicable) determines (acting in their sole discretion) best meets the judging criteria as defined below will be deemed the winner. 

 

6.   Prizes.

                a.    Grand Prize.  A total [5] Grand Prizes consisting of [1 years subscription to WoW] will be awarded.  The approximate retail value (“ARV”) of the Grand Prize is [$180.00]. 

 

 

The total ARV of all prizes awarded in the Contest is [$900.00].

 

Prize winners will be notified by email or any other appropriate method (at Sponsor’s discretion) using the contact details for the prize winner contained within their Entry for the Contest or set out in such winner’s registered account for the Site at such date within forty-eight (48) hours after determination by Sponsor.  To claim a prize, winners must follow the instructions contained in their notification and, if applicable, sing the enclosed Winner’s Affidavit and return it to the address below or as otherwise communicated by Sponsor or its designee.  Sponsor, at its sole discretion may require copies of the winner’s government-issued photo identification (or if a minor, his/her parent’s or legal guardian’s ID).  If a winner does not claim their prize and, if requested by Sponsor, submit a signed Winner’s Affidavit and/or copy of their identification by [11/21/2013], that winner may be deemed to have forfeited the Contest and its prize, and Sponsor may, at its sole discretion, select an alternate winner.  Further, in the event that Sponsor (or its designee) is unable to successfully contact or communicate with a winner, Sponsor may award the prize to an alternate entrant.  Awarding of a prize does not constitute the respective prize-providing entities’ affiliation with, sponsorship, or endorsement of, the Contest.

 

ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.  All prizes will be awarded provided there are sufficient qualified entries.  Prizes returned as undeliverable, or for reasons beyond the Sponsor’s control, may be forfeited and/or awarded to an alternate winner.  The prize is not replaceable if lost, damaged or stolen.  Prizes are not transferable.  No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize in its sole discretion.  There is a limit of one (1) prize per household or address.  All prizes are awarded “AS IS” and Sponsor makes no representations or warranties regarding the quality of any prize and any conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.  Any complaints in relation to any prize must be directed to the relevant third party prize manufacturer or provider of such prize.

 

Sponsor may provide a federal 1099 financial reporting form to U.S. residents and a W8-BeN reporting form for Canadian residents, as applicable.  If so provided, the respective form must be executed and returned to Sponsor per the instructions provided by the Sponsor.

 

7.    Judging.  Winners shall be chosen by Sponsor in its sole discretion based upon the following criteria:  (i) originality; and (ii) creativity, with equal weight being given to each criterion.  All decisions by Sponsor are final.  If you do not agree to these terms and conditions, do not enter the Contest.

 

8.    Tie-Breaking.  In the event of a tie between two or more Entrants, each entrant may be required to provide an additional Submission which shall be judged per the judging criteria as set forth above. 

 

9.   Sponsor Use of Entries and Entrants’ Names and Likenesses.  To the fullest extent permitted by applicable law and subject where applicable to the terms of the Site’s Privacy Policy, you hereby grant to Sponsor an irrevocable, perpetual, royalty free, worldwide license to use and utilize, alter, and publish your name, membership user name, likeness, image, voice, appearance and performance, in whole or in part, as the foregoing may be rendered in the Submission  and/or in connection with the Contest, the Site, and Sponsor’s promotion or other exploitation thereof, regardless of whether such use is in conjunction with Sponsor’s use of the Submission or other entry materials.  Submissions and other entry materials will not be returned to any entrant.  Without limiting the generality of the foregoing, each entrant hereby acknowledges that, to the fullest extent permitted by applicable law, Sponsor shall have the right to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and non-commercially exploit the Submission in perpetuity, worldwide, in any manner or medium now existing or hereafter developed, without any compensation, royalty, or other consideration to you or any other person or entity.  You agree to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor’s rights as set forth above in this section 9.  You may not sell, sublicense or distribute the Submission or any derivative of the Submission without the express, written permission of Sponsor.  In the event that the rights granted herein cannot be granted to the extent required by these Official Rules pursuant to applicable law in which the entrant resides, the foregoing assignment of rights shall be modified to the extent necessary to comply with such laws while giving Sponsor the maximum rights possible to use and exploit the Submission.

 

10.    Representations and Warranties.  You hereby warrant and represent that (a) you own, or otherwise control all rights to the Submission and all entry materials submitted by you; (b) all such Submissions are original works of authorship on your part and have not been copied or derived, in whole or in part, from any other work; and (c) all such Submissions do not violate misappropriate or infringe upon any copyright, trademark, right of publicity, or other proprietary right of any other person or entity.

 

11.    General Release.  Subject to the remaining provisions of this section 11, by entering the Contest, you release and hold the Released Parties harmless from any liability whatsoever in the event of personal injury, property damage, or death, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest, use of the Site, 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, warranty or other theory, to the extent permitted by law.  Each entrant hereby waives application of California Civil Code Section 1542 which provides as follows:

 

A GENERAL RELEASE DOES NOT EXTENT TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

 

Entrant expressly waives the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waives any right to invoke said provisions now or in the future with regard to the Contest.  Entrants and the winner further acknowledge and agree that this waiver is an essential and martial term of these Official Rules and the Contest.

 

12.    Winners List; Official Rules Request.  For a copy of the winners list or the Official Rules, send a stamped, self-addressed, business-size envelope to Sponsor’s address below, Attention, [Return to WoW!] by no later than [1/11/2014].  Residents of WA and VT may omit return postage for Official Rules requests.

 

13.    Governing Law and Jurisdiction.  You agree that the laws of the United States of America and the laws of the State of California, without regard to the principles of conflict of laws, will govern the Contest and these Official Rules. You irrevocable submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in San Francisco County, California, and the related appellate courts, in any related action or proceeding.  As a condition of participating in the Contest, you agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Official Rules shall be resolved individually, without resort to any form of class action.  Further in any such dispute, under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental or consequential damages (including reasonable attorneys' fees), other than your actual out-of-pocket expenses (i.e. costs associated with entering this Contest) and you further waive all rights to have damages multiplied or increased.

 

14.    Miscellaneous.  Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.  Sponsor reserves the limited right to suspend, modify, or otherwise change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant's participation in the Contest in the event that viruses, bugs, network interruptions or failures, unauthorized human or electronic intervention or other causes beyond Sponsor's control affect the administration, security or proper function of the Contest or the Site, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned.   Automated entries are prohibited, and any use of such automated devices will cause disqualification.  Entrants (and any individuals acting on their behalf) who violate these Official Rules, tamper or otherwise interfere with the operation of the Contest, the Site, or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification at any time during the Contest Period.  Sponsor reserves the right to suspend, or otherwise disqualify persons whose eligibility is in question or who have been disqualified or are otherwise deemed to be ineligible to enter and/or further participate in the Contest.  This may include removal of the entrant’s Submission(s).  In connection to, and in event of all of the foregoing, an entrant may become ineligible to win a prize.

 

15.    Digital Millennium Copyright Act.  Pursuant to the Digital millennium Copyright Act, if an individual or an entity has a good faith belief that a Submission infringes upon any third party copyright, please notify us by mail at Sponsor’s address set out in section 16 below, attention Copyright Department, or by email at [email protected] with the subject line stating “Copyright” (a “Copyright Notice”).  The Copyright Notice MUST include the following: (i) describe the alleged infringement in detail; (ii) the copyright owner or who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) any DMCA notice must also contain the following statement:

 

I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law.  I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.

 

16.    Contest Sponsor and Promoter.  Curse Inc., 305 Church St SW Suite 601, Huntsville AL 35806

 

OFFICIAL RULES CURSE Return to WoW! CONTEST

(THE “CONTEST”)

 

 NO PURCHASE NECESSARY TO ENTER OR WIN.  PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW. 

 

1.         Eligibility.  Open to legal residents of the United Kingdom (excluding Northern Ireland) who are eighteen (18) years of age or older as of date of entry and have a valid, registered, member account at Curse.com (the “Site”).  [Curse Inc.] (“Sponsor”) reserves the right to revise the foregoing eligibility criteria prior to the Contest Period (as defined below).  If you have not registered to become a member of the Site, you may do so by clicking [here]  and completing the membership registration process.  Prior to completing your membership registration, you must accept the Site’s Terms of Service and Privacy Policy .  If you do not accept the Site’s Terms of Service, its Privacy Policy and these Official Rules, please do not become a member, cease your use of the Site and do not enter the Contest.  Directors, officers and employees of Sponsor, its parent, and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, consultants, independent contractors, so-called “temporary employees,” former employees and interns and all other entities connected to the Contest, who have, within the past six (6) months, performed services for Sponsor, and immediate families and persons domiciled with those persons or entities are not eligible to enter or win any prizes.  All applicable laws and regulations apply.  In the event of any dispute that arises in connection to the Contest, entries and Submissions (as defined below) will be deemed to have been submitted by the owner of the membership account from which the entry was posted.  Void where prohibited by law.

 

2.         Disclaimer.  To the fullest extent permitted by applicable law, Sponsor, any third party appointed by Sponsor to assist with the administration of the Contest (each a “Contest Administrator”) (if any),  and any of their respective parent companies, subsidiaries, affiliates, directors, members, shareholders, officers, professional advisors, employees and agencies (collectively, the “Contest Entities”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer-related or communications-related malfunctions or failures or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to play or participate, or by any human error that may occur in winner notification or other Contest-related communications, or the processing, review, or tabulation of the entries in this Contest; (c) any Contest-related disruptions, injuries, losses or damages caused by events beyond the control of the Contest Entities; or (d) any printing or typographical errors in any materials associated with the Contest, for reasons beyond Sponsor’s control.  If, by reason of a printing or other error within the official advertising for the Contest carried out by or on behalf of the Sponsor, the entrants reasonably believe that more prizes are available to be won as part of the Contest than the number set forth in these Official Rules, all persons making purportedly valid claims for such additional prizes will be included in a random drawing to award the advertised number of prizes available.  No more than the advertised number of prizes will be awarded.

 

3.         Contest Period The Contest shall commence on [10/18/2013] at 12:00 AM CDT and end on [11/18/2013] at 11:59:59 PM PDT (the “Contest Period”). All entries must be received during the Contest Period to be eligible to win a prize.  Sponsor or, if applicable, its Contest Administrator’s clock shall be the sole method of time keeping for the Contest and Sponsor’s decision as to whether an entry has been received during the Contest Period shall be final.

 

4.         How to Enter the Contest.  During the Contest Period you may enter the Contest by submitting a 140 character or less description of why they want the subscription/what feature they're excited about:  Each Entry must include the following:

 

  • Each entry must include the following "Tell us the reason you're excited to return to WoW in 140 characters or less"

 

Multiple Entries are allowed, however each separate Entry requires that the entrant submit an inherently different Submission which is substantially dissimilar to any previous Submission provided by such entrant.  Any Submissions: (i) which depict, utilize, or otherwise contain and/or glorify lewd, obscene, threatening, racist, illegal, vulgar, or profane language or behavior, either as part of the Submission or as the name of the Submission; (ii) that violate any third party’s intellectual property rights (or other proprietary rights) or, in respect of which, Sponsor has grounds to believe they may violate any third party’s intellectual property rights (or other proprietary rights); (iii) that violate and/or do not comply with the Site’s Terms of Service or Privacy Policy and/or these Official Rules; (iv) which are not deemed by Sponsor (acting in its sole discretion) to be substantially dissimilar to any previous Submission provided by the same entrant; or (v) are otherwise deemed to be unsuitable for any reason by Sponsor at its sole discretion, will be disqualified and ineligible to win. 

 

All Submissions are subject to the following terms and conditions:

 

Each entrant shall retain its ownership interest and applicable intellectual property rights in and to its Submission.  However, each entrant hereby grants Sponsor, and its agents, affiliates, successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, fully-paid and royalty-free, sub-licensable and transferable license to use, distribute, transmit, display, make derivative works of and utilize all Submissions in any manner and for any purposes including, but not limited to, Sponsor’s advertising and marketing endeavors.  Each Submission is, and will be treated as, non-confidential and non-proprietary.  Sponsor retains the right to subsequently edit or otherwise modify all Submissions in any manner and for any purpose, but is under no obligation to do so.  Each entrant hereby represents, warrants and undertakes that it owns the Submission (and the content therein) submitted by it, or that it otherwise has the right to grant use thereof as set forth in this section, and that the use of said Submission in accordance with these Official Rules will not violate the privacy rights, intellectual property rights (including, without limitation, copyright and trademark rights), contract rights, music performance and publishing rights, or any other rights of any person or entity.  Sponsor reserves the right to use the Submission for any purpose, including, but not limited to, online Internet and wireless application protocol use, reproduction, disclosure, advertising and promotional activities, distribution, transmission, publication, and broadcast.  Sponsor reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Submission for any purpose, including, but not limited to, developing and marketing products and/or services using such information, and each entrant acknowledges and understands there shall be no consideration, royalties or other compensation from Sponsor, its agents, affiliates or assigns for use of said Submission or the content therein.  Further, to the fullest extent permitted by applicable law, each entrant and his or her respective heirs, hereby indemnifies, discharges, releases, and holds Sponsor and the Contest Entities together with their respective parents, agents, affiliates, successors and assigns and their respective directors, members, shareholders, officers, employees, agents and representatives (collectively, the “Released Parties”), harmless from any action and/or liability, in any form or manner, arising from such entrant’s failure to comply with these Official Rules and/or any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the Submission.   If you do not agree to these terms, do not enter the Contest.

 

5.         How To Win: Based on the judging criteria below, Sponsor shall determine the winners by no later than [12/1/2014] from all eligible Entries received during the Contest Period.  The Submission that Sponsor and/or the Contest Administrator(s) (as applicable) determines (acting in their sole discretion) best meets the judging criteria as defined below will be deemed the winner. 

 

6. Prizes.

            A total [5] Grand Prizes consisting of [1 years subscription to WoW] will be awarded.  The approximate retail value (“ARV”) of the Grand Prize is [$180.00]. 

 

 

The total ARV of all prizes awarded in the Contest is [$900.00].

Prize winners will be notified by email or any other appropriate method (at Sponsor’s discretion) 48 hours after determination by Sponsor.  To claim a prize, winners must follow the instructions contained in their notification and, if applicable, sign the enclosed Winner’s Affidavit and return it to the address below or as otherwise communicated by Sponsor or its designee. Sponsor, at its sole discretion may require copies of the winner’s government-issued photo identification. If a winner does not claim their prize and, if requested by Sponsor, submit a signed Winner’s Affidavit and/or copy of their identification by  [11/21/2013], that winner may be deemed to have forfeited the Contest and its prize, and Sponsor may, at its sole discretion, select an alternate winner.  Further, in the event that Sponsor (or its designee) is unable to successfully contact or communicate with a winner, Sponsor may award the prize to an alternate entrant.  Awarding of a prize does not constitute the respective prize-providing entities’ affiliation with, sponsorship, or endorsement of, the Contest.

 

ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.  All prizes will be awarded provided there are sufficient qualified entries.  Prizes returned as undeliverable, or for reasons beyond the Sponsor’s control, may be forfeited and/or awarded to an alternate winner.  The prize is not replaceable if lost, damaged or stolen.  Prizes are not transferable.  No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize in its sole discretion.  There is a limit of one (1) prize per household or address.  All prizes are awarded "AS IS" and Sponsor makes no representations or warranties regarding the quality of any prize and any conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.  Any complaints in relation to any prize must be directed to the relevant third party prize manufacturer or provider of such prize.

 

7.         Judging.  Winners shall be chosen by Sponsor in its sole discretion based upon the following criteria:  (i) originality; and (ii) creativity;, with equal weight being given to each criterion. All decisions by Sponsor are final.  If you do not agree to these terms and conditions, do not enter the Contest.

 

8.         Tie-Breaking.  In the event of a tie between two or more Entrants, each entrant may be required to provide an additional Submission which shall be judged per the judging criteria as set forth above.

 

9.         Sponsor Use of Entries and Entrants’ Names and Likenesses.  To the fullest extent permitted by applicable law and subject, where applicable, to the terms of the Site’s Privacy Policy, you hereby grant to Sponsor an irrevocable, perpetual, royalty free, worldwide license to use and utilize, alter, and publish your name, membership user name, likeness, image, voice, appearance and performance, in whole or in part, as the foregoing may be rendered in the Submission  and/or in connection with the Contest, the Site, and Sponsor’s promotion or other exploitation thereof, regardless of whether such use is in conjunction with Sponsor’s use of the Submission or other entry materials.  Submissions and other entry materials will not be returned to any entrant. Without limiting the generality of the foregoing, each entrant hereby acknowledges that, to the fullest extent permitted by applicable law,  Sponsor shall have the right to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and non-commercially exploit the Submission in perpetuity, worldwide, in any manner or medium now existing or hereafter developed, without any compensation, royalty, or other consideration to you or any other person or entity and you irrevocably waive any and all moral rights (if any) which you may have in the Submission in accordance with Chapter IV Part I of the Copyright, Designs and Patents Act 1988 (“CDPA”) or any similar law throughout the world as may be necessary for Sponsor to use and exploit the Submission in the manner anticipated by these Official Rules and you irrevocably grant to Sponsor all performer’s consents required pursuant to the CDPA Part II or pursuant to any other law in any jurisdiction, to enable the exploitation referred to above. You agree to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's rights as set forth above in this section 9.  To the extent that any Submission contains or is derived from any content, materials or rights owned or controlled by Sponsor, a Contest Administrator or any of their respective parent companies, subsidiaries, affiliates, directors, members, shareholders or officers, you shall not sell, sublicense or distribute such Submission or any derivative of the Submission without the express, written permission of Sponsor.  In the event that the rights granted herein cannot be granted to the extent required by these Official Rules pursuant to applicable law, such grant of rights shall be modified to the extent necessary to comply with such laws while giving Sponsor the maximum rights possible to use and exploit the Submission.

 

10.      Representations and Warranties.  You hereby warrant and represent that (a) you own, or otherwise control all rights to the Submission and all entry materials submitted by you; (b) all such Submissions are original works of authorship on your part and have not been copied or derived, in whole or in part, from any other work; (c) all such Submissions do not violate, misappropriate or infringe upon any copyright, trademark, right of publicity, or other proprietary right of any other person or entity; and (d) all such Submissions shall not be in breach of confidence or in contravention of the Data Protection Act 1998 or any other applicable data protection or privacy legislation.

 

11.      General Release.  Subject to the remaining provisions of this section 11, by entering the Contest, you release and hold the Released Parties harmless from any liability whatsoever in the event of personal injury, property damage, or death, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest, use of the Site, 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, warranty or other theory, to the extent permitted by law.

 

Nothing in these Official Rules shall exclude or limit Sponsor’s liability for death or personal injury caused by Sponsor’s or any other Released Party’s negligence or any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by Sponsor or the applicable Released Party to you or any other liability which cannot be excluded or limited under English law. If any court of competent jurisdiction finds any provision of these Official Rules to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions.

 

12.      Winners List; Official Rules Request.  For a copy of the winners list or the Official Rules, send a stamped, self-addressed, business-size envelope to Sponsor’s address below, Attention, CONTEST NAME by no later than [Insert date that is 60 days from the Submission Deadline set forth in Section 3].

 

13.      Governing Law and Jurisdiction.  You agree that the laws of England and Wales, without regard to the principles of conflict of laws, will govern the Contest and these Official Rules. You irrevocably submit to the exclusive jurisdiction of, and venue in, the courts of England and Wales and the related appellate courts, in any related action or proceeding. As a condition of participating in the Contest, you agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Official Rules shall be resolved individually, without resort to any form of group litigation.  Further, in any such dispute, under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental or consequential damages (including reasonable attorneys' fees), other than your actual out-of-pocket expenses (i.e. costs associated with entering this Contest) and you further waive all rights to have damages multiplied or increased.

 

14.      Miscellaneous.  Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.  Sponsor reserves the limited right to suspend, modify, or otherwise change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant's participation in the Contest in the event that viruses, bugs, network interruptions or failures, unauthorized human or electronic intervention or other causes beyond Sponsor's control affect the administration, security or proper function of the Contest or the Site, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned.   Automated entries are prohibited, and any use of such automated devices will cause disqualification.  Entrants (and any individuals acting on their behalf) who violate these Official Rules, tamper or otherwise interfere with the operation of the Contest, the Site, or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification at any time during the Contest Period.  Sponsor reserves the right to suspend, or otherwise disqualify persons whose eligibility is in question or who have been disqualified or are otherwise deemed to be ineligible to enter and/or further participate in the Contest.  This may include removal of the entrant’s Submission(s).  In connection to, and in event of all of the foregoing, an entrant may become ineligible to win a prize. 

 

15.      Copyright Infringement.  Pursuant to the CDPA, if an individual or an entity has a good faith belief that a Submission infringes upon any third party copyright, please notify us by mail at Sponsor’s address set out in section 16 below, attention Copyright Department, or by email at [email protected] with the subject line stating “Copyright” (a “Copyright Notice”).  The Copyright Notice MUST include the following: (i) describe the alleged infringement in detail; (ii) the copyright owner or who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a Copyright Notice; (v) how you may be contacted; and (vi) any Copyright Notice must also contain the following statement: 

 

I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law.  I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.

           

16.      Contest Sponsor and Promoter. Curse Inc., 305 Church St SW Suite 601 Huntsville AL 35801

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