ENTERTAINMENT SOFTWARE RATING BOARD (ESRB) FACEBOOK CONTEST

 

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. Void where prohibited by law and outside the U.S. Subject to all federal, state and local laws, regulations, and ordinances. Promotion begins on July 1, 2009, at 12:00 p.m. Eastern Time ("ET") and ends on September 30, 2009 at 11:59 p.m. ET or upon receipt of 5,000 eligible entries, whichever first occurs (the "Promotion Period"). If 5,000 eligible entries are received prior to September 30, 2009, Sponsor shall post a notice on the ESRB Facebook page indicating that entries are closed.

 

1. Eligibility: The ESRB Facebook Contest (the "Promotion") is open to legal U.S. residents currently residing in the 50 United States including the District of Columbia who are at least 13 years of age as of the date of entry. Entrants must have Internet access and a profile on the Facebook service (www.facebook.com) operated by Facebook, Inc. ("Facebook"). Employees, officers, and directors of the ESRB ("Sponsor"), the Entertainment Software Association, Facebook, Penny Arcade, video game publishers or developers, ESRB contractors and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Subject to all applicable federal, state and local laws, regulations, and ordinances. Participation constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor's decisions, which are final and binding in all matters related to the Promotion.

 

2. Sponsor: The Entertainment Software Rating Board, 317 Madison Avenue New York, NY 10017. Sponsor is not affiliated with Facebook and is not responsible for its conduct generally, its terms of use, or its use of personal information that entrants provide to or through the Facebook service.

 

3. How to Enter: Participants must post a Note on their Facebook page entitled "IF MY FAMILY WAS A VIDEO GAME..." and answer the following two questions, each in 100 words or less: (1) "If my family was a video game, our ESRB rating summary would be:" AND (2) "I personally think video game rating summaries are valuable because:" Participant must "tag" at least 10 friends and utilize the standard "Outro" text provided on the ESRB website at www.esrb.org/facebook, including links to Sponsor's Facebook page, the Official Contest Rules and the Rating Summaries landing page of Sponsor's website. Participants must also post a link to their Note on Sponsor's Facebook page, following the directions specified in the "Outro" text, which will serve as Participant's formal entry to the Promotion.

 

4. Entry Requirements/Restrictions: to be deemed eligible for consideration and to win a prize, each entry must:
-- contain the standardized "Outro" referenced above
-- tag at least 10 friends
-- post a link to the entrant's Note on Sponsor's Facebook wall
-- reflect a personal message original to entrant
-- answer both questions, each in 100 words or less
-- provide responses appropriate for a general audience (i.e., no profanity or
offensive material)

 

LIMIT FIVE ENTRIES PER PERSON. ADDITIONAL ENTRIES WILL BE DISQUALIFIED. One prize only to any individual. Multiple entrants living in the same household are limited to one prize per household. Entries must be submitted by the contestant. Automated or bulk entries or entries submitted by third parties will be disqualified. Failure to comply with any of these Official Rules, or return any required releases and related documentation, may result in forfeiture of the prize.

 

Entrant warrants and represents that his/her entry (and Sponsor's and its designees' use thereof) does not and will not defame or otherwise violate the rights of any third party and does not and will not violate any federal, state or local laws or ordinances. Entrants further warrant and represent that they have secured the requisite consent from any third party referenced in their entries and agree that Sponsor shall own the entries (and all material embodied therein), which entries will not be acknowledged or returned.

 

Sponsor is not responsible for late or unsuccessful attempts to enter or if any entry is erroneously deleted, lost, corrupted, altered, or destroyed, or for technical, hardware, software, or telephone failures of any kind, lost or unavailable network, server, or other connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by the Sponsor, users, or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur and which may damage a user's system or limit a participant's ability to enter the Promotion.

 

5. Judging Criteria and Winner Selection: At the end of the Promotion Period, all eligible entries will be reviewed by a judging panel consisting of a minimum of three Sponsor representatives, who shall select three Winners. Entrants' responses will be judged on the following criteria: (1) strength of message and its relevance to parents; (2) ability to capture the nature/tone of real ESRB rating summaries; (3) originality of message; (4) humor, personality and audience appeal; and (5) adaptability of message for Sponsor's public service campaign. Winners will be announced on or before November 30, 2009, with Winners' names posted on Sponsor's Facebook page and on Sponsor's website (www.esrb.org/facebook). Winners will be individually notified via Facebook email and/or through a comment on winner's original post. Except where prohibited by law, each Winner selected may be required to verify address and to execute before a notary public and return, within ten (10) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. If the selected Winner does not respond within ten (10) days after the first attempt to contact him/her, or the selected Winner fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, that Winner will be deemed to have forfeited the prize, and the judges will select an alternate Winner whose responses were judged next best based upon the foregoing criteria. If selected Winner is a minor (as provided by the law of the State in which the Winner resides), Affidavit of Eligibility, Liability & Publicity Release must be executed by a parent or legal guardian. Only five (5) alternate winner selections will be made, after which any remaining prizes will not be awarded. Selected Winners are subject to verification by Sponsor. An entrant is not a winner of any prize unless and until entrant's eligibility has been verified and entrant has been notified that verification is complete. Receiving a prize is contingent upon fulfilling all requirements set forth herein.

 

6. Prizes: Each of the three confirmed Winners will receive the following prize:

• A video game gift package including: a video game console of Winner's choice (Microsoft Xbox 360, Nintendo Wii or Sony PlayStation 3) and three (3) video games of Winner's choosing selected from a list of current titles supplied by Sponsor. Console peripherals are NOT included in the gift package, and Winners under the age of 17 may not select a "Mature" rated game without the express, written permission of a parent or guardian.
• Opportunity to have his/her likeness incorporated in a print ad developed by Penny Arcade for Sponsor's public service campaign, and to voice a radio spot for the campaign, both based on their winning entry.
• A trip for two to the first ever "PAX East" in Boston, March 26-28, 2010. Trip includes: two round-trip coach tickets to Boston from the airport closest to Winner's residence and airport transfers (or provision of other appropriate transportation of Sponsor's selection for Winner not requiring air transportation); three nights lodging in a hotel of Sponsor's choosing (one standard room, double occupancy, room and tax only); two "All Access" passes to PAX East; an opportunity to meet the creators of Penny Arcade, Gabe and Tycho. All other costs, charges, taxes, surcharges, fees or expenses connected with attendance at PAX East are the sole responsibility of Winner. To attend PAX East, Winner must be available to travel March 25-28, 2010. Travel companion must complete a travel guest liability/publicity release prior to the trip. Winner's travel companion must be the age of majority in his/her state of residence or Winner must be travel companion's parent or legal guardian and must complete and return all releases on behalf of minor.

 

Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the sole responsibility of the Winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitution at its sole discretion. Sponsor will not replace any lost or stolen prize. Prize cannot be used in conjunction with any other promotion or offer. No more than the stated number of prizes will be awarded.

 

7. General Conditions: This Promotion is governed by the laws of the United States. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and/or (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (c) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the Winner Selection criteria. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Entries specifying an invalid, non-working or inactive Facebook profile will be disqualified and ineligible to win. Winning entrant may be required to provide Sponsor with proof that the claimed winner is the authorized account holder of the Facebook profile with the winning entry or forfeit the prize. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the web site, the application, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person.

 

8. Release and Limitations of Liability: By participating in this promotion, entrants agree that Sponsor and its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, web site providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software, or unavailable network, server, or other connections, garbled transmissions or miscommunications, or telephone transmission problems; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error that may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize.

 

BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

 

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING ALL PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

 

9. Publicity. Except where prohibited by law, Winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor), its subsidiaries, affiliates, retailers, distributors, advertising and promotion agencies, suppliers, and those acting pursuant to its authority, the right and permission to print, publish, broadcast and use, worldwide, in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, each Winner's name, portrait, picture, voice, likeness and biographical information for advertising, trade and promotional purposed (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission or notification. Entrants agree that Sponsor and its designees shall have the perpetual, worldwide right to edit, publish and use the entries in any way and in any media for trade, advertising, promotional and/or other purposes as Sponsor and/or its designees may determine without further consideration to entrants or any third party.

 

11. Official Rules and Winners List: For a copy of the Official Rules, visit http://www.esrb.org/facebook or send a stamped, self-addressed envelope for receipt by December 15, 2009 to: ESRB Facebook Contest, 317 Madison Avenue, 22nd Floor, New York, NY 10017. For a list of winners available after November 30, 2009, go to http://www.esrb.org/facebook or send a stamped, self-addressed envelope for receipt by December 15, 2009 to: ESRB Facebook Contest, 317 Madison Avenue, 22nd Floor, New York, NY 10017. VT residents may exclude return postage.

 

Copyright ©2009 Entertainment Software Rating Board. All rights reserved. ESRB® is a registered trademark of the Entertainment Software Association. Neither Facebook, Inc., Nintendo, Inc., Microsoft, Inc., nor Sony Computer Entertainment America, inc. are sponsoring or in any way affiliated with this Promotion.