KONGREGATE OCTOBER 2012 GAME CONTEST OFFICIAL RULES



NO PURCHASE, OR PAYMENT IS NECESSARY TO ENTER OR WIN



A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING



Contest Dates: The Kongregate October 2012 Game Contest (the “Contest”) begins at 12:01:00 a.m. Pacific Time (“PT”) on October 1, 2012 and ends at 11:59:59 p.m. PT on October 31, 2012 (the “Contest Period”).

Contest Eligibility: The Contest is open to individuals 13 years of age or older, have Internet access, a valid email account, all as of October 1, 2012. Employees of Sponsor and its officers, directors, parent companies, subsidiaries, and affiliated companies, advertising agencies, promotional suppliers, or production agencies, and their respective IRS dependents, immediate family members (parent, child, sibling and spouse of each) and individuals residing in the same household, are not eligible to participate. Void where prohibited by law.

To Enter: Beginning at 12:01:00 a.m. PT on October 1, 2012 through 11:59:59 p.m. PT on October 31, 2012, visit www.kongregate.com and follow the online entry instructions for uploading a game ("Submission"). All Submissions made during that time period will be automatically entered. You must follow all online instructions for your Submission to be counted. Entrants may not enter the Contest with multiple email addresses or under multiple identities. Any entrant who does so, or uses any device or artifice to circumvent the Official Rules may be disqualified and all of their entries forfeited.

Eligibility: To be eligible: (1) your Submission must be in a format accepted at the time of upload; (2) Submission must be integrated with the Kongregate Statististics API as of the end of the Contest Period (3) you must follow all online instructions; (4) you must follow our online Posting Rules, including (a) not including in your Submission any obscene, pornographic, or otherwise inappropriate language or content, and having your Submission otherwise suitable for publication on the Kongregate Website, (b) not infringing any third party's intellectual property or privacy or publicity rights, (c) not in any other way violating applicable laws and regulations, (d) not including in your Submission the likenesses of any identifiable persons, and (e) not including in your Submission any reference to any third party trademarks, names or third party logos or any copyrighted works, including music “samples;" (5) your Submission must be your original work; and (6) you must otherwise adhere to our Terms of Use. All Submissions will be reviewed for content and compliance with these Official Rules before being judged. Entries containing prohibited content or otherwise deemed by Sponsor, in its sole discretion, to be inappropriate will be disqualified. Sponsor makes the final determination as to what games are eligible to take part in this Contest.

Judging: Each eligible Submission will be judged upon the following criteria (the "Judging Criteria"): 100% popularity based on the average five-star user rating on Kongregate.com as of 11:59:59 p.m. PT on November 3, 2012. Each submission must have received a minimum of 30 ratings to be eligible.

The potential prize winners will be chosen and will be notified on or about November 5, 2012. The potential prize winners will be required to execute an Affidavit of Eligibility and Liability/Publicity Release and an affidavit that their entry is unique within 7 days of attempted notice or forfeit prize.

Prizes/Approximate Retail Values (ARV): One (1) First Place Prize: USD $1,500 One (1) Second Place Prize: USD $1,000. One (1) Third Place Prize: USD $700. One (1) Fourth Place Prize: USD $500. Five (5) Runner Up Prizes: USD $250. Total ARV of all prizes $4,950.00.

General Conditions: Sponsor and its respective agencies are not responsible for lost, interrupted or unavailable network, server or other connections, miscommunications, failed telephone or computer hardware or software or other technical failures, unauthorized human intervention, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic, including without limitation, the incorrect or inaccurate capture of entry information online, regardless of cause. All Internet access and use charges are the responsibility of the entrant. Once submitted, Submissions become the exclusive property of Sponsor and will not be acknowledged or returned. Any use of robotic, automatic, programmed or like entry methods will void all entries affected by such methods and be deemed tampering. Entry material/data that has been tampered with or altered is void. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND IF SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor reserves the right, at its sole discretion, to cancel/suspend/modify this Contest in whole or in part for any reason, including without limitation, if the Contest cannot be conducted as originally planned. In case of dispute as to identity of a winner who entered online, entry will be declared made by the registered user of the e-mail account, and, if a prize is won and such registered user is a valid entrant, the prize will be awarded to the registered user. Sponsor is not responsible for posting, printing, distribution, or production errors and may rescind, cancel or revoke the Contest or drawing based upon any such error without liability at its sole discretion. Sponsor will not be responsible to award prizes in excess of the number (or value amounts) of prizes listed in these Official Rules. If a prize becomes unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. No prize transfers, substitutions or cash equivalents except at the sole discretion of the Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any entry at any time in the event it is determined that the entrant has not complied with these Official Rules.

Neither Sponsor, nor its agencies or affiliates are responsible for lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, illegible entries or postage due mail. By participating in this Contest, entrants accept and agree to these Official Rules and the final judging criteria and results that will determine the winners. By participating, each winner agrees to allow use of his or her name, likeness, submitted game, and/or photograph for inclusion in the list of winners, if applicable, and advertising this or similar Contests (including posting of first name and last initial on the web) without compensation, approval, notice, or review unless prohibited by law. By submitting a Submission, entrants hereby upon submission provide to Sponsor an irrevocable, worldwide, fully-paid, royalty free, sub-licensable license to their Submission, so that Sponsor may use the game in any and all media now known or hereinafter developed without territorial or time limitations.

Unless prohibited by law, winners are required to complete, sign and return an Affidavit of Eligibility, a Liability Release and Publicity Release within 7 days of notification, as well as a formal written assignment or license of any and all intellectual property rights in the Submission, including copyright, to Sponsor. If documents are not returned within the 7 day time period, or if prize is returned as non-deliverable, or if winners are found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited or in Sponsor’s sole discretion, may be awarded to an alternate winner selected by Sponsor. All federal, state and local taxes are the sole responsibility of winner. All federal, state and local laws and regulations apply. Participants, by participating in this Contest, hereby waive and release, and agree to hold harmless the Sponsor, and its parents, subsidiaries, affiliates, distributors, licensors, advertising and promotion agencies and all of their respective officers, directors, employees and representatives and agents, from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death, or property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of any prize, or their participation in this Contest, or any prize-related, Contest-related activity. Each entrant agrees that (1) any and all disputes, claims and causes of action arising in connection with this Contest and contest, or any prizes awarded, shall be resolved individually and without any resort to any form of class action, and any judicial proceedings shall take place in the state or federal courts within the state of California, U.S.; (2) any and all claims, judgments, or awards shall be limited to actual out-of pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys fees; and (3) under no circumstances will any entrant be permitted to obtain awards for, and each entrant hereby waives all rights to, any punitive, incidental and consequential damages, and any other damages other than the actual out-of-pocket costs incurred. All issues and questions concerning the construction, validity, interpretation and enforceability of these rules of the rights of the entrant in connection with this Contest, shall be governed by, and construed in accordance with laws of the State of California, U.S. without giving effect to its principles of conflicts of laws.

Privacy Policy: Information collected from entrants is subject to Kongregate's Privacy Policy and may also be used as provided for in these Official Rules.

Winners List: For a copy of the winners list, available after November 6, 2012, send a self-addressed, stamped envelope to Contest Winners' List, c/o Kongregate, Inc. 450 Sansome St, 12th Floor, San Francisco, CA 94111 by December 31, 2012.



Sponsor: Kongregate, Inc. 450 Sansome St, 12th Floor, San Francisco, CA 94111.