Kongregate Mobile Game Contest Official Rules
NO PURCHASE, OR PAYMENT IS NECESSARY TO ENTER OR WIN
Contest Dates: The Kongregate Mobile Game Contest (the "Contest") begins at 12:01:00 a.m. Pacific Time ("PT") on July 12, 2010 and ends at 11:59:59 p.m. PT on September 24, 2010 (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 July 12, 2010. Employees of Sponsor, Kongregate (the "Sponsor") and Prize Provider, Adobe Systems Incorporated (the "Prize Provider") and their respective 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 p.m. PT on July 12, 2010 through 11:59:59 p.m. PT on September 24, 2010, visit http://www.kongregate.com/games/new/mobile and follow the online entry instructions for uploading. Games previously submitted to Kongregate may be entered if alterations to optimize for mobile have been made. 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.
Judging: Submissions will be judged by a panel of qualified judges. The judges will review the Submissions based upon the following criteria: (1) creativity and innovation (25%); (2) enjoyability (25%); (3) usability and performance across mobile devices (25%); use and integration of Flash 10.1 basic requirements (25%).
The Submission with the highest score received from the judges will be selected as the potential first prize winner. The remaining submissions will be ranked based on the average scores received from the judges. The Submission with the second highest judges' score will be the potential second place prize winner. The Submission with the third highest judges' score will be the potential third place prize winner. The ten (10) Submissions with the fourth through thirteenth highest judges' scores will be selected as the potential runner up prize winners.
The potential prize winners will be chosen and will be notified on or about October 1, 2010. 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 seven (7) days of attempted notice or forfeit prize.
Prizes/Approximate Retail Values (ARV): One (1) First Place Prize: USD $5,000. One (1) Second Place Prize: USD $3,000. One (1) Third Place Prize: USD $1,500. One (1) Fourth Place Prize: USD $1,500. One (1) Fifth Place Prize: USD $1,500. Ten (10) Runner Up Prizes: USD $750. The 1st, 2nd, 3rd, 4th and 5th place winners will also receive one (1) copy of Adobe Creative Suite¯ 5 Web Premium (ARV $1,799 per winner). Total ARV of all prizes $28,995
Rights and Licenses: By submitting a Submission, all entrants provide to Kongregate and Prize Provider a non-exclusive worldwide, royalty free, sub-licensable license to use, display, distribute, perform and copy the Submission, and to make any technical modifications necessary for these uses.
General Conditions: Sponsor and Prize Provider and their 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 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 SWEEPSTAKES PORTION 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, Prize Provider, nor their respective 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.
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 the intellectual property licenses described herein. 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, Kongregate, and Prize Provider, Adobe Systems Incorporated and their respective 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.
Winners List: For a copy of the winners list, available after October 1, 2010, send a self-addressed, stamped envelope to Mobile Game Contest Winners' List, c/o Kongregate, Inc. 660 Mission Street, Suite 400, San Francisco, CA 94105 by December 31, 2010.
Sponsor: Kongregate, 660 Mission Street, STE 400, San Francisco, CA 94105.