KONGREGATE 'THE FANTASTIC LEVEL CONTEST' OFFICIAL RULES



NO PURCHASE, OR PAYMENT IS NECESSARY TO ENTER OR WIN



A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING



Contest Dates: Kongregate's 'The Fantastic Level Contest' (the 'Contest') begins at 12:01:00 a.m. Pacific Time ('PT') on October 5, 2009 and ends at 11:59:59 p.m. PT on November 1, 2009 (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 5, 2009. Employees of Sponsor, Toyota Motor Sales, U.S.A., Inc., 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 (spouse, 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 5, 2009 through 11:59:59 p.m. PT on November 1, 2009, visit www.kongregate.com (the 'Website') and follow the online instructions for creating and uploading an original level for the 'Fantastic Contraption: Prius Edition' game (the 'Game').You will be required to acknowledge your agreement to these Official Rules and all other applicable terms and conditions as a condition of uploading your original level (the "Submission" or 'Level').  You must follow all online instructions for your Submission to be entered. 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. 

 

By entering a Submission, entrants hereby upon submission grant 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.  By entering a Submission, you agree that your submission is gratuitous and made without restriction and will not place Sponsor under any obligation, and that Sponsor is free to disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. 

 

 

Entrants will be provided with access to the Game, elements of which the entrant may use in their Submission through the use of the level creation feature of the Game.  Sponsor herein grants to entrant a limited license to use the storylines, characters, and any other icons of the Game made available by Sponsor, solely in connection with the creation of his/her Submission.  No other permission to use the Game or its storylines, characters, images, icons or other elements is granted to entrant.

Eligibility: To be eligible: (1) your Submission must conform to the requirements described on www.Kongegrate.com; (2) Submission must be submitted by the end of the Contest Period (3) you must follow all online instructions; (4) you must follow our online Posting Rules, including (a) your Submission may not contain any obscene, pornographic, or otherwise inappropriate language or content, and must be otherwise suitable for publication on the Kongregate Website, (b) your Submission may not infringe any third party's intellectual property or privacy or publicity rights, (c) your Submission may not in any other way violate applicable laws and regulations, (d) you Submission may not include the likenesses of any identifiable persons, and (e) you Submission may not contain 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: Round One: Each eligible Level will be posted on the Kongregate.com website for play and review.  Registered users will rate Levels using a one (1) through five (5) star ranking, with five (5) being the highest.  The fifty (50) Levels that receive the highest average user-ranking results as of 11:59:59 p.m. PT on November 8, 2009 will be selected as Finalists.  Levels must have received a minimum of thirty (30) ratings to be eligible to win a prize.  In the event of a tie for the last finalist spot, all tied entries will be deemed Finalists. 

 

Round Two: The fifty (50) Finalists will be entered into a second round of the Contest, during which the Levels will be judged by a panel of qualified judges.  The judges will review the Levels based upon the following criteria: (1) creativity and innovation (33%); (2) enjoyability (33%); and (3) appropriateness of theme and integration with the Game (33%) (the 'Round Two Judging Criteria').

 

The ten (10) Levels with the highest score received from the judges during Round Two will be selected as the potential grand prize winners. 

 

In the event of a tie in Round Two, the tied Levels will be judged by a second panel of qualified judges who will review the Levels based upon the Round Two Judging Criteria. 


The potential prize winners will be chosen and will be notified on or about November 14, 2009.  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.

 

By accepting a prize, the winner agrees that its Submission will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Submission, including but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged.  Winner hereby waives in favor of Sponsor, all rights of 'Droit Moral' or 'Moral Rights of Authors' or any similar rights or principles of law that winner may now or later have to their Submission.  Sponsor reserves the right to alter, change or modify the winning Submission, in its sole discretion.  Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and 'Moral Rights of Authors' waived under these Official Rules.  Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment.  Further, Sponsor may request from winner that the winner secure from any artist(s), model(s) or videographer an irrevocable assignment and transfer to Sponsor all of any artist(s), model(s) or videographer's right, title and interest in and to the winner's Submission, including but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged.  The artist(s), model(s) or videographer may be required to waive in favor of Sponsor, all rights of 'Droit Moral' or 'Moral Rights of Authors' or any similar rights or principles of law that the artist(s), model(s) or videographer may now or later have in the Submission.  Should Sponsor fail to request the said artist(s) assignment, model(s) assignment or videographer assignment as stated, that shall not be deemed a waiver of Sponsor's rights and Sponsor may at a later time request the assignment(s).  For the avoidance of doubt, by accepting a prize, the winner acknowledges and agrees that the winning Submissions may be packaged as a player expansion pack for the Game and distributed without limitation as to time or territory at Sponsor's sole discretion without any payment or additional consideration to winner. 


Prizes: Ten (10) Grand Prizes: $1,000.00.  Prize will be awarded as check payable to winner.  Total value of all prizes $10,000.00.  

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 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. No prize transfers.  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.

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, Toyota Motor Sales, U.S.A., Inc. 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.

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, send a self-addressed, stamped envelope to
Contest Winners' List, c/o Kongregate, Inc. 660 Mission Street, Suite 400, San Francisco, CA 94105 by Dec 31, 2009.

Sponsor: Kongregate, Inc. 660 Mission Street, Suite 400, San Francisco, CA 94105.