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.