NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
DESCRIPTION OF THE CONTEST. Participants in the Pwnit Video Contest (“Contest”) can compete for prizes by submitting videos (“Video”) showing how they play a popular Video game that Pwnit will announce at the Contest site. The Contest will be conducted in a series of competitions (“Ladders”), each of which will feature a different video game, with different start and end dates and with different prize structures. The Videos for each Ladder will be posted for public viewing and the Video that receives the most votes will be declared the winner of that Ladder. The rules below apply to all Ladders. Separate terms and conditions for each Ladder, including the entry dates and prizes, will be posted at the Contest site before the commencement of each Ladder period.
1.) ELIGIBILITY. Contest is only open to residents of the fifty (50) United States and the District Of Columbia, who are of legal age of majority in their states of residence (18, except in AL and NE: (19), and MS: (21) and citizens who are of legal age of majority in their country of residence in Albania, Andorra, Australia, Austria, Belarus, Belgium, Bosnia-Herzegovina, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Mexico, Moldova, Monaco, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, and Vatican City. Employees of Pwnit ("Sponsor") and employees of each specific Ladder Sponsor partner (“Partner”), including developers, publishers, companies and brands and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate families (defined as spouses and parents, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws.
2.) HOW TO ENTER. Visit the Contest site www.pwnit.com and follow the onscreen instructions to register. You need only register once if you compete in multiple Ladders. The first Ladder will begin at 12:00 AM on October 16, 2013 and end at 11:59 PM on October 31, 2013. All times are Eastern Standard Time. All subsequent Ladders will follow the same structure with times and dates clearly detailed on each Ladder page. To compete in any Ladder, upload a Video at the Contest site in which you either 1) depict yourself playing the featured video game for that Ladder or 2) performing an activity consistent with the Contest theme detailed on each Ladder page. You may upload your Video at any time during a weekly Ladder, but you are encouraged to submit a Video early in the Ladder period to potentially receive a higher vote total. You may enter only one Video per Ladder period. Videos submitted for a particular Ladder period will not be carried over into the next Ladder period.
3.) VIDEO. The Video may not exceed the length detailed on the Ladder page and must be in a file format accepted by the Site.
a. The Video may not contain any content that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, or that otherwise contains inappropriate content or objectionable material as determined by Sponsor in its sole and unfettered discretion.
b. The Video must be your original work, created solely by you, and must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any person or entity.
c. If a gameplay Video you must be the active player in the clip and gameplay must be the focus of the Video. If the Video is not gameplay, the Video must include you and/or your voice and may include other persons only if you obtain all releases and consents necessary to permit the exhibition and use of the Video by Sponsor, as set forth in these Official Rules. If any person appearing in the Video is under the age of majority in his/her state, the signature of a parent or legal guardian will be required on each release.
d. Except for screen names the Video must not contain any personally identifiable information of any person other than yourself. If the Video includes your personally identifiable information, you acknowledge and agree that such information may be disclosed publicly and you are solely responsible for any consequences thereof.
e. The Video may not contain any commercial content or logos other than the featured video game.
f. The Video may not have been previously published on a Site, public or private forum in which Rights to post the Video would be in violation of another agreement.
By submitting your Video, you agree that it conforms to these Official Rules and that Sponsor, in its sole discretion, may disqualify your Video for any reason at any time if it determines that the Video fails to conform to these Official Rules or otherwise contains content the Sponsor deems unacceptable.
By submitting a Video, you hereby grant Sponsor permission to post your Video at the Contest in perpetuity. You agree that the Released Parties (as defined below) are not responsible for any unauthorized use of your Video by third parties. Sponsor does not guarantee the posting of any Video. You agree that you will not use the Video for any other purpose, including, but not limited to posting the Video to any online social network, without the express consent of Sponsor in each instance.
4.) PUBLIC VOTING. Each Video will be placed at the Contest site during each Ladder period for the public to view and vote for their favorite Videos. Voting will be subject to the Voting Terms and Conditions located at the Contest site. Votes are limited to one vote per person, per Video, per Ladder event. Ally votes, which are Votes from other Users who are your approved Allies, add an extra vote. You are prohibited from obtaining votes by any fraudulent or inappropriate means, including, but not limited to soliciting votes from external vote sharing or swapping services, offering anything of value or other inducements to members of the public, as determined by Sponsor in its sole discretion. Votes generated by script, macro or other automated means or which subvert or impair the integrity of the voting process will be void. If you or any other individual attempts to tamper with the voting mechanics by registering for additional Accounts, Sponsor may void the votes in question and disqualify you at its sole discretion.
5.) WINNER SELECTION. At the conclusion of each Ladder, Sponsor will tally the votes received for each Video. The Video with the highest number of votes in each Ladder period will be declared the winner, pending verification of his/her eligibility. In the event of ties in any Ladder, the Video with the higher number of Ally votes will be declared the winner. In the event of Ally vote ties in any Ladder, the Video that is submitted the earliest in a Ladder period will be declared the winner. [Or the winner could be decided in a random drawing or the prize, if cash, could be divided between/among the tied entrants.]
6.) PRIZES. Prizes for all Ladders and their approximate retail value will be set forth at the Contest site at the start of each Ladder period. Prize winners are responsible for all federal, state and local taxes. Prizes may not be substituted or transferred, except by sponsor who may substitute a prize of equal or greater value. Winners who receive a prize valued at $600 or more will receive an IRS form 1099. All prizes will be awarded as is, with no warranty or guarantee, either expressed or implied.
a. When "Repeat Prizing Restricted" is noted in the Rules Section of a Contest prizing is open to entrants who have not previously been awarded identical prizing from Contest(s) associated with the same game(s) in the past sixty (60) calendar days. Sixty (60) calendar days must elapse between the close of the Contest in which an entrant was specified a Winner and the start of the current Contest marked with "Repeat Prizing Restricted" for an entrant to be eligible to win repeat prizing. Sponsor reserves the right at its sole discretion to determine what is identical prizing.
7.) WINNER NOTIFICATION. Potential winners will be notified by telephone, mail and/or email and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within seven (7) days of the date appearing on the prize notification. If a prize or prize notification is returned as undeliverable, if a potential winner fails to sign and return the requested documentation within the specified time period, or if the Sponsor cannot contact a potential winner within a reasonable time period, the potential winner may be disqualified.
8.) GENERAL CONDITIONS. By participating, you agree: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, the participating Sponsor as listed on the Ladder page to which you Submit, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind suffered by your or other persons, including death or property damage, that results in whole or in part, directly or indirectly, from your participation in the Contest, from any Contest-related activity in which you engage or from your acceptance, possession, use or misuse of any awarded prize; and (c) you further grant to Sponsor the right to use your name, voice, performance, Video, or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide, and in perpetuity, without compensation (unless prohibited by law) or additional consents.
9.) LICENSE. By submitting your Video, you hereby grant to Sponsor, and to its licensees, participating partners, successors and assigns, and any person or entity acting on its behalf, the irrevocable right and license to use, publish, exploit, modify, edit, transmit and distribute the Video, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity for purposes without compensation, permission or notification.
10.) GOVERNING LAW/JURISDICTION. The Contest and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California applicable to contracts made and performed entirely in California. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of or connected with this Contest, the prizes awarded, or the determination of the winners shall be resolved individually, without resort to any form of class action. You further agree that in any cause of action, the Released Parties entire liability shall be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorneys' fees and/or experts' fees and costs. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and you further waive all rights to have damages multiplied or increased.
12.) MISCELLANEOUS. Released Parties are not responsible for 1) lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, or garbled Videos; or 2) for network, server, Internet Service Provider (ISP), or website, errors or malfunctions; or 3) failed computer, satellite, telephone or cable transmissions; or 4) technical failures or computer hardware or software malfunctions of any kind; or 5) errors that may occur in connection with the administration of the Contest, the posting of Videos, the announcement of the prizes, or in any Contest-related materials. Released Parties are also not responsible for any technical failures caused by site users or hackers or damage to the computer of any person who participates in this Contest. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Videos will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Videos, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Videos received prior to action taken.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
13.) Request for Winners’ List. For a list of winners (available after [each Ladder commences]), view pwnit.com/winners or send a self-addressed, stamped, envelope within one (1) year of the commencement of the Ladder to: [Write the Ladder Name] Winner, Pwnit!, Inc. P.O. Box 291753, Los Angeles, CA, 90029.
Official Rules – Addendum: First Place / First Prize Judging (please see Rules for comprehensive review of Official Rules)
Notwithstanding the provisions in the Office Rules regarding The Description of The Contest, Section #4 - Public Voting and Section #5 - Winner Selection, the determination of the first place (1st) winner of the Ladder shall be determined in accordance with the following specified criteria:
- Pwnit shall appoint a judge, termed the “Judiciator”, who shall be an employee, officer, agent, or representative of Pwnit!, Inc., and who shall be solely responsible for the determination of the first place winner of the Ladder taking into consideration the following criteria, which shall have relative weight on the overall score as set forth below:
- The extent to which the Video adheres to the Ladder objective(s) set forth on the Ladder page [20% relative weight];
- The extent to which the Video reflects the performance of the Ladder objective(s) based on a combination of i) accuracy, ii) efficiency, iii) creativity and iv) overall skill [25% relative weight]; and
- The extent to which the Video demonstrates the PWN Factor™, or thoroughly distinct game play represented by the Video that makes it unique [55%].
- For the avoidance of doubt, the Judiciator shall not determine the first place winner of the Ladder based on any combination of the following characteristics:
- The Participant’s reputation as a gamer;
- The Participant’s number of allies or followers;
- The number of Votes or views;
- Video audio or video quality;
- Video editing quality;
- Video music choice; and
- Choice of weapon or game mode, unless expressly specified by the Ladder objective(s).