The “Worms: A Space Oddity Game” Sweepstakes (the “Sweepstakes”) is intended for participation only in the United States and shall be construed according to, and governed exclusively by, United States law. Do not participate in the Sweepstakes if you are not a legal resident of the United States physically located in the United States at the time of entry or do not fall within the eligibility requirements set forth in the Official Rules below.
The “Worms: A Space Oddity Game” Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY, VOID WHERE PROHIBITED
PROMOTION DESCRIPTION: The Sweepstakes begins on or about March 10th, 2008 at 12:00 a.m. Pacific Standard Time (“PST”) and ends on April 21st at 11:59 p.m. PST (the “Promotion Period”). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Gorilla Nation Media, LLC (“Sponsor”), 5140 Goldleaf Circle, 3rd Floor, Los Angeles, CA 90056, which shall be final and binding in all respects.
ELIGIBILITY: Only legal residents of the fifty (50) United States (and the District of Columbia) who are eighteen (18) years of age or older and located in the United States at the time of entry are eligible to enter. Sponsor, MindShare Interaction, THQ, Inc. and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (and immediate family members and those persons living in the same household of any such officers, directors and employees) (collectively, the “Promotion Entities”), are ineligible to enter the Sweepstakes or win the prize.
HOW TO ENTER: To enter online, visit the web site http://www.wormsgiveaway.com (the “Website”) and complete the entry form. All entries must be actually received by no later than the end of the Promotion Period in order to participate. The Website's database clock will be the official time keeper for this Sweepstakes. Limit one (1) entry per person and/or per e-mail address. All requested information on the entry form must be completed to enter and to be eligible to win. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry. Entries become the exclusive property of the Sponsor and will not be returned. The information obtained via the entry will be used by Sponsors and their affiliates for marketing purposes. If you prefer that your information not be used for these purposes do not check the appropriate box online. Otherwise, any communication, data or other information transmitted by an entrant in connection with the Sweepstakes, whether by electronic mail, data survey/query or otherwise, is and will be treated as non-confidential and non-proprietary. By “opting in,” an entrant grants and hereby irrevocably assigns to Sponsor the exclusive right to reproduce, publish (in all media including online media), edit, use, transfer or sell the entry, data or other information collected, or any part thereof, for all commercial purposes, in perpetuity, throughout the universe, at no charge to Sponsor and without compensation to the entrant.
NOTE: Internet entry must be made by the entrant only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device to automate the entry process is prohibited.
WINNER NOTIFICATION: The winner will be randomly selected from all eligible entries received throughout the Promotion Period in a drawing held on or about April 21st, 2008. The potential winner will be notified by telephone and/or mail and/or email using the contact information given at the time of entry. Sponsor shall have no liability for any winner notification that is not received by the potential winner for any reason.
PRIZE/ODDS: Ten (10) prizes are available. Each prize consists of one (1) copy of the game Worms: A Space Oddity. The approximate retail value of each prize is $49.99. Prizes are non-assignable and non-transferable. No cash alternative or prize substitutions will be allowed except that Sponsor retains the right to substitute a prize of comparable or greater value (or at Sponsor's election, the cash value of the applicable prize) in the event a stated prize is unavailable, in whole or in part, for any reason. Odds of winning depend on the number of eligible entries received during the Promotion Period.
GENERAL PRIZE CONDITIONS: The winner shall be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize awarded. Winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification, the winner may be disqualified and an alternate winner may be selected. Unclaimed prizes will not be awarded. If an individual winner does not claim his or her prize by May 21st, 2008, the prize will be forfeited back to the supplier. Prizes cannot be claimed after the Sweepstakes has been completed or forfeited.
GENERAL RELEASE: Acceptance of a prize constitutes winner’s permission for Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Each entrant agrees that the Promotion Entities (A) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or in any Sweepstakes related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. In the event of a dispute as to the identity of an entrant which cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. In the event any portion of this Sweepstakes is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsors which, in the sole opinion of the Sponsors, corrupts, or impairs the administration, security, fairness or proper submission of entries, Sponsors reserve the right at their sole discretion to suspend or terminate the Internet Sweepstakes, and randomly select a Winner from Internet entries received prior to the action taken.
By entering the Sweepstakes, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the sweepstakes or contest, but in no event will attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS, SPONSOR, AND PROMOTION ENTITIES IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
WINNERS LIST: For names of Winners, send a stamped, self-addressed envelope for receipt by May 21st, 2008 to: Worms: A Space Oddity Sweepstakes Winners, c/o Gorilla Nation Media, LLC (“Sponsor”), 5140 Goldleaf Circle, 3rd Floor, Los Angeles, CA 90056
OFFICIAL RULES: These Official Rules will be posted on the Website.