Official Contest Rules
1. Eligibility. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE ODDS OF WINNING.
PROMOTION OPEN ONLY TO RESIDENTS OF THE U.S. EXCLUDING PUERTO RICO. SMUGMUG.COM AND NINTENDO OF AMERICA INC. (the �Sponsors�) RESERVE THE RIGHT NOT TO AWARD PRIZES TO ENTRANTS WHO RESIDE IN OTHER JURISDICTIONS. To be eligible to win a prize, entries must be completed and received by Sponsors in the format designated below. Directors, officers and employees of Sponsors and any of their affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply. Offer void where prohibited. Limit one entry per person.
Sponsors and their respective parent, and any of their respective subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for:
- (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries;
- (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures;
- (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Sponsor; or
- (d) any printing or typographical errors in any materials associated with the Contest.
3. Contest Period.
Contest period is from 12:01 A.M. Pacific Standard Time (PST), October 16, 2006 through 11:59 P.M. PST November 5, 2006 (the �Deadline�). All entries must be received by the Deadline to be eligible to win a prize.
Grand Prize: One (1) grand prize winner will receive two (2) Nintendo DS Lite video game systems, two (2) copies of Pokémon Mystery Dungeon, two (2) copies of the Official Pokémon Mystery Dungeon Player�s Guide, and two (2) Pokémon 10th Anniversary prize packs, featuring a tote, hat and T-shirt.
Runner-ups: Ten (10) runner-ups will each receive one (1) Nintendo DS Lite video game system, one (1) copy of Pokémon Mystery Dungeon and one (1) copy of the Official Pokémon Mystery Dungeon Player�s Guide;
Many will enter, eleven (11) will win. (Approximate Retail Value: Runner-Ups: $139.55 each; Grand Prize: $375.10; Total Contest Prizing Value: $1,770.60)
ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
All prizes will be awarded. Prizes are not transferable. Prizes returned as undeliverable or otherwise not claimed within ten (10) days after delivery of notification will be forfeited and awarded to an alternate winner. No substitutions or exchanges (including for cash) of any prizes will be permitted. Sponsors reserve the right to substitute a prize of equal or greater value for any prize. Prizes won by a minor (as determined by the laws of state of residence) will be awarded to a parent or legal guardian on the minor's behalf. Limit one prize per household or address.
ALL PRIZES ARE AWARDED �AS IS� AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
In the event of a dispute about the identity of the contestant, entries made online will be declared made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide Sponsors with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
5. How to Enter.
To enter, contestants will go to http://nintendo.smugmug.com, where they will view a short summary of Pokémon Mystery Dungeon�s storyline including Pokémon phrases, personality traits and RPG strategy tips. Contestants will use the summarized information to create a cartoon depicting why they, a human, were turned into a Pokémon and what their life as a Pokémon is like. Cartoons must be submitted in a JPEG digital format and must be created in a visual artistic medium, which includes drawing, painting, graphic arts and photos. To submit, entrants will be prompted to enter their e-mail address, agree to the Official Contest Rules and upload their cartoon to the Pokemon Mystery Dungeon Detectives photo gallery at http://Nintendo.smugmug.com. If an entrant is under the age of 18, they will need their parent or legal guardian to agree to the Official Contest Rules on their behalf.
Winning entries should adhere to the contest theme and creatively express what their life as a Pokémon is like. Entries will be judged on their creativity and fidelity to the contest theme. Artwork not related to Pokémon Mystery Dungeon theme will not be eligible to win a prize. Odds of winning a prize depend on the number of eligible entries received. Many will enter; eleven (11) will win.
All prizes will be awarded
6. Contest Rules.
On or before November 10, 2006, Sponsors will judge all eligible entries to determine which entries are the most creative and thematic. Throughout the duration of the contest, Sponsors will monitor entries and post only the entries that are appropriate for all ages. Sponsors will notify the eligible entrants who submit the entries which the judges determine, in their sole discretion, to be the most creative and thematic of all entries submitted that they are eligible to be awarded a prize. Winners will be notified by telephone and/or e-mail by November 20, 2006. To claim a prize, winners should follow the instructions contained in their notification.
7. Sponsor Ownership of Entries.
All entries and materials submitted to Sponsors in connection with the Contest (collectively, �Entry Materials�), along with all copyright, trademark and other proprietary rights associated therewith become the sole property of Sponsors upon submission. Entry Materials will not be returned to any contestant. Without limiting the generality of the foregoing, you acknowledge that Sponsors will own all rights to use, modify, reproduce, publish, display, distribute, and otherwise commercially exploit the Entry Materials in perpetuity and throughout the world, in any manner or medium now existing or hereafter developed, without separate compensation to you or any other person or entity. The contest materials will be posted on Smugmug.com for the duration of the contest period and winning entries may be posted to Nintendo.com and/or Pokemon-Games.com. You agree to take, at Sponsors' expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsors to effect, perfect or confirm Sponsors� ownership rights as set forth above in this paragraph 7.
8. Original Work of Authorship.
You hereby warrant and represent that (a) you own all rights to all Entry Materials submitted by you; and (b) all such Entry Materials are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.
9. General Release.
By entering the Contest, you (and, if you are a minor, your parents or legal guardians) release Sponsors, and their respective parents, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the �Released Parties�) from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
IF YOU ARE A MINOR, YOUR PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO INDEMNIFY EACH OF THE RELEASED PARTIES FROM ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH WHICH MAY BE SUFFERED BY YOU.
10. Use of Winner's Name, Likeness, etc.
Except where prohibited by law, entry into the Contest constitutes permission to use winners' name, address, likeness and/or prize information, without limitation, for Contest purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winners (or their parent or legal guardian where such winner is under the age of 18) may be required to execute a consent to the use of their name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
11. Affidavit & Release.
As a condition of being awarded any prize, winners (and if winner is a minor, winner's parent or legal guardian) will be required to execute and deliver to Sponsors a signed affidavit of eligibility and acceptance of these Official Rules and release of liability.
12. Winners List; Rules Request.
For a copy of the list of winners, send a stamped, self-addressed, business-size envelope after November 5, 2006 and before December 1, 2006 to GolinHarris, Attn: Pokémon Mystery Dungeon �Pokémon Mystery Dungeon Detectives� Contest Winners List, 601 W. Fifth Street, 4th Floor, Los Angeles, CA 90071. To obtain a copy of these rules, send a stamped, self-addressed business-size envelope to the same address. Residents of VT may omit return postage.
13. Copyright Notice.
The Contest and all accompanying materials are copyright © 2006 Nintendo. All rights reserved.
The Contest and these Official Rules will be governed, construed and interpreted under the laws of the State of Washington. Contestants agree to be bound by these Official Rules and by the decisions of Sponsors, which are final and binding in all respects. Sponsors reserve the right to change these Official Rules at any time, at their sole discretion, and to suspend or cancel the Contest or any contestant's participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Sponsors� control affect the administration, security or proper play of the Contest or Sponsors otherwise become (as determined by their sole discretion) incapable of running the Contest as planned. Contestants who violate these Official Rules, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsors, the Contest or any other contestant (in each case as determined in Sponsors' sole discretion) are subject to disqualification from entry into the Contest. Sponsors reserve the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. If you have any questions about these Official Rules or the Contest, send written questions to GolinHarris, Attn: Pokémon Mystery Dungeon �Pokémon Mystery Dungeon Detectives� Contest questions, 601 W. Fifth Street, 4th Floor, Los Angeles, CA 90071.
15. Sponsor Information.
The Sponsors of the Contest are: Nintendo of America Inc., 4820 150th Ave NE, Redmond, WA 98052 and Smugmug, Inc. 3347 Shady Spring Lane, Mountain View, CA 94040.