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The Evil Within Sweepstakes - Official Rules

JAlbor October 16, 2013 User blog:JAlbor

Participation in The Evil Within™ Boxman Halloween Contest (the “Contest”) is subject to the Contest Rules set out below. Failure to comply with them may lead to disqualification. Each Entrant (defined below) is also granting rights to use their entry and to publish their name and other details in connection with the Contest. Please read the Contest Rules carefully.

CONTEST INFO

  • The Contest opens for Entries (defined below) at 7:00AM PST on October 16 2013 and closes October 31, 2013 at 11:59 PM PST (the “Contest Period”). Entries that are submitted before or after the Contest Period will be disqualified.
  • The Contest is open only to individuals who are:
    • 18 years of age or older at the time of entry;
    • legally residing in the United States, Canada (excluding Quebec), or the United Kingdom (the “Territories”); and

possess a valid passport, driver’s license, identity card or equivalent official form of personal identification; (collectively, the “Eligibility Requirements”).

  • There is no limit to the number of Entries per person.
  • During the Contest Period, participants are allowed to enter the Contest by (a) submitting one (1) image of an original costume or original artwork depicting The Evil Within character Boxman, that does not contain any vulgar imagery, sexual content, or copyrighted material (save for any copyrighted material provided by Wikia (defined below) expressly for the Contest which Entrant is permitted to use solely for the creation of the entry and participation in the Contest); and (b) providing contact information upon request, including name, address and phone number (the “Entry Requirements”).
  • Approved submissions may be shared during and after the Contest Period on social media.
  • Ten (10) lucky winners selected at random from the Entrants will receive the following prizes (each, a “Prize”). There is no cash alternative and the Prizes are non-transferable and non-exchangeable in full or in part. Winners are responsible for any applicable taxes on the prizes awarded.
    • The first 5 winners will receive an NVIDIA 7 GeForce GTX 760 video card (approximate retail value of $250.) and a The Evil Within poster signed by Shinji Mikami (approximate retail value of $20.00)
    • The next 5 winners will receive a The Evil Within poster signed by Shinji Mikami (approximate retail value of $20.00)
  • The winners will be announced on Thursday, November 7, 2013.
  • The Contest is run by Wikia Inc. located at 500 3rd Street, Suite 405, San Francisco, CA 94107 (“Wikia"). Entry is not open to Wikia's personnel and their immediate families or anyone connected with the creation and administration of the Contest.
  • NO PURCHASE NECESSARY. VOID OUTSIDE THE TERRITORIES AND WHERE PROHIBITED BY LAW.

OFFICIAL RULES: By actively entering this Contest, each entrant (the “Entrant”) will be bound by and grant the rights set out in these Official Rules.

1. NO PURCHASE NECESSARY. VOID OUTSIDE THE TERRITORIES AND WHERE PROHIBITED BY LAW.

2. Contest Description. Individuals who upload original images depicting the character “Boxman” will be eligible to enter an online submission form for a chance to win an NVIDIA 7 GeForce GTX 760 video card. The Contest is only open to individuals who comply with the Eligibility Requirements above. Wikia reserves the right to require verification of compliance before the winners are announced.

3. How To Enter. Read the Official Rules. Create an image showing your original Boxman costume or fan art. Upload your image(s) to The Evil Within Wiki. (submissions made in this manner are collectively referred to as “Entry" or “Entries"). The authorized Wikia account holder who uploads the image(s) (the “Entrant”) must meet the eligibility criteria.

4. Eligibility Restrictions. In addition to the Eligibility Requirements, Entries are limited to individual consumers only; commercial enterprises and business entities are not eligible. Directors, officers, employees, contractors and agents of Wikia or ZeniMax, their respective subsidiaries, affiliates, resellers, or advertising or promotional agencies and members of their immediate families (defined as children, parents, siblings or spouses) are not eligible to participate in the Contest. The Contest is run by Wikia on http://www.theevilwithin.wikia.com (the Website). To participate, Entrants must: 1) have access to a computer, 2) have Internet access; 3) register or have registered for Wikia user account, and 4) submit an eligible Entry.

5. No Late Entries. Each Entrant may only submit an entry in accordance with the Entry Requirements during the Contest Period. Wikia cannot accept late, incomplete or undelivered entries for any reason, including but not limited to technical failure. Proof of sending is not proof of receipt of entry. Automated, disruptive or fraudulent entry means are prohibited.

6. Entry Restrictions. Each Entrant confirms that: (a) their Entry is original and does not contain anything created or owned by any other person (save for any material provided by Wikia or ZeniMax Media Inc. or its affiliates (“ZeniMax”) expressly for the Contest which Entrant is permitted to use solely for the creation of the entry and participation in the Contest - as set out in the Contest Rules); (b) they have the written permission of anyone who features (or whose name, likeness, image, or performance features) in the entry and that person is 18 years of age or older; (c) their entry has not been previously published; (d) their entry has not been copied from someone else's work and does not feature the trademark, brand, or name of someone else nor breach or infringe upon the legal rights of any third party including rights of privacy and/or publicity; (e) further copying, display, distribution, posting for streaming/download, public performance or any other use of the entry by Wikia or ZeniMax will not infringe the rights of any third parties; and (f) their entry does not contain anything defamatory, obscene, offensive, vulgar or otherwise inappropriate for the Website or which is unlawful, controversial or would otherwise violate Wikia’s Terms of Use.

7. Grant of Rights. By submitting an Entry each Entrant grants to ZeniMax, a non-exclusive but unlimited license of any and all rights in their entry on a worldwide, irrevocable, transferable, sublicenseable and royalty-free basis, for the full duration of the existence of those rights, for any and all purposes including without limitation copying, display, distribution, posting for download, public performance, and any other use. Entrant irrevocably grants all necessary permissions, consents and waivers including in respect of so-called moral rights and performers' rights necessary to permit ZeniMax unrestricted use of the entry including the right to edit, adapt, rearrange, amend or change the entry in any way including combining it with any other works without the need for further notification to or permission from the Entrant. Entrant shall not be entitled to any credit or publicity if the Entry is used by Wikia or ZeniMax, but Entrant gives its permission now for such credit or publicity. By entering the Contest, each Entrant agrees to sign and deliver to ZeniMax such documents as ZeniMax may require to give effect to the rights and obligations granted in these Contest Rules.

8. Identity of Entrants; Limitations on Entries. The authorized Wikia account holder of the user account that uploaded the Entry will be deemed to be the Entrant. The “authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the address. Potential winners may be required to show proof that they are the authorized account holder or the Entrant. The use of any automated launching or entry software or any other mechanical or electronic means that permits the Entrant to automatically enter repeatedly or in excess of one entry per person is prohibited. Mechanically generated entries will be discarded and may result in total and permanent disqualification from the Contest.

7. How You Win. The ten (10) winners will be selected in a random drawing on or about November 7, 2013 from among all eligible Entries received. Each Entrant’s chances of winning are dependent upon the number of Entries received. Wikia’s decisions are final in all matters related to the Contest. Residents of Canada Only: Before being declared a winner, each selected Entrant must first correctly answer without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered at a mutually convenient time by telephone.]

8. Prizes. The Prize is limited to One (1) Prize per winner. The Prize cannot be assigned, transferred, redeemed for cash, or substituted, except by Wikia, who may at its sole discretion, substitute the Prize with one of comparable value if the advertised Prize becomes unavailable for any reason.

9. Notification. Wikia will attempt to notify winners by email and/or by post at the address provided within approximately three (3) days following selection of each winner. Wikia is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any email account or physical address. The winner must then respond to Wikia within forty-eight (48) hours. Should the winner fail to respond to Wikia or be disqualified, Wikia reserves the right to select a new, replacement winner. Unclaimed Prizes will not be awarded. Individuals may request the name of the winners by submitting a self-addressed, stamped envelope after November 7, 2013 to: 500 3rd Street, Suite 405, San Francisco, CA 94107, United States. By participating, you agree to Wikia’s inclusion of your name, and the city or town and country of your residence on such list if you are a winner.

10. Affidavit; Publicity Release. Each winner may be required to sign an affidavit of eligibility, liability waiver and publicity release that will allow Wikia and ZeniMax to use the winner’s name, photography, likeness, voice, Prize information, and biographical information for publicity and promotional purposes without further compensation where permitted by law. By entering the Contest or accepting any Prize, each Entrant consents to use of his or her name, likeness and any statements, quotes or testimonials for publicity, advertising and other promotional purposes without further compensation, except where prohibited by law.

11. Taxes. All taxes associated with the receipt or use of the Prizes is the sole responsibility of each winner. Wikia reserves the right to withhold any taxes as required by applicable law. Prizes are not transferable. No substitutions (including for cash) are permitted, but Wikia reserves the right to substitute a Prize of equal or greater monetary value to the Prizes if for any reason any Prize cannot be awarded as contemplated in these Rules.

12. Conditions of Participation. By submitting an Entry for this Contest, you agree to abide by these Rules, Wikia’s Terms of Use, and any decision Wikia makes regarding this Contest. Wikia reserves the right to disqualify from the Contest, and any future contest or other promotion conducted by Wikia, and to take such other action as may be appropriate, any Entrant or winner who, in Wikia’s reasonable suspicion, tampers with Wikia’s web site, the entry process, intentionally submits mechanical entries, violates these Rules, or acts in an unsportsmanlike or disruptive manner.

13. Privacy and Use of Contest Information. Any personal information received by Wikia in connection with this Contest will be used solely in accordance with Wikia’s privacy policy, which can be found at http://www.wikia.com/wiki/Terms_of_use#Collection_of_personal_information.

14. Governing Law. These Rules and this Contest are governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, San Francisco. The parties consent to the jurisdiction of the state courts of California and the federal courts located with such state and county with respect to any action, dispute or other matter pertaining to or arising out of this Contest. This Contest is subject to all applicable laws. Void where prohibited.

15. Sponsor. The Sponsor of this Contest is Wikia Inc., 500 3rd Street, Suite 405, San Francisco, CA 94107 (“Wikia"). All questions regarding this Contest should be directed by email to promotions@wikia-inc.com.

16. Release. BY ENTERING THE CONTEST, ENTRANTS RELEASE AND HOLD HARMLESS BOTH WIKIA AND ZENIMAX , AND EACH OF THEIR RESPECTIVE PARENTS, DIVISIONS, AFFILIATES SUBSIDIARIES, AGENTS, AND ADVERTISING AGENCIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTENT OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY, INFRINGEMENT OF PROPRIETARY RIGHTS ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE CONTEST; (II) ACCEPTANCE OR USE OF ANY PRIZE; OR (III) OTHERWISE ARISING OUT OF OR RELATING TO THE CONTEST.

17. Disclaimer and Limitation of Liability. NEITHER WIKIA NOR ZENIMAX GIVE OR MAKE ANY REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTEST OR ANY PRIZE OR ANY ENTRANT’S PARTICIPATION IN THE CONTEST. NEITHER WIKIA NOR ZENIMAX SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM, ANY OCCURRENCE, EVENT OR CONDITION OUTSIDE THEIR REASONABLE CONTROL THAT MAY AFFECT THE CONTEST OR CAUSE THE CONTEST TO BE DISRUPTED, SUSPENDED OR CORRUPTED, INCLUDING: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; AND (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS CONTEST. WIKIA RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE CONTEST OR ALTER THE RULES IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE OCCURRENCE, EVENT OR CONDITION ALTERS OR CORRUPTS THE ADMINISTRATION OF THE CONTEST.

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