THE CULT OF RAPTURE OFFICIAL TEE SHIRT DESIGN CONTEST
NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Contest may only be entered in or from the 50 United States, the District of Columbia and Canada (excluding Quebec) and entries originating from any other jurisdiction are not eligible for entry. This Contest is governed exclusively by the laws of the United States and Canada (excluding Quebec). You are not authorized to participate in the Contest if you are not located within the 50 United States, the District of Columbia or Canada (excluding Quebec).
1. How to Enter. To enter the “Cult of Rapture T-Shirt Design Contest” (“Contest”), create an original design for a T-shirt (“Design”) that promotes the upcoming release of the BioShock® videogame (“BioShock” or “Game”) on PlayStation 3 (“PS3”) scheduled to be released in October 2008. Your Design may not include more than five (5) colors (including black and white) and Designs that include more than five (5) colors will be disqualified. Though your Design may portray characters and imagery from the Game, the Design must reflect your own artistic style and should not directly copy characters and/or imagery from the Game. Complete the entry form by providing your full name, date of birth, postal address, and email address, and submit it with the Design (which must be as a .psd, .ai, or .jpg file in high resolution (bigger than 2400 by 2400 pixels at 300 DPI)) to BioShockContest@2kgames.com. All entry information and Design will be collectively referred to herein as “Submissions” or each as a “Submission.” Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum Judging Criteria, as defined below in Paragraph 4.
By entering, each entrant warrants and represents the following with respect to the non-BioShock elements (e.g., characters and imagery) of their Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant’s own original creation; (c) the Submission will not infringe on any rights of any third parties; (d) any non- BioShock third parties appearing or depicted in the Submission have given entrant appropriate consent (if necessary) to be used as permitted herein (note that a third-party release may be necessary in order to be designated as a winner); and (e) the Submission will not promote a product or service (besides the Game) in any way.
Limit one entry per person. No automated entry devices and/or programs permitted. All entries, including Submissions, become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
2. Start/End Dates. Contest begins at 12:00:01 AM Eastern Time on June 23, 2008 and ends at 11:59:59 PM Eastern Time on July 25, 2008 (the “Contest Period”).
3. Eligibility. Participation open only to legal residents of the fifty United States, the District of Columbia, and Canada (excluding Quebec), who are over the age of majority in their jurisdiction or residence as of date of entry. Void in Puerto Rico, Quebec, and where prohibited, taxed or restricted by law. Employees, officers and directors of 2K Sports, Inc., and its parent company, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of Contest materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Subject to all federal, state, provincial and local laws and regulations.
4. Judging Criteria. Sponsor and judges reserve the right, in their sole and absolute discretion, to disqualify any Submission that does not comply with these Official Rules, or contains third party content, or is inappropriate for any reason, including without limitation, for depicting or mentioning sex, violence, drugs, alcohol and/or inappropriate language. Submissions will be judged based on the following equally weighted judging criteria (“Judging Criteria”): (a) Originality; (b) Enthusiasm for the Cult of Rapture and BioShock; and (c) Design’s ability to communicate the look and feel of BioShock and the world of Rapture. All Submissions will be judged by a panel of judges on or about July 2, 2008. In the event of a tie, the highest score in the originality category will determine winner. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
5. Prizes. One (1) Grand Prize Winner will receive a BioShock “Breaking the Mold” artbook (ARV: $30 US/ $30 CDN), two exclusive BioShock figurines (ARV: each $50 US/$50 CDN), a BioShock poster signed by 2K Marin (ARV: $50 US/ $50 CDN), and ten (10) T-shirts (available in Men’s S-XL or Women’s M-XL) depicting Grand Prize Winner’s winning Design (ARV of each T-shirt: $20 US/$20 CDN ). Total ARV of Grand Prize: $350US/$350 CDN.
Three (3) Runner-up Winners will each receive a BioShock “Breaking the Mold” artbook (ARV: $30 US/$30 CDN), one (1) T-shirt (available in Men’s S-XL or Women’s M-XL) of Runner-up Prize Winner’s own Design (ARV: $20 US/$20 CDN), and have the opportunity to have their Design made into desktop wallpaper downloaded off www.cultofrapture.com. (ARV: $5 US/$5 CDN). Total ARV of each Runner-up Prize: $55 US/$55 CDN. ARV of all prizes combined: $ 505 US/$505 CDN.
Prizes are non-transferable. No substitutions or cash redemptions, except that Sponsor reserves the right to substitute prize for a prize of greater or equal value if prize becomes unavailable or for whatever reason. All taxes and unspecified expenses are the responsibility of winners. Sponsor is under no obligation to mass market any of the above- winning Designs.
6. Notification. Potential winners will be notified by e-mail or mail on or about July 11, 2008, and may be required to sign and return an Affidavit/Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document within ten (10) calendar days of prize notification. If any winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given. If any winner is considered a minor in his/her jurisdiction of residence, Affidavit/Declaration of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian, and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian.
7. Conditions. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion. Any and all federal, state and local taxes are the sole responsibility of the winners. By entering, each entrant warrants and represents that (1) if their Submission is a Winning Design, he or she agrees to provide legal releases for the use of such Design in a form satisfactory to judges and/or Sponsor; (2) that Sponsor shall own the Design (and all material embodied therein); (3) that by entering, the entrant assigns to Sponsor and its designees any and all rights, title and interest in the Design including but not limited to all intellectual property rights; and (4) that Sponsor and its designees shall have, without limitation, the perpetual right worldwide (but not the obligation) to create, manufacture, design, distribute, adapt, modify, publish, exploit, make derivative works of, and use the Design in any way, including but not limited to on T-shirts and desktop wallpaper, and in any and all media now known or hereafter devised for trade, advertising, sales, promotional and/or other purposes (including, but not limited to, displaying online) as Sponsor and/or its designees may determine without further permission from; or notification or consideration to the entrant or any third parties. Participation in Contest and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state/province/territory), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Sponsor, and its partners, advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified.
8. Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Sponsor and its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Disputes. Except where prohibited, as a condition of participating in this Contest, entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (e.g., costs associated with entering this Contest), and entrant further waives all rights to have damages multiplied or increased.
10. Governing Law and Jurisdiction. This promotion is governed by US and Canadian law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Arbitration Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York, County of New York.
11. Arbitration. Except where prohibited by law, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Contest. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
12. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at http://www.take2games.com/pp.php.
13. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by July 15, 2008 to: Elizabeth Tobey, 10 Hamilton Landing, Novato CA 94949. Canadian residents can omit return postage.
14. Sponsor. 2K Games, 622 Broadway, New York, NY 10012.
