1. DESCRIPTION: NO PURCHASE NECESSARY TO ENTER OR WIN. The "How Wii Play Viral Video Submission Contest" ("Contest") begins at 12:01 PM [PT] on Thursday, August 17, 2006 and ends at 11:59 AM [PT] on Tuesday, September 19, 2006 ("Contest Period"). The Sponsor of this Contest is MySpace, Inc. (“MySpace”) ("Sponsor").
2. ELIGIBILITY: Contest is open to legal residents of the 50 United States and Washington D.C. who are at least 14 years of age at time of entry and who have internet access as of August 8, 2006. All entrants must be registered members of the www.myspace.com website in compliance with MySpace’s Terms & Conditions policy located at http://collect.myspace.com/misc/terms.html?z=1 for valid entry. Any individuals (including but not limited to employees, consultants, independent contractors and interns) who have, within the past six months, held employment with or performed services for Sponsor, Contest Administrator (VisionWorks) or any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest are not eligible to enter or win. Immediate family and household members of such individuals are not eligible to enter or win. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. "Household Members" shall mean those people who share the same residence at least three months a year. Void where prohibited.
3. HOW TO ENTER: Entrants must visit the Contest web site during the Contest Period by logging in to their MySpace account, then logging on to the official “Nintendo Nation” profile located at www.myspace.com/howwiiplay and clicking the “Submit Your Video” link. Follow the on-screen instructions and complete the entry form by providing all of the information requested. Entry is not complete until entrant has uploaded and attached a valid digital video clip (“Video Submission”) by following the prompts to upload and attach the video file to their entry form. To be considered “valid” for Contest submission, the Video Submission must depict the entrant showing how they plan to express themselves through the new game-play experiences the Wii Remote will create. Video Submissions may not exceed :30 seconds in play length. When the form is complete and the Video Submission is attached, click the "Submit" button to receive one (1) entry into the Contest. A window will appear confirming the Contest Entry was received. All entries must be received by 11:59 AM [PT] on September 19, 2006. Entries generated by a script, macro or other automated means will be disqualified. Each entrant must be the rightful owner (or have authorized use) of the MySpace account identified in the entrant's entry as of August 17, 2006. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the person in whose name the MySpace account was opened. Entrants must provide all information requested to be eligible to win. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by entrants becomes the property of Sponsor.
All submitted material (Material) becomes the sole property of the Sponsor. “Material” includes to the extent applicable (a) any information and material (e.g. Video Submission) submitted by you in connection with the Contest; (b) your name, likeness, voice, and image; and (c) all photographs, recordings, audiovisual materials, writings, statements, and quotations of or by you and furnished to Sponsor by you. Do not submit any Material of anyone other than yourself. By submitting Material, you represent and warrant to Sponsor that (i) the Material is wholly original and does not infringe upon or otherwise violate any right of any third party, (ii) you have all rights necessary to submit the Material in the Contest in accordance with these Official Rules, and (iii) no party other than you has any right, title or interest in and to the Material or any part of the Material. Material must not contain offensive or lewd content. All tangible Material submitted will become the property of Sponsor and will not be returned. By entering the Contest, you grant Sponsor a perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Material in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and its services, all without further consent from or payment to you. You agree that Sponsor has no obligation to post your Material on the MySpace website. Sponsor reserves the right to limit the number of entrants whose Material is posted on the MySpace website and to remove entrants whose entries have already been posted in the event of an error or determination that the entrant is ineligible to participate in the Contest. You understand that your name and other Materials may be posted on the MySpace website in connection with Contest.
4. JUDGING CRITERIA: All Material submissions will be judged on the following criteria: Humor 40%; Creativity 30%; Originality 30%. All submissions will be judged by a panel of judges selected by the Sponsor (“Judging Panel”). All decisions of the Judging Panel are final on all aspects of the Contest.
5. PRIZES: Grand Prize (8): Eight (8) entrants will be selected to receive one (1) DS Lite units. Estimated retail value of Grand Prize is $129. Total Promotional Value: $1032.00. Winners will be responsible for any and all federal, state and/or local taxes resulting from acceptance of the prize. Prize winners cannot assign or transfer the prize to another person. No cash or prize substitution is allowed except at the discretion of Sponsor. All prizes will be awarded. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value will be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in Sponsor's sole discretion. Other restrictions may apply. Odds of winning depend on the number of eligible entries received. Limit one prize per person, per household.
6. WINNER SELECTION AND NOTIFICATION: Following the end of the Contest Period, Sponsor will collect the 30 Video Submissions that accrued the most user views during the Contest Period. Of those top thirty (30) Video Submissions, the twenty (20) Video Submissions with the highest average user ranking will enter the Judging Pool to be reviewed and judged by the Judging Panel.. Eight (8) winners will be selected during a Contest Judging conducted by the Sponsor on or about September 14, 2006. All prize winners will be notified by telephone, email and/or overnight mail on or about September 18, 2006. Selected winners will be required to respond (as directed) to the notification within 72 hours of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case, Sponsor will select an alternate winner based on the stated Judging Criteria. Winners will be required to verify address and to execute before a notary public and return within seven (7) days an affidavit of eligibility and liability/publicity release covering eligibility, liability, advertising, publicity and media appearance issues, unless prohibited by law. Prize will not be awarded until all such properly executed and notarized forms are returned. In the event that a winner is a minor, all correspondence will be sent to the attention of the parent and legal guardian of such minor and the parent or legal guardian will be required to sign the affidavit of eligibility and liability/publicity release as stated above within the specified time period.
7. CONDITIONS OF PARTICIPATION/RELEASES: Contest is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, entrants agree to be bound by these official rules and the decisions of the Sponsor and the Contest Administrator, which shall be final in all respects. By participating in this Contest and/or by accepting any prize that they may win, entrants agree to release the Sponsor, Nintendo of America Inc.and Contest Administrator; their parent, subsidiary and affiliated companies, units and divisions and advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance or use of the prize. Entrants authorize the Released Parties to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Contest; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Contest. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest, and reserve the right, in their sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor's control, corrupt the administration, security or proper play of the Contest. Sponsor may prohibit you from participating in the Contest or winning a prize if, in their sole discretion, they determine you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or Sponsor representatives. This Contest will be governed by the internal laws of the State of California. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within the United States. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
9. Sponsor: MySpace, Inc., 407 North Maple Drive, Beverly Hills, CA 90210
10. Prize Winner List: For the list of prize winners, available after October 18, 2006, or a copy of these official rules, mail a self-addressed, stamped envelope to: “Nintendo Nation’s “Express Yourself” Video Submission Contest” Winner's List or Rules, P.O. Box 470928, Celebration, Florida 34747 (VT residents may omit return postage) by November 13, 2006.