MOCHI MEDIA Video Game Contests Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
These Contests are contests wherein contestants may submit original video games for the chance to win prizes. As a condition of participating in the Mochi Media Video Game Contests (the "Contests"), the contestant agrees to be fully and unconditionally bound by these Official Rules and the decisions of Mochi Media, Inc. ("Sponsor"), whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Contests or these Official Rules.
1. ELIGIBILITY
The Contests are open to any person who is eighteen (18) years of age and older as of June 18, 2012. CONTESTS ARE VOID WHERE RESTRICTED OR PROHIBITED BY LAW. Contestants who are not yet at the age of majority in the jurisdiction in which they reside will be required to obtain parental or legal guardian consent to be eligible to be declared a winner, as set forth below.
Directors, officers, employees, contractors, agents or representatives of Mochi Media, Inc. and/or its affiliate companies, as well as the immediate family of such employees (including spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households as these employees, whether related or not, are not eligible. The Contests are subject to all applicable federal, provincial, and local laws and regulations and is void where prohibited or restricted by law.
2. HOW TO ENTER
The Contests will begin at 12:01AM Pacific Time on Start Date and end at 11:59 PM Pacific Time on End Date as defined in the individual Contest rules ("Promotional Period") available at http://www.mochimedia.com/contest/. At any time during a Promotional Period, a contestant may log onto Sponsor's website located at www.mochimedia.com and (a) electronically agree to the terms of Sponsor's Privacy Policy and Terms of Service located at http://www.mochimedia.com/tos.html, (b) follow the online instructions to complete all required fields to register and create an account ("Account") on Sponsor's website, and (c) opt-in to the Contests and then follow the online instructions to upload the video game. A contestant is only required to submit one video game in order to be entered into a Contest, but there is no limit to the number of games a contestant may submit during the Promotional Period.
All content of submitted video games must be completely original to the contestant and must not have been taken or composed in, whole or in part, from any other source other than from the contestant, and must not have been released commercially in order to be eligible for entry into the Contests. Video games submitted must be new to the Internet and cannot merely create a new version of an existing game without any substantive and unique changes, which determination is entirely at Sponsor's discretion. Video games must not be defamatory, trade libelous, pornographic or obscene and must be free and clear of any liens or claims with respect to the use of the video games in the manner authorized here, and that such use authorized herein will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including, but not limited to, claims for re-use fees or residuals. Video games which contain material that is not original to the contestant, or which are inoperable or incomplete, will not be accepted.
In the event of a dispute over who submitted a winning entry, the Authorized Account Subscriber of the email account used to participate in the Contests at the actual time of entry will be deemed to be the contestant. The Authorized Account Subscriber is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization (e.g. business, education institution, etc.) that is responsible for assigning email address for the domain associated with the submitted email address.
3. CONTESTANT'S VIDEO GAME SUBMISSION
Contestant agrees that during the Contests his/her video game may be (i) used by Sponsor as set forth in Sponsor's Terms of Service located at http://www.mochimedia.com/tos.html and (ii) hereby grants to Sponsor the non-exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, broadcast, rebroadcast, transmit, record, publicly perform, create derivate works of, and distribute and synchronize in time related to visual elements, the materials contained in the video game and/or any portion or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity. Sponsor is under no obligation to use the video game for any purpose. The content of all video games submitted shall comply with Sponsor's Terms of Service located at http://www.mochimedia.com/tos.html.
4. SELECTION OF WINNERS
All video games submitted during each Promotional Period will be judged and selected by a panel of judges selected by Mochi Media. A complete list of judges for each individual Contest, as well as relevant judging period for each Contest, may be obtained at http://www.mochimedia.com/contest/. Judges will evaluate video game submissions based upon the game's originality, fun, accessibility, and aesthetics. The length of the judging period may be obtained at http://www.mochimedia.com/contest/. Sponsor is not responsible for incorrect, inaccurate or incomplete entry of information or for votes which are lost, late, delayed, misdirected, electronically corrupted, garbled, damaged, incompletely received, otherwise defective or lost due to any reason, all of which will be discarded and declared void. Proof of sending will not be deemed to be proof of receipt by Sponsor. Voters are not entitled to any compensation or any cash prize in exchange for voting.
5. PRIZES
The list of prizes available for each category of each Contest is available at http://www.mochimedia.com/contest/. The decisions of the Contests judges and Sponsor are final and binding in all respects. No substitutions in prizes will be allowed except at the sole discretion of the Sponsor, who may substitute a prize (or portion thereof) with one of comparable or greater value.
6. ODDS OF WINNING
The odds of winning will depend on the number of eligible entries received during each Promotional Period.
7. WINNERS NOTIFICATION
All prize winners will be notified via the email address associated with the winner's account and will be posted on Sponsor's website located at http://www.mochimedia.com/contest/ no later than thirty (30) days after the Contest has closed. All winners must respond to Sponsor and confirm acceptance of the prize via email, otherwise winner's prize will be forfeit and, at Sponsor's sole discretion, awarded to an alternate winner.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISION IS FINAL. A CONTESTANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL CONTESTANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND CONTESTANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Winners may, at the option of the Sponsor, be required to complete and sign an Affidavit of Eligibility and Liability Release, where legal, a Publicity Release, and IRS Form W-9. Failure to complete such forms within seven days of receipt of such request will result in forfeiture of the prize.
If any prize is won by an eligible individual who is not of the legal age of majority in the state of residence ("minor"), the required documents must be confirmed and signed by winner's parent or legal guardian, and the prize will be awarded in the name of his/her parent or legal guardian who will be required to fulfill all requirements imposed on winner set forth herein.
Each winner is responsible for the payment of his/her taxes on the prize. Any required tax reporting forms will be furnished to the IRS.
In the event of non-compliance with these Official Rules, or if the prize is unclaimed or returned as undeliverable, the prize will be forfeited. Any forfeited prize may be awarded to an alternate winner, at Sponsor's discretion.
8. NAMES OF WINNERS
To obtain the names of the winners, any person may mail a self-addressed, stamped envelope after July 1, 2012 to: Mochi Media, Inc., 611 Mission St., 5th Floor, San Francisco, CA 94105. Requests must be received no later than October 31, 2012.
9. PUBLICITY
Except where prohibited by law, by entering the Contest(s), and as a condition of participating in these Contests, contestant agrees to allow Sponsor and its designees to use contestant's name, photograph, likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.
CONTESTANT FURTHER ACKNOWLEDGES THAT IF CONTESTANT IS CHOSEN AS A WINNER, CONTESTANT'S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING CONTESTANT'S NAME ON A WINNERS' LIST. BY ENTERING THIS CONTEST, CONTESTANT ACKNOWLEDGES AND AGREES THAT CONTESTANT HAS READ AND CONSENTS TO SPONSOR'S PRIVACY POLICY AND TERMS OF USE.
10. LIMITATION OF LIABILITY
Sponsor is not responsible for: (1) stolen, lost, late, misdirected, damaged, undeliverable or incomplete, inaccurate, delayed, illegible entries due to technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Contests, including, without limitation, errors which may occur in connection with the administration of the Contests, the mailing or transmission of entries, notification or correspondence, the processing of entries, the announcement of the prizes or in any Contests related materials; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Contests; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Contests; (5) technical or human error that may occur in the administration of the Contests, the sending of entries or the processing of entries; or (6) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from contestant's participation in the Contests or receipt or use of any prize. If for any reason a contestant's video game is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Contests, contestant's sole remedy is to submit another video game in the applicable Contest. Sponsor may rescind any Contest entry found to contain such errors or failures without liability at its sole discretion.
As a condition of participating in any of these Contests, contestant agrees to release, indemnify and hold harmless the Sponsor and its affiliate companies, and their respective parent companies, subsidiaries, affiliates, prize suppliers, and Sponsor's advertising and promotion agencies and all their affiliates, and each of their respective agents, representatives, officers, managers, directors, members, shareholders and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Contests, including acceptance, possession, use, misuse or nonuse of the prize that may be awarded, or any injury or for damage to contestant's or any other person's computer or wireless device relating to or resulting from participation in this Contests or downloading any materials in this Contests, or inability to access any web site or wireless service associated with this promotion, or any combination thereof. Contestant agrees that the laws of the State of California will govern any and all disputes.
As a condition of participating in these Contests, contestant agrees that (1) under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with this Contests, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but shall in no event include attorneys' fees. Sponsor reserves the right to modify prize award procedures.
If in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contests, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contests, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and or void any entries submitted fraudulently, to modify or suspend the Contests, or to terminate the Contests and conduct a random drawing to award the prizes using all eligible, non-suspect entries received for the applicable drawing as of the termination date. Any attempts by an individual to access any web site associated with this promotion via robotic, automatic entry devices, programs such as, but not limited to, by script, macro or any other automated means, or other unauthorized entry will void all such entries by such methods.
ANY ATTEMPT BY AN CONTESTANT TO DELIBERATELY DAMAGE SPONSOR'S WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT OF THE LAW.
11. ARBITRATION AND DISPUTES
As a condition of participating in any of these Contests, contestant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with these Contests, or any prizes awarded, or the determination of winner 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 and in accordance with its expedited hearing procedures. The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute between contestant and Sponsor. The arbitrator's award, including attorneys' fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. Further, in any such dispute, under no circumstances will contestant be permitted to obtain awards for, and contestant hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than actual out-of-pocket expenses (i.e., costs associated with entering this Contests), and contestant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or contestant's rights and obligations or Sponsor's rights and obligations in connection with these Contests, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in the State of California in the City of San Francisco.
12. SPONSOR
The Sponsor of these Contests is Mochi Media, Inc., 611 Mission St., 5th Floor, San Francisco, CA 94105.
13. OPT-OUT
If you do not wish to receive any further notices from Mochi Media regarding Contests offerings, send your name and address to: 611 Mission St., 5th Floor, San Francisco, CA 94105. Attn: Opt-Out.
CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
You have not yet won any prize, the actual odds of winning any prize will depend upon the total number of eligible entries received. All entries must be received by June 29, 2012 to be eligible. Contests ends 11:59 PM PST 06/29/2012. See Official Rules above for complete prize restrictions. Sponsored by Mochi Media, Inc, 611 Mission St., 5th Floor, San Francisco, CA 94105.