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NO PURCHASE NECESSARY
VOID WHERE PROHIBITED
By participating in this MLG Pro Circuit Summer Championship 2012 Giveaway (the “Promotion”), each participant (“Participant” or “you”) agrees to abide by these Official Rules.
1. Promotion Description/Timing: Until August 20, 2012 at 6 PM EST (the “Promotion Period”), Major League Gaming Inc. (“MLG”) will conduct a promotion, whereby anyone who has purchased or purchases a spectator pass to the MLG Pro Circuit Summer Championship Event in Raleigh, NC from August 24-26, 2012 (the “Championship”) will be entered into a random drawing to win prizes.
Selecting Winners: The Promotion judge(s) (the “Judges”), who will be MLG staff member(s), will randomly select winners based on the pool of eligible Participants who followed the provided instructions, as determined by the Judges in their sole discretion.
Each Participant fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of the Judges and MLG, which shall be final and binding in all respects.
2. Eligibility and Limitations. All Participants must be legal residents of the United States. This Promotion is void where prohibited. Employees of MLG and members of the immediate family of any such persons are not eligible to participate and win.
3. Prize(s). During the Promotion Period, there will be a total of six (6) winners selected. The available prizes during the Promotion Period are: five (5) sets of two VIP passes to the Championship (approximate retail value: $100 per set of VIP passes) and one (1) set of two VIP passes to the Championship and hotel room charge and applicable taxes for two nights at the hotel sponsored by MLG at the Championship (approximate retail value: $100 for a set of VIP passes and $400 for hotel room charge and applicable taxes).
Participants are limited to one prize during the Promotion and will not be selected as the winner more than once. Participants are limited to one prize per household.
Prizes are non-transferable and not exchangeable for any other prize. In the case of unavailability of a prize, MLG reserves the right, in its sole discretion, to substitute a prize of equal or greater value. All taxes, gratuities and unspecified expenses are the sole responsibility of winners. Winners assume all liability for use of the prizes.
Winners will be required to sign and return, within three (3) days of receipt of notification, an Affidavit of Eligibility and Release prior to receipt of prize and any tax forms. If a winner cannot be contacted within three (3) days of first notification attempt, if any prize or prize notification is returned as undeliverable, if winner rejects his/her prize or in the event of noncompliance with these Official Rules and requirements, such prize will be forfeited and may be awarded to an alternate, in MLG’s sole discretion. If a minor wins the prize, a parent/legal guardian of such minor in his/her state of residence must also sign a Parental Consent form.
MLG is not responsible for any incorrect or inaccurate information, whether caused by users of www.majorleaguegaming.com (the “MLG Site”) or by any of the equipment or programming associated with or utilized on the MLG Site or in the Promotion or by any technical or human error, which may occur in the administration of the Promotion, or otherwise in connection with the Promotion including, without limitation, any technical limitation or other event that results in the disqualification of any Participant in the Promotion. MLG assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure relating to the MLG Site or the Promotion, or for any theft or destruction of or unauthorized access to, or alteration of, any registration materials or entries. MLG is not responsible for any problems or technical malfunction of any phone, network, satellite, cable or lines, computer, on-line-systems, servers or providers, computer equipment, software, failure of e-mail, registrations or entry submissions on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof in connection with the MLG Site or the Promotion, including, without limitation, any technical limitation or other event that results in the disqualification of any user in the Promotion. MLG is not responsible for injury or damage to Participants’ or to any other person’s mobile device related to or resulting from participating, downloading or uploading materials from the MLG Site or in connection with the Promotion. Any use of robotic, automatic, micro, programmed or like entry methods will void all such entries by such methods, and disqualify any person using such methods. If, for any reason, the Promotion, in MLG’s sole opinion, is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MLG which, in the MLG’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, MLG reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and proceed in such a manner as may be deemed fair and equitable by MLG in its sole discretion.
IN NO EVENT WILL MLG, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, MLG’S SPONSORS, ADVERTISING OR PROMOTION AGENCIES OR PARTNERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND UNDER ANY THEORY (WHETHER CONTRACT, TORT, WARRANTY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR PROMOTION PRIZES, ARISING OUT OF ANY PARTICIPANT’S ACCESS TO AND USE OF THE MLG SITE OR PARTICIPATION IN THE PROMOTION OR (B) FOR ANY DAMAGES OF ANY KIND IN EXCESS OF ANY FEE PAID BY YOU (IF ANY) TO ENTER THE PROMOTION. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE MLG SITE AND IN CONNECTION WITH ANY PROMOTION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, MLG’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
5. Representations and Warranties/Indemnification. Each Participant represents and warrants to MLG as follows: (i) Participant has the full right and legal capacity to agree to these Official Rules; and (ii) Participant has the right and power to grant rights herein contained. Each Participant hereby agrees to indemnify, defend and hold the Releasees (defined below) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Participant hereunder.
By participating, all Participants and winners grant MLG permission to use their names, nick-names, gamer-tags, characters, photographs, voices, and likenesses in connection with promotion of this and other Promotion, in perpetuity, throughout the world, and waive any claims to royalty, right, or remuneration for such use, except where prohibited.
By participating, each Participant and winner waives any and all claims of liability against MLG, its parents, subsidiaries, affiliates, subsidiaries, suppliers, and related companies, its sponsors, advertising and promotion agencies and partners and any of their respective officers, directors, employees, representatives, and agents (collectively, the “Releasees”) , from any and all liability for any loss, harm, damages, cost or expense, including without limitation property damages, personal injury and/or death, arising out of participation in the Promotion, Participant’s entries or the acceptance, use or misuse of the prize. If any part of these Official Rules shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Official Rules and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. The failure of MLG to partially or fully exercise any rights or the waiver by MLG of any breach of these Official Rules by you, shall not prevent a subsequent exercise of such right by MLG or be deemed a waiver by MLG of any subsequent breach by you of the same or any other term of these Official Rules. The rights and remedies of MLG under these Official Rules shall be cumulative, and the exercise of any right or remedy shall not limit a right to exercise any other right or remedy hereunder.
In case of dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at the time of registration. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line 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.
Each winner is solely responsible for any and all applicable taxes. MLG is not responsible for any unspecified expenses which shall be the responsibility of winners.
9. Conduct and Decisions.
By participating in the Promotion, Participants agree to be bound by the decisions of MLG, Judges and any other MLG personnel. All decisions of the Promotion organizers or of their representatives regarding this Promotion are final and not appealable. Participants must conduct themselves in a reasonable manner, maintaining a friendly and polite demeanor to competitors, Promotion officials, and to other Participants of the Promotion. Participants who violate any rule, gain unfair advantage in participating in the Promotion, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. MLG will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Promotion and the MLG’s decisions concerning such disputes shall be final. If the conduct or outcome of the Promotion is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the MLG, MLG reserves the right to terminate this Promotion, or make such other decisions regarding the outcome as the MLG deems appropriate. MLG reserves the right, in its sole discretion, to disqualify any individual it finds (a) to be tampering with the registration or entry process or the operation of the MLG Site or the Promotion; (b) be acting in violation of these Official Rules; (c) to be hacking, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (d) to have provided any false or misleading information as part of the registration process including, without limitation, any false names, addresses or e-mail addresses. All decisions will be made by MLG and are final. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS PROMOTION, PHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MLG RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
If for any reason, the Promotion, in MLG’s sole opinion, is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MLG which, in MLG’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, MLG reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and proceed in such a manner as may be deemed fair and equitable by MLG in its sole discretion.
11. Arbitration and Governing Law Any controversy, claim or dispute arising out of or relating to this Promotion shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Rules including Emergency Interim Relief Procedure in New York, New York, except that, to the extent any Participant, winner or guest has in any manner violated or threatened to violate MLG’s intellectual property or confidentiality rights, MLG may seek injunctive, monetary or other appropriate relief in any state or federal court in the state of New York (and MLG may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
13. Rules and List of Winners: For a copy of the rules, or a list of winners, please send your request within thirty (30) days of the end of the Promotion by mail with a stamped, self-addressed return envelope with Promotion name and addressed to: Major League Gaming Inc., 3 Park Avenue, 32nd Floor, New York, NY 10016.
PROMOTION OPERATOR: MAJOR LEAGUE GAMING INC., 3 PARK AVENUE, 32nd FLOOR, NEW YORK, NY 10016, USA.