NEXON AMERICA, INC.
MABINOGI 2014 T-SHIRT DESIGN CONTEST
OFFICIAL RULES
No purchase required to enter or win. A purchase will not increase your chances of winning.
1. Sponsor: The Mabinogi 2014 T-Shirt Design Contest (the “Promotion”) is sponsored by Nexon America, Inc., 222 N. Sepulveda Blvd., Suite 300, El Segundo, CA 90245 (“Sponsor”).
2. Eligibility: The Promotion is open only to current players of the Mabinogi service run by Sponsor (as opposed to any other version of Mabinogi) who: (a) are at least thirteen(13) years of age as of the start of the Promotion Period (defined below); (b) are legal residents of the fifty United States (including DC) or Canada (excluding Quebec); and (c) have never been banned or suspended, or had an account banned or suspended, for hacking or similar violations of Mabinogi’ license agreement(s) or Sponsor’s terms of service. Playing Mabinogi is free, and can be accessed at http://Mabinogi.nexon.net. Any entrant that is under the age of majority in his/her jurisdiction of residence must have their parent or legal guardian’s permission to participate in the Promotion, and must provide evidence of such permission to Sponsor in whatever form required if requested by Sponsor. Employees, officers and directors of Nexon America, Inc., its affiliated companies, agents thereof, the immediate family of any such person (defined as parents, children, siblings and husband or wife), or those with whom such person(s) are domiciled, are not eligible to participate. The Promotion is void where prohibited.
3. Agreement to Official Rules: Participation in the Promotion constitutes the participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Promotion begins on at the time the Promotion is announced on the Forum thread dedicated to the Promotion (the “Thread”) and ends on December 18, 2014 at 11:59:59 pm Pacific Time (the “Promotion Period”). designs that are submitted before or after the Promotion Period will be disqualified. Sponsor’s computer will be the official timekeeping device for this Promotion. Entrants are responsible for calculating the difference in time zones.
5. How to Participate: To participate in the Promotion, entrants should create an t-shirt design based on a Mabinogi-related theme. The design may feature any aspect of Mabinogi the entrant desires, and Sponsor encourages entrants to use their creativity in making their designs. The design can be hand drawn or digitally created, but all designs must comply with the design requirements listed below. Once the design has been created and is in full compliance with the requirements listed below, the entrant should upload the design to the Promotion Thread before the Promotion Period ends.
6. Design Requirements. All designs submitted to Sponsor as part of the Promotion must comply with the following Technical and Content Guidelines. Any design that violates these guidelines will not be eligible to be judged or awarded a prize:
Technical Guidelines
The design must:
- a. Be in .jpg or .jpeg format (or other such formats as Sponsor may identify in Promotion-related materials);
- b. Have a resolution of no less than 1900 x 1200;
- c. Be no more than two (2) MB in size
Content Guidelines
a. The design may not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement.
b. The design must not in any way disparage Sponsor, any of its products or services, the Promotion, or any person or party affiliated with the Promotion, or alternatively appear to promote any direct competitor of Sponsor;
c. The design may not contain text or imagery that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor in its sole discretion). The design must not include threats (expressed or implied) to any person, place, business, or group. The design must not violate the privacy rights or any other rights of any person, business, or group, and the design must not name or depict any third party without his/her permission;
d. The design must not contain text or imagery that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
e. The design may not depict or encourage any dangerous, life-threatening, or otherwise risky behavior (as determined by Sponsor in its sole discretion);
f. The design must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the design is created.
Number of designs/design Problems
Limit one (1) design entry per entrant. Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected designs, which will be disqualified/not counted (as applicable), or for any error, whether human, technical or otherwise. Sponsor reserves the right in its sole discretion to disqualify any entrant it finds to be tampering with the operation of the Promotion, such as using automated submission or image generation software, or to be acting in violation of these Official Rules. In the event of a dispute as to the identity of an entrant, the authorized account holder of Nexon.net ID account that is used to register for the Forum will be deemed to be the entrant. The “authorized account holder” is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address that registered for the Nexon.net ID.
7. Intellectual Property: By submitting a design as part of this Promotion, each entrant acknowledges and agrees to the following:
a. Entrant irrevocably grants to the Sponsor, its agents, licensees, and assigns the unconditional, perpetual, non-exclusive right to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the design or any part thereof as-is or edited (with or without using any entrant’s name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from any entrant or any other party.
b. Entrant forever waives any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor’s use of the design, or require any entrant’s permission for the Sponsor to use the photograph.
c. Entrant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the design, or any derivative works thereof, infringes any rights that any entrant or third party may have as creator (or co-creator) of the design including, without limitation, copyrights, trademark rights, and moral rights.
d. Entrant irrevocably grants to Sponsor, its agents, licensees, and assigns an unconditional, worldwide, royalty-free and perpetual (non-exclusive) right and permission to use the entrant’s name, image, voice, and other likenesses that are included in the design or which are shared with Sponsor as part of entrant’s participation in the Promotion, in any media now known or later invented for any commercial purpose, including without limitation advertising or marketing of Sponsor’s products and services, without further compensation or the right to approve such uses.
e. An entrant that is awarded a prize as part of the Promotion shall assign all right, title and interest in and to the design(s) to Sponsor, including all copyrights thereto.
8. Winner Selection: After the Promotion Period has ended, Sponsor will select five (5) entrants as potential winners. The potential winners will be notified after the date of selection at his/her email address listed in the entrant’s nexon.net account (or other means of communication as Sponsor may select). The potential prize winners may be asked to submit additional personal information in order to confirm eligibility and ship the prize. Potential prize winners may also be asked to sign an Affidavit of Eligibility or Declaration of Compliance (as may be applicable given the location of the potential prize winner) unless this is prohibited by law. If the potential winners cannot be contacted, fails to respond to the notification within the required time period (if applicable), or fails to sign and return the Affidavit or Declaration within the required time period (if applicable), he/she will be disqualified and will forfeit the prize. If a potential winner is disqualified for any reason, Sponsor will award the prize to an alternate potential winner to be chosen based upon the winner selection criteria described in Section 7.
9. Prizes:
Each prize winner that is confirmed in accordance with these official rules will receive one (1) Rua figure (approximately retail value: $35).
Any prize details not specified above (e.g., color, style, etc.) will be determined by the Sponsor in its sole discretion. No cash or other substitution is allowed except by the Sponsor who may substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value, as determined by the Sponsor in its sole discretion. The prize is not transferable or refundable and must be accepted as awarded. The winners are responsible for any and all other costs and expenses not listed above. Winners will be responsible for payment and reporting of all applicable taxes associated with the receipt and usage of a prize. Sponsor may report the receipt of any prize to the appropriate federal, state, or local taxing agency(ies). Please allow up to eight (8) weeks from date of final winner’s confirmation for shipment of prizes.
10. Warranties and Representations: By submitting a design, each entrant warrants and represents that: (i) the submission is original to the entrant, (ii) the submission does not infringe the intellectual property, privacy, publicity, or any other rights of any third party, (iii) the submission does not violate any law, regulation, or any provision of these Official Rules, (iv) the submission has not previously been entered in any other contest or promotion, (v) the submission has not been previously published in any medium; (vi) the entrant has read and understood these Official Rules, (vii) at all times the entrant have complied fully with these Official Rules; and (viii) the entrant will continue to comply in full with these Official Rules until the Promotion has been completed.
11. Privacy and Publicity: Except as set forth herein, all information submitted by entrants in the Promotion will be treated according to the Sponsor’s Privacy Policy (http://www.nexon.net/legal/privacy-policy/). Except where prohibited, participation in the Promotion constitutes entrant’s consent to the Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and country and state or province of residence for promotional purposes in any media without further payment or consideration.
12. Indemnification: By entering, entrants agree to defend, indemnify and otherwise hold Sponsor, its parent and affiliated companies, and the agents, officers, directors, and employees of each (collectively the “Released Parties”) harmless from and against any and all liability of any nature whatsoever arising out of or relating to (a) any technical errors that may prevent entrants from participating in any way; (b) unauthorized human intervention in the Promotion; (c) errors in the administration of the Promotion; and (d) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use of any prize, including any such claim by the Released Parties’ employees or any third parties. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
13. Disputes: Except where prohibited, all entrants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Los Angeles County, California, United States of America. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, United States of America, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
14. General Conditions: In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules or (b) award the prizes from among the submissions received up to the time of the impairment. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, 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. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. The Promotion is void where prohibited.
15. Winners List: The winners will be announced by Sponsor in the Promotion Thread page no later than thirty (30) days after all winners have been confirmed.
© 2014 Nexon America, Inc. All rights reserved.