MX vs ATV Alive Twitter Giveaway Rules

Official Contest Rules

 

VOID WHERE PROHIBITED BY LAW.  OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, DISTRICT OF COLUMBIA AND CANADA (EXCLUDING QUEBEC), WHO ARE AGE THIRTEEN (13) OR OLDER AND HAVE FOLLOWED THE CONDITIONS BELOW.

1.How to Enter.  The MX vs ATV Alive Twitter Giveaway (the "Contest") sponsored by Vital Media Network, Inc., (the "Sponsor"), begins at 1:00:00 pm PT on February 7, 2011 and ends at 11:59:59 pm PT on February 13, 2011 (the "Contest Entry Period").  Eligible entrants are invited to follow the Vital MX and MX vs ATV profiles, and retweet a specific phrase (an "Entry"). 

To enter:  During the Contest Entry Period, follow the Vital MX and MX vs ATV twitter pages with your personal profile, the tweet this phrase: "Win the new MX vs ATV Alive game. Retweet this and follow @VitalMX and @MXvsATV. -- http://bit.ly/winmxvsatv #sx #games #xbox #ps3".  All Entries must be submitted by 11:59:59 pm PT on February 13, 2011.  No other methods of entry will be accepted.  For purposes of these Official Rules, "receipt" of an Entry occurs when Sponsors' respective profiles record the Entry information resulting from entrant tweeting the above phrase.  Any automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt by Sponsors for purposes of these Official Rules. Sponsor's computer is the official time keeping device for this Contest. 

In the event of a dispute about the identity of an online contestant, entries will be declared made by the authorized account holder of the email address associated with the entry.  An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.  A potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry.

Limit one (1) Entry per person/household per social profile. Additional Entries received from any one person or community member after the first Entry received from such person will be void.  Incomplete Entries and those Entries that Sponsors in its sole discretion determines do not meet the requirements of these Official Rules will be disqualified. 

2. Eligibility.  Open to legal residents of the fifty (50) United States and District of Columbia and Canada (excluding Quebec) who are thirteen (13) years of age or older at time of entry and, prior to February 4, 2011, have followed the Vital MX and MXvsATV twitter profiles, and tweeted the above phrase.  Void in Puerto Rico, all U.S. territories and possessions and overseas military installations.  No other entries will be accepted.  All entrants must have an existing Internet account and a valid email address at the time the Contest commences.  Employees, officers and directors of Sponsors, their affiliates, subsidiaries, advertising and promotion agencies, wholesale distributors, and individual retail licensees and the immediate family members (meaning spouses, parents, siblings, children and their respective spouses) and members of the households of such employees, officers and directors are not eligible. VOID WHERE PROHIBITED.

3. Selection and Winner Notification. Entries will be randomly selected by Sponsor on February 14, 2011 (the "Judging Panel"). One winner will be selected. The entrant randomly selected will be deemed the Prize Winner, subject to confirmation in accordance with these Official Rules.   All prize awards are subject to verification of eligibility and compliance with the terms of these Official Rules.  Prize Winners are collectively referred to herein as "winners".  Sponsors reserve the right to not award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Judges' and Sponsors' decisions are final and binding on all matters.

A prize won by a Minor (as defined below), will be awarded in the name of their parent or legal guardian.  Winners (and Winner's parent/legal guardian, if a Winner is a Minor) will be notified by direct message on the social network profile they were randomly selected from no later than seven (7) days after public announcement of selected winners. Winners may be required to sign and return an affidavit of eligibility, a liability release, and, where lawful, a publicity release, within fourteen (14) days of the date of issuance or prize will be forfeited.  If a selected prize winner cannot be reached within ten (10) days following the initial notification attempt, is found to be not in compliance with these Official Rules, fails to timely return the requisite documents in a timely manner, or if the prize notification or prize is returned as undeliverable, the prize will be forfeited and, at Sponsor's discretion, awarded to the entrant receiving the next highest score, subject to confirmation in accordance with these Official Rules. 

4. Prizes. The following prize(s) (with corresponding approximate retail values) will be awarded: One (1) Prize Winner will receive an MX vs ATV Alive t-shirt (size: XL) and a copy of the MX vs ATV Alive game when it releases in May, 2011. Prize Winner will be given the choice between an Xbox360 or Play Station 3 compatible game.  Approximate Retail Value ("ARV") of Prize:  $60 USD.  The total ARV of all prizes to be awarded in this Contest is up to $60 USD.

No prize substitution or cash redemption, except at Sponsors' sole discretion.  Sponsors reserve the right to substitute a prize of equal or greater value in its sole discretion.  Prizes are not transferable.  All expenses not specified in these Official Rules, including, without limitation, taxes and insurance are solely each prize winner's responsibility.  Prize winners shall be responsible for all applicable federal, state and local taxes including but not limited to any sales and income taxes. 

5. Entry Conditions.  By entering the Contest, entrant agrees (and by permitting a Minor to enter, that Minor's parent/legal guardian agrees on behalf of themselves and the Minor entrant): (a) To be bound by these Official Rules; (b) To accept as final and binding the decisions of the Sponsor, the Judging Panel and their respective agents in all matters relating to this Contest; (c) That all entries submitted become the property of Sponsors and will not be acknowledged or returned.  Sponsor may collect personal information about each entrant upon entry into the Contest. Such information shall be used only in a manner consistent with the consent given by entrants at the time of the entry, in accordance with these Official Rules and with the Community Site's Privacy Policy available at http://www.vitalmx.com/privacy-policy and Terms of Use available at

http://www.vitalmx.com/terms-of-use.  For the purposes of this Contest, a "Minor" shall be defined as any individual who is not at least the age of majority in his/her jurisdiction of residence at the time of entry to the Contest.

Contest entries must NOT include any Material (as defined below) which is (or promote activities which are) sexually explicit, obscene, pornographic, violent, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing. Any entries deemed by Sponsor in its sole discretion to violate any of these requirements will be disqualified. 

6. Materials/Rights to Submissions.  Each entrant agrees and acknowledges that all right, title and interest in and to the entry, drawing, and any materials or information supplied by entrant to Sponsors in relation to the Contest (collectively the "Materials"), including without limitation any and all intellectual property rights therein, are irrevocably assigned to Sponsors and entrant retains no rights whatsoever therein.  Sponsors have the right to edit, adapt, modify, publish, promote, and otherwise use the Materials in any way, in any media throughout the world, without any compensation to the entrant.  Entrant agrees to do all things and execute all documentation necessary to effect the assignment and/or waiver herein described. Entrant acknowledges that in connection with awarding the Grand Prize, entrant may be asked to supply Sponsors with additional screenshots of their entry.  The entrant acknowledges that SPONSOR OR ITS ASSIGNS MAY COMMERCIALLY EXPLOIT THE MATERIALS WITHOUT LIABILITY OR ADDITIONAL CONSIDERATION OF ANY KIND TO THE ENTRANTS.

By entering this Contest, each entrant (i) represents and warrants that his or her Entry is wholly original and does not infringe upon the rights of any third party; and (ii) agrees to indemnify and hold Sponsors, and their respective parents, subsidiaries, and affiliates and their employees, officers, directors, shareholders, agents, representatives and advertising, promotion, and fulfillment agencies, and legal advisors, harmless from and against any and all losses, damages, rights, claims and actions of any kind arising out of any breach by entrant of the representations and warranties set forth in subsection (i) above.

7. General Conditions.  By entering the Contest, entrants affirm that they have read and accepted these Official Rules.  All decisions of Sponsor on all matters relating to this Contest are final.  Releasees are not responsible for lost, interrupted, or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions, or technical failure, jumbled, scrambled or misdirected transmissions, or other errors of any kind whether human, mechanical or electronic or for phone, electrical, network, computer hardware or software program malfunctions, failures or difficulties, or for ISP/network/Web site accessibility or unavailability, any incorrect or inaccurate entry information; human errors; technical malfunctions; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; typographical, printing or other errors.  Illegible, incomplete, duplicate and mechanically reproduced entries will be disqualified.  False, fraudulent or deceptive entries or acts shall render entrants ineligible.  Persons found tampering with or abusing any aspect of this Contest, as solely determined by Sponsors, will be disqualified.  If disqualified for any tampering or abuses, Sponsor reserves the right to terminate entrant's eligibility to participate in Contest.  In the event any portion of this Contest is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsors which, in the sole opinion of Sponsors, corrupts, or impairs the administration, security, fairness or proper submission of entries, Sponsors reserve the right at its sole discretion to, modify, suspend or terminate the Contest, and select winners from entries received prior to the action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

8. General Release.  BY ENTERING, ENTRANTS RELEASE SPONSORS AND THEIR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, OWNERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ADVERTISING AND PROMOTION AGENCIES AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT OR EXECUTION OF THIS CONTEST (THE "RELEASEES"), FROM ANY AND ALL LIABILITY OR ANY DAMAGES OR CAUSES OF ACTION (HOWEVER NAMED OR DESCRIBED) ARISING OUT OF PARTICIPATION IN THE CONTEST, AND/OR THE RECEIPT, USE, MISUSE OR NONUSE OF THE PRIZES AWARDED, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF OR RELATING TO PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (WHETHER INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY.  WINNERS ACKNOWLEDGE THAT RELEASEES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATED TO A PRIZE.

If winner is a minor, winner's parents or legal guardians further agree to indemnify each of the released parties from any claims, costs, injuries, losses, or damages described in the preceding paragraph which may be suffered by the MINOR winner.

9. Use of Winner's Name and Likeness.  Except where legally prohibited, each winner grants permission for Sponsors and those acting under their authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes in any and all media at the discretion of Sponsors without consent or additional compensation.

10. Winners List.  A list of Winners will be posted and available on the Vital MX twitter profile for a period of thirty (30) days following confirmation of the winners.

11. Miscellaneous.  The Contest and these Official Rules will be governed, construed, and   interpreted under the laws of the State of California United States of America.  Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.  Sponsor reserves the right, in its sole discretion, to modify these Official Rules at any time without notice.  Sponsor reserves the right, in its sole discretion, to disqualify persons whose eligibility is in question or for any other reason whatsoever.

12. Sponsors.   Vital Media Network, Inc., 2151 Michelson Drive, Suite 144.