DEFIANCE™ “Play the Game. Join the Show.” Contest
Official Rules and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
The DEFIANCE™ “Play the Game. Join the Show Contest.” (the “Contest”) is organized by Trion Worlds, Inc., who is identified in more detail in Provision 11 herein (the “Sponsor” or “Trion”).
1. DURATION. The Contest begins at 10:00am PDT July 8, 2013 (the “Start Date”) and ends on 10:00am PDT July 30, 2013 (the “Deadline”).
2. ENTRY. Entrants in the Contest will register for the Contest and complete Major Arkfalls in-game. To submit an entry, entrants must:
- Create a Trion Worlds account (the “Trion Account”) if you do not already have one, and:
- Sign in to your Trion Account on your personal computer;
- Unless you have already done so, link your:
- Microsoft Corporation Xbox LIVE Gold account to your Trion Account on your Microsoft Corporation Xbox 360 video game and entertainment system (“Xbox 360 console”); or
- Sony Entertainment Network account to your Trion Account on your PlayStation®3 computer entertainment system (“PlayStation®3 system”).
- Register for the Contest at http://www.defiance.com/en/game-show-contest.
- Complete the most DEFIANCEMajor Arkfalls in-game events before the Deadline.
- No more than one (1) entry per Trion Account.
By submitting an Entry, you accept and agree to be bound by these Official Rules and Conditions,
- To be eligible to enter the Contest, as of the time you submit your Entry, you must:
- Be at least 18 years of age. If you are a minor in your jurisdiction, you must provide the Entry with your legal guardian’s approval and you must provide written approval of your entry to the Contest, and consent to these Official Rules and Conditions by your legal guardian (This written approval shall be provided within 14 days after the receipt of request by the Sponsor);
- Have Internet access, a Trion account and access to a personal computer, Xbox 360 console and/or PlayStation®3 system;
- Be a legal resident of one of the fifty United States (or the District of Columbia).
- Employees of the Sponsor and/or its subsidiaries, agents, or affiliates, and any family members and/or household members of these employees, are not eligible to enter the Contest.
4. SELECTION OF WINNING ENTRIES.
- Determination of the Winner. The winner will be determined as follows:
- Eligible Entries will be judged based on the number of Major Arkfalls completed. The top ten (10) Eligible Entrants who complete the most Major Arkfalls shall each be a “Contestant.” In the unlikely event of a tie, Trion’s representatives shall break the tie in their sole and absolute discretion.
- The DEFIANCE in-game avatar and user name for each Contestant (each an “Avatar”) shall be posted to a gallery on the Contest landing page of the official DEFIANCE Facebook page (the “Gallery”). A back story for each Avatar shall be developed and written by the DEFIANCE television writing staff in their sole and absolute discretion (each an “Avatar Back Story”). Between August 12, 2013 and August 21, 2013, one (1) Avatar Back Story shall be posted per day on http://www.defiance.com/en/series/news.
- Registered users on Facebook shall access the Gallery to vote for their favorite Contestant between 3:00am PDT August 26, 2013 and 8:59 pm PDT September 6, 2013 (each a “Voter”). Voters shall be subject to the Voting Rules and Procedures (available on the Contest landing page). Limited to one (1) vote per Voter per day. The Contestants with the top five (5) Avatars, based on the number of votes received, shall each be a “Finalist.”
- One of the Finalists will be chosen as the Winner by a member of the DEFIANCE team, in their sole and absolute discretion (the “Winner”).
- There shall only be one (1) Winner.
- Description of Prize.
Runner-Up Prize- Each Contestant shall receive a print version of the Avatar Back Story for their Avatar. Estimated Retail Value: US$0.00
Grand Prize- A character for the DEFIANCE television show of DEFIANCE will be created based on the likeness of, and named after, the Winner’s Avatar. The character will appear in Season 2 of the DEFIANCE television show. Estimated Retail Value: US$0.00
- Total Estimated Retail Value of Prizes: US$0.00
- Each Contestant will be contacted via the email address provided upon Contest registration. If a Contestant cannot be contacted, is contacted and does not respond as directed within seven (7) days of attempted notification, refuses the prize or is ineligible to accept the prize, prize may be forfeited and awarded to an alternate winner. All prizes claimed in accordance with the Official Rules will be awarded. The Contestants may be required to provide a shipping address to claim a prize.
- No substitutions of the prizes for cash or other goods and services is permitted by the Contestants. Notwithstanding the foregoing, Sponsor reserves the right to provide a substitute prize of approximately equal value for any reason.
- All federal, state, local and or other applicable taxes, licenses, title and/or registration fees or others costs, associated with winning a prize are the sole responsibility of the Contestants. The Sponsor and its affiliates, subsidiaries and advertising and promotion agencies, and each of their directors, officers, employees, agents and assigns, shall not be responsible for any such taxes, fees and costs.
- The Contestants may each have his/her username posted on the Official DEFIANCE Forums. Except where legally prohibited, by participating in the Contest, the Contestants hereby give Sponsor, NBCUniversal Media, LLC (“NBCU”), and their respective affiliates, subsidiaries and advertising and promotion agencies full permission, right and authority to use their likeness, photograph, name, hometown, and Entries, or any other information that they provide about themselves, the prize, the Contest, or DEFIANCE, for the purposes of advertising and promotion (in any media, including but not limited to in print media, television, film, video, radio, internet or otherwise) related to the Contest, DEFIANCE, or the Sponsor, without any further notification or compensation to you other than that set out herein. Notwithstanding the foregoing, Contestants will be given an opportunity to decline inclusion in such advertising and promotions without affecting his/her eligibility to the prize.
- By entering this Contest, you understand that any avatar created in connection with the Contest (the “Submission”) is the property of Sponsor, and that Sponsor owns all right, title, and interest in and to any copyrights, trademarks and all other intellectual property rights in the Submission. Sponsor and NBCU have the right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submission and to incorporate the Submission in other works in any and all markets and media worldwide in perpetuity. If any Submission contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submission does not comply with these Official Rules or meet Sponsor’s/NBCU’s standards for any reason, as determined by Sponsor/NBCU in their sole discretion, such Submission (and the related Entry) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Neither Sponsor nor NBCU shall have any obligation to copy, publish, display, or otherwise exploit the Submission.
- The Contestants may be required to complete and sign an Affidavit of Eligibility and, except where prohibited, Liability/Publicity Release, in the form provided by Sponsor, within seven (7) days of attempted notification in order to claim prizes. If a minor wins a prize, it will be awarded in the name of the minor's parent or legal guardian, who will also be responsible for signing any necessary releases, consents and affidavits.
- Any prize details not specified herein shall be determined solely by the Sponsor.
- No more than one (1) prize per person, e-mail address, or physical address.
6. GENERAL CONDITIONS.
- You agree to:
- Be contacted by Sponsor or its agents by email; and
- Sign any requested documentation set forth in Provision 5 herein (and have your parent or guardian sign such documentation where applicable or requested by Sponsor), including, without limitation an Affidavit of Eligibility and Liability/Publicity Release, in the event that your Entry is a winning Entry.
- You acknowledge and agree that Sponsor shall retain all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to the Avatar (the “IP Rights”), and to the extent that any such IP Rights do not belong to Sponsor under applicable law and/or through acceptance of these Official Rules and Conditions, you hereby grant to Sponsor and NBCU an irrevocable, exclusive, perpetual, royalty free, fully paid up license, throughout the universe, to such IP Rights.
- You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of or connected with this contest or any prize awarded shall be resolved under the laws of the State of California.
- Neither Sponsor, NBCU, Facebook, nor any of their respective affiliates, subsidiaries and advertising and promotion agencies, and each of their directors, officers, employees, agents and assigns (collectively, the “Released Parties”), are 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 Sponsor, will be disqualified.
- If disqualified for any tampering or abuses, Sponsor reserves the right to terminate Entrant's eligibility to participate in this Contest or any other Contest run by Sponsor.
- In the event any portion of this Contest is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts, or impairs the administration, security, fairness or proper submission of entries, Sponsor reserves the right at their sole discretion to suspend or terminate the Contest, and select the Contestants and/or Winner from Eligible Entries received prior to the action taken.
- All of Sponsor's decisions regarding the application and interpretation of the Rules are final.
7. LIMITATIONS OF LIABILITY.
- Sponsor and NBCU are not responsible for late, lost, stolen, misdirected, damaged, incomplete, or illegible Entries or Entries that are lost due to computer, Internet, or electronic malfunction.
- This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Trion and not to Facebook.
- This Contest is in no way sponsored by NBCU. You understand that you are providing your information to Sponsor and not to NBCU.
- By entering this Contest, each entrant agrees for entrant and entrant’s heirs, executors, and administrators that the Released Parties shall not be liable for personal injuries, illness, death, litigation, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Contest or acceptance of or use or inability to use a prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, 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.
- The Contestants release the Released Parties from any and all liability and responsibility with respect to a prize (including any property loss, damage, personal injury or death).
- The Contestants acknowledge that Released Parties 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.
- Any personal data you submit in association with this Contest will be stored on a server in the United States of America. Entry into the Contest constitutes your acknowledgement to the storage of your personal data in the United States of America and its use there for the purposes of administering this Contest and associated processing (e.g., but not limited to back-up, archiving). This server is controlled by the Sponsor who is a Participant in the U.S. Department of Commerce’s Safe Harbor Framework. Your personal data will be stored on these servers and used for the purposes of administering this Contest and associated processing of Entries.
- By entering this Contest, you (or, on behalf of a minor entrant, your parent or guardian) agree that your personal information may be collected, used, by Sponsor and its affiliates, subsidiaries and advertising and promotion agencies, and each of their directors, officers, employees, agents and assigns, for the sole purpose of conducting, administering, and fulfilling the Contest, including, without limitation notifying you if you are chosen as a Contestant and/or the potential Winner and for prize delivery.
- If allowed under applicable law, you may exercise your right to access and modify the personal information about you stored by Sponsor by writing to email@example.com, and detailing your request.
9. WINNER LIST. The Winner’s name will be posted on the Official DEFIANCE Facebook page and/or Official DEFIANCE Forums no later than 6:00 am PDT on September 15, 2013. The Winner’s name can also be obtained by sending a self-addressed stamped envelope to Trion Worlds, Inc., ATTN: Community, 1200 Bridge Parkway, Redwood City, CA 94065, USA. Do not send Entries or other correspondence to this address.
10. SEVERABILITY. In the event any Provision of these Official Rules and Conditions prove unenforceable, void or incomplete, the validity of the other conditions will remain unaffected.
11. SPONSOR. This contest is sponsored by Trion Worlds, Inc., 1200 Bridge Parkway, Redwood City, CA 94065, USA.
©2013 Trion Worlds, Inc. Trion, Trion Worlds, Defiance, and their respective logos, are trademarks or registered trademarks of Trion Worlds, Inc. Syfy, UCP and their respective logos are trademarks or registered trademarks of Universal Studios. Portions ©2013 Universal Studios. All other trademarks and logos belong to their respective owners. All rights reserved.