Eligibility: “Rock the Nightmare Music Video” Contest (“Contest“) is open to legal residents of the fifty (50) United States (including District of Columbia), Canada (excluding Quebec) and Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom, who are at least eighteen (18) years or age of majority in their jurisdiction of residence, whichever is older, at the time of entry. Void in Guam, the U.S. Virgin Islands, and other U.S. territories and possessions, Quebec and any jurisdiction not listed above and where prohibited by law. Employees of ArenaNet, Inc., NC Interactive, Inc., NCSOFT Europe Ltd., and NCSOFT Corporation (collectively, “Sponsors”), and each of their respective parent companies, affiliates, subsidiaries, representatives, advertising, promotion and publicity agencies, and members of the immediate families (defined as parents, children, siblings and spouse, regardless of where they reside) or households of such employees are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes participant’s full and unconditional agreement to these Official Rules and Sponsors’ decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Contest Period: The Contest begins on November 5, 2013 at 7:00 a.m. Pacific Time (“PT“) and ends on November 26, 2013 at 11:59 a.m. PT (“Contest Period”). Sponsors’ computer is the official time keeping device for this Contest.
How to Enter: During the Contest Period, to enter, create a music video no longer one (1) minute in length in English to the song, “Nightmares Within” (“Video”), available for download at the ArenaNet Soundcloud page. Once you have created your Video, complete the Contest entry form. You must include a link to your Video, which you must upload to YouTube. All terms and conditions of YouTube apply. Note: You only have a limited license to download and use “Nightmares Within” for the sole purpose of creating a Video for this Contest. Any individual appearing in the Video must give you consent to include them in the Video. Any minor in the Video must be your child or legal ward. No automated entry devices and/or programs permitted; all such entries will be void.
Video Restrictions: Video may not contain, as determined by the Sponsors, in their sole discretion, any content that:
contains music other than “Nightmares Within”;
is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
is obscene or offensive; endorses any form of hate or hate group;
appears to duplicate any other submitted Videos;
contains the name, trademarks, logos or images for any of Sponsors’ competitors or their products or services;
defames, misrepresents or contains disparaging remarks about Sponsors or their products or services, other people or companies;
contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others (with the exception of “Nightmares Within” and Guild Wars and Guild Wars 2 assets that have generally been made available pursuant to, and subject to, Sponsor’s Terms of Use located at https://www.guildwars2.com/en/legal/guild-wars-2-content-terms-of-use/), without permission, to the extent permission is necessary;
contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission is necessary;
contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
contains look-alikes of celebrities or other public or private figures, living or dead;
communicates messages or images inconsistent with the positive images and/or good will with to which Sponsors wishes to associate; and/or
violates any law.
Sponsors reserve the right to allow for minor fluctuations between the Video length limitation stated herein and the actual length of a Video submitted in this Contest, as well as other minor deviations from these Official Rules, based on clear intent to comply with these Official Rules, as determined by Sponsors in their sole discretion.
Video must be the original work of the participant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Video contains any material or elements that are not owned by the participant (with the exception of “Nightmares Within” and Guild Wars and Guild Wars 2 assets that have generally been made available pursuant to, and subject to, Sponsor’s Terms of Use located at https://www.guildwars2.com/en/legal/guild-wars-2-content-terms-of-use/), and/or which are subject to the rights of third parties, the participant is responsible for obtaining, prior to submission of the Video, any and all releases and consents necessary to permit the use and exhibition of the Video by Sponsors in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Video. Sponsors reserve the right to request proof of these permissions in a form acceptable to Sponsors from any participant at any time. Failure to provide such proof may, if requested, render Video null and void. By submitting a Video, participant warrants and represents that he/she and any persons appearing or who are identifiable in the Video consent to the submission and use of the Video in the Contest and to their use as otherwise set forth herein.
By submitting a Video, participant hereby grants permission for the Video to be posted on Sponsors’ YouTube Channel, website and social media pages and to otherwise be used as set forth below. Participant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Videos by third parties. Released Parties do not guarantee the posting of any Video. Sponsors, in their sole discretion, may disqualify, take down and/or not post a Video if they determine, in their sole discretion, that the Video fails to conform to these Official Rules in any way or otherwise contains unacceptable content, as determined by Sponsors, in their sole discretion. Released Parties (as defined below) are not responsible for late, illegible, incomplete, inaccurate, damaged, irregular, mutilated, forged, falsified, altered, garbled, mechanically or electronically reproduced entries, Videos, links or emails, or for Videos that are tampered with in any way or submitted in any manner which subverts the entry process; all of which will be void.
Grant of Rights to Use Video: Each participant agrees and hereby grants to Sponsors and their successors, licensees and assigns an unlimited, perpetual, irrevocable, assignable, royalty-free, fully paid-up license to reproduce, distribute, perform, create derivative works of, edit, alter, display, exhibit, combine with other materials, exploit and otherwise use the Videos, and all elements embodied therein, in any manner and in any and all media now known or hereafter devised throughout the universe for any purpose whatsoever, including, without limitation, for commercial purposes, without compensation or notification to, or permission from, participant or any third party and hereby waives any moral rights in the Videos. Without limiting the foregoing, participant understands and agrees that if Video is used by Sponsors that participant shall not receive any compensation from such use. Sponsors have no obligation to make use of the rights granted herein. PARTICIPANT REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE AND INTEREST NECESSARY TO GRANT THE RIGHTS TO SPONSORS SET FORTH HEREIN.
Winner Selection: Three (3) potential winners will be selected from all eligible Videos received by a panel of judges based on the following equally-weighted judging criteria: creativity, style, and originality. In the event of a tie, an additional tie-breaking judge will determine the winner(s) from among those tied using the judging criteria set forth herein. Sponsors reserve the right to not award all prizes if, in their sole discretion, they do not receive a sufficient number of eligible and qualified Videos. All decisions of the Sponsors and judges are final and binding. Sponsors will not reveal the judging scores for any entry.
Potential Winner Notification and Verification: Potential winners will be notified by email and required to sign and return, where legal, an Affidavit (or Declaration) of Eligibility and Liability/Publicity Release (“Affidavit/Release”) within five (5) days of date of prize notification. If any winner is considered a minor in his/her jurisdiction of residence, Affidavit/Release must be signed by his/her parent or legal guardian. If any potential winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these rules and requirements, such prize will be forfeited and, at Sponsors’ discretion, a runner-up will be notified. Upon prize forfeiture, no compensation will be given.
Prizes: Grand Prize (1): Grand Prize includes one (1) custom 3D-printed Guild Wars 2 Nightmares Within Guitar, one (1) SteelSeries Guild Wars 2 Gaming Headset, one (1) SteelSeries Guild Wars 2 Gaming Mouse and one (1) SteelSeries QCK Guild Wars 2 Eir Edition Mousepad. Approximate retail value (“ARV”): US$2244.97. First Prize (2): First Prize includes one (1) SteelSeries Guild Wars 2 Gaming Headset, one (1) SteelSeries Guild Wars 2 Gaming Mouse and one (1) SteelSeries QCK Guild Wars 2 Eir Edition Mousepad. ARV: US$184.97. Total ARV of all prizes combined: US$2614.91. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prizes are non-transferable. No substitutions or cash redemptions. Sponsors reserve the right to substitute a prize of comparable or greater value, in their sole discretion. All costs and expenses associated with prize acceptance and use not specified herein as being provided are the responsibility of winners. Federal, state and local taxes, if any, are the sole responsibility of the winners. Limit one (1) prize per person/email address for the entire Contest. All prize details are at Sponsors’ sole discretion.
Publicity: Except where prohibited by law, participation in the Contest constitutes participant’s consent to Sponsors’ and their respective agents’ or designees’ use of participant’s name, likeness, photograph, voice, opinions and/or hometown and state/province for advertising, promotional and other purposes in any and all media, now or hereafter devised, in any manner, worldwide in perpetuity, without further payment or consideration, notification or permission.
Release: By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsors which are binding and final in all matters relating to this Contest; and (b) release, indemnify and hold harmless the Sponsors, and each of their respective parent companies, affiliates, subsidiaries, representatives, advertising, promotion and publicity agencies, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents, successors, assigns, and representatives (collectively, the “Released Parties“) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to participation in the Contest, acceptance or use or misuse of any prize.
General Conditions: Sponsors reserve the right to cancel, suspend and/or modify the Contest, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsors in their sole discretion. If terminated, Sponsors may, at their discretion, award the prizes from among all non-suspect, eligible Videos received up to the time of such action using the judging procedure outlined above or as otherwise deemed fair and appropriate by Sponsors. Sponsors reserve the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated entries. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages (including, without limitation attorneys’ fees) and other remedies from any such person to the fullest extent permitted by law. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the participant and he/she must comply with these rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
Limitations of Liability: Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by participants, printing, typographical errors or by any of the equipment or programming associated with or utilized in the Contest; (b) lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the judging of Videos, the announcement of the prizes, or in any Contest-related materials; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Contest or receipt or use or misuse of any prize.
Disputes: Participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Washington State Court; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will participant be permitted to obtain attorneys’ fees or other legal costs; and (d) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.
Participant’s Personal Information: Information collected from participants is subject to the Sponsors’ Privacy Policy which is available at https://www.guildwars2.com/en/legal/.
Winners List: The winners of this Contest will be posted on www.guildwars2.com on or around Friday, December 13, 2013. A list of winners can also be obtained by sending a self-addressed stamped envelope to the “Guild Wars 2 Rock the Nightmare Music Video Contest” 2011, ArenaNet, Inc., 3180 139th Ave SE, Ste 500, Bellevue, WA 98005, for receipt by no later than January 13, 2014.
Sponsors: ArenaNet, LLC, 3180 139th Ave SE, Suite 500, Bellevue, WA 98005, USA. NC Interactive, LLC, 3180 139th Ave SE, Suite 500, Bellevue, WA 98005, USA, NCSOFT Europe Ltd., 5th Floor, Mocatta House, Trafalgar Place, Brighton BN1 4DU, UK, and NCSOFT Corporation, 6801 North Capital of Texas Highway, Building 1, Austin, TX 78731, USA.
© 2013 ArenaNet, LLC. All rights reserved. NCSOFT, the interlocking NC logo, Guild Wars, Guild Wars Factions, Factions, Guild Wars Nightfall, Nightfall, Guild Wars: Eye of the North, Eye of the North, Guild Wars 2 and ArenaNet and all associated logos and designs are trademarks or registered trademarks of NCSOFT Corporation. All other trademarks are the property of their respective owners.