Prince of Persia 2008
Competition Rules
(United Kingdom)
No purchase is necessary to enter or to winThese Competition Rules ("Rules") are the Rules applying to the Prince of Persia 2008 competition organised by deviantART, Inc, a company based in California, USA and Ubisoft Limited, a company based in Surrey, UK. deviantART, Inc ("deviantART") and Ubisoft Limited ("Ubisoft") are the Promoters of the competition. &
How to enter
1. The Competition will begin at 19:00:01 hours (GMT) on 20 November 2008 and will end at 23:59:59 hours (GMT) on 12 December 2008. This period shall be referred to in these Rules as "the Competition Period".2. To be eligible, the entrant ("Entrant") shall be required to register through deviantART's website at http://www.deviantart.com ("the Competition Site" or "Site") and become a member of that Site. This is a website registered in California, USA and registration is free. No purchase necessary to enter or win.
3. The Entrant must submit an entry and then follow the instructions on the Competition Site. Previous registration with the Site will not automatically result in eligibility.
4. The Entrant must submit an original piece of artwork ("Artwork") in any visual medium based on or inspired by the 2008 Ubisoft UK video game for the XBOX 360, "The Prince of Persia" and include reference to the content available from http://prince-of-persia.uk.ubi.com or as a download from the contest site ("Promoter's Property").
5. The Artwork must be submitted in digital format and in one of the following formats: JPEG, GIF or PNG. The Artwork must be at least 2550x3300 at 300dpi.
6. Entries must be received by (and no later than) 23:59:59 hours (GMT) on 12 December 2008. Proof of sending an entry shall not be proof of receipt.
7. Entrants should only submit a digital copy of the Artwork. No submitted files will be returned.
Eligibility of the Artwork
8. Artwork submitted:a. must not have previously been published or won any other prize or award;
b. must be entirely original other than the use of Promoter’s Property and must be created originally and specifically for this contest.
c. must not, at the Promoters' sole discretion, be libelous or defamatory in any way, threatening, abusive, harassing, harmful, inflammatory or otherwise and must not contain any profanities or any unlawful material or material which could be racially, ethnically or otherwise objectionable;
d. must not contain, at the Promoters' sole discretion, any vulgar, obscene, offensive, overly violent, pornographic, sexually explicit, scandalous or otherwise inappropriate material or subject matter;
e. must not invade any person's rights or privacy (whether living or deceased) or infringe upon any person's personal or property rights and not contain any characteristics or likenesses of any public figure or celebrity whether living or dead;
f. must not contain advertising of any nature, trademarks (whether registered or unregistered), brand names or slogans (other than those relating to the Promoters), copyrighted material or infringe intellectual property rights of any third party; and
g. must not contain any viruses, worms, corrupt files, Trojan horses or other forms of corruptive code that may harm or compromise the Competition Site and/or the proper conduc
t of the Competition.
h. must not violate any law or statute or encourage conduct which might give rise to a criminal or civil offence;
9. The Promoters and the judges reserve the right, using their sole discretion, to remove and disqualify from the Competition any Artwork submitted which contravenes the Rules generally or specifically rule 8 above.
10. By submitting an entry, the Entrant represents and confirms that:
a. they have the necessary rights to enter the Competition and submit the Artwork;
b. any person whose name, voice or likeness appears in the Artwork ("Artwork Participants") have unconditionally granted to the Entrant their written consent for their name, voice or likeness to be so used in the submitted Artwork (being subject to these Rules) and that the Entrant will be able to provide the Promoters with that written consent upon request; and
c. the Artwork does not infringe any person's or corporate entity's personal or intellectual property rights.
Use of the Artwork
11. All rights in the Artwork will remain the exclusive property of the Entrant, provided at all times that:a. during the Competition Period and for a period of two years thereafter, eligible pieces of Artwork may, at the discretion of the Promoters, be posted on the Competition Site or otherwise displayed in any form and in any media in connection with the promotion of the Competition;
b. by entering into the Competition, the Entrant, for a period of 5 years from the close of the Competition Period ("Display Period"), grants to Ubisoft, on a royalty-free and payment-free basis, the right to display any prize-winning Artwork in any form and in any media in connection with the promotion of Ubisoft's business by way of advertising and, for the avoidance of doubt, there is no obligation on Ubisoft to so display any Artwork;
c. Ubisoft may otherwise use prize-winning Artwork in such manner, and upon such terms and conditions, and for such payment as may be agreed with the relevant Entrant, such approval not to be unreasonably conditioned, delayed or withheld.
12. If any prize-winning Artwork is used by the Promoters as set out in rule 11 above, the Entrant shall not, during the Display Period, authorise or permit his or her prize-winning Artwork to be used to promote any product or service of any party other than the Entrant or the Promoters.
13. For the avoidance of doubt, an Entrant shall not acquire any ownership, interest or rights over any trademark (whether registered or unregistered) or other intellectual property of the Promoters ("Promoters' Property") which might appear in the Artwork.
14. Except as expressly permitted in these Rules, the Entrant may not use the Promoters' Property in any manner whatsoever in connection with the Artwork or otherwise without the relevant Promoter's express prior written permission.
Criteria for and Selection of Winners
15. After the close of the Competition Period, and using the criteria at rule 17 below full-time staff members of deviantART shall select 50 semi-finalist entries. The semi-finalist entries till be judged by a panel of Ubisoft Judges, made up of Mickael Labat, Jean-Christope Guyot, Ben Mattes, and Patrick Lambert. Potential winners will be selected from the Shortlist on or after 13 December 2008 by a panel of judges.16. The judges' decisions on any aspect of the Competition are final and no correspondence or discussion will be entered into.
17. Artwork will be judged on the basis of the most successful expression of the 2008 Ubisoft UK video game for the XBOX 360, "The Prince of Persia", applying the following criteria: creativity (50%), technical skill (25%) and originality (25%). In the event of a tie, the winner will be the entry with the highest score for creativity.
18. Winning Entrants will be notified by any of US postal mail, UK first class post or email and/or through the Competition Site. The return of any prize notification as being undelivered or undeliverable (by whatever method) may result in disqualification and the selection of an alternative winner for that prize.
Prizes
19. a. Grand Prize is Xbox 360 Premium, Wacom Intuos3 A5 Tablet Graphics Tablet, copy of Prince of Persia for Xbox 360, Retro Prince T-Shirt, Exclusive Glossy A4 Poster, and a one year subscription to deviantART;b. Second prize is a Wacom Intuos3 A5 Tablet Graphics Tablet, copy of Prince of Persia (on Xbox 360, PS3 or Nintendo DS), Retro Prince T-Shirt, Exclusive Glossy A4 Poster, and a 6 month subscription to deviantART
c. Third prize is a Retro Prince T-Shirt, Exclusive Glossy A4 Poster, copy of Prince of Persia (on Xbox 360, PS3 or Nintendo DS), and a 3 month subscription to deviantART.
There shall be no cash alternatives.
20. The Promoters reserve the right to substitute prizes of equal or greater value but no other substitution or transfer of prizes will be permitted.
21. The odds of winning will depend on the number of eligible Artworks received and the nature of the Artwork itself and, assuming that a sufficient number of entries are received, all prizes will be awarded.
22. Any taxes, fees or insurance shall be the responsibility of the prize winners. Prizes will only be delivered to an address in the United Kingdom.
Eligibility
23. Subject to rule 24 below, the Competition is only open to residents of the United Kingdom who are registered members of the deviantART website and who are aged 13 or over on 20 November 2008. Registration on the deviantART website is free and no purchase is necessary. If an Entrant is under the age of 18, they should obtain the consent of their parent or guardian to enter the Competition and be able to demonstrate such consent upon request at any time and the Entrant represents and warrants that they have obtained the necessary consent to enter the Competition.24. The Competition is not open to employees (or their immediate families and members of the same household) of the Promoters or their affiliates, agents, advertising and promotion agencies or the judges (or their immediate families and members of the same household).
25. Any entry received from a person who is not eligible shall not be considered by the judges.
Delivery of Prizes
26. Only winning Entrants will be contacted by the Promoters.27. The Promoters reserve the right to require proof of age, address and residence from any prize winner.
28. Ubisoft shall be responsible for delivering the prizes to winning Entrants although Ubisoft shall not be liable for the quality of or use of any prize.
29. Entrants who become prize-winners agree to the use of their name and prize information being used by the Promoters in any medium without any additional payment or compensation from the Promoters and, if the Promoters request and a prize-winning Entrant consents, their likeness.
30. The names and county of residence of the winning Entrants will be available from the Competition Site after selection and verification of the winners.
General
31. Acceptance of these Rules shall be a condition of entry and submission of an Artwork shall be deemed as acceptance of the Rules.32. The Entrant agrees to abide by the decisions of the judges.
33. The Promoters and judges shall be neither responsible nor liable for:
a. any late, delayed, lost, misdirected, damaged, incomplete, corrupted or otherwise defective entries or communications whether as a result of technical or other failures or malfunctions of computer hardware, software, communications devices or otherwise, nor for any data corruption, theft, unauthorised access to or alteration of Artwork, loss or otherwise;34. The Promoters, in their sole discretion, reserve the right at all times to modify, suspend, cancel or terminate the Competition should any virus, bug, technical failure, unauthorised human intervention or other event beyond the reasonable control of the Promoters corrupt, jeopardize or otherwise affect the administration, security, fairness or proper conduct of the Competition. In the event of such cancellation, termination or suspension, an advice notice will be posted on the Competition Site and the winners shall be selected from the eligible entries received prior to such time.
b. any electronic communications being blocked, delayed or returned as a result of any communications/data filtering system employed or if the Entrant's email account has insufficient space to allow receipt of any email;
c. any breach of a third party's rights by an Entrant (whether intellectual property rights or otherwise) in connection with any submitted Artwork; or
d. any damage caused to an Entrant's computer system as a result of participation in the Competition or from any access made, posting, uploading or downloading of data or information to or from the Competition Site or from any website of the Promoters in connection with the Competition.
35. By accepting a prize, a winning Entrant agrees to release the Promoters, their directors, employees, officers and agents including, without limitation, their advertising and promotion agencies from any liability to the Entrant, any direct or indirect losses (including consequential losses) or damages whatsoever and howsoever arising from or in connection with the awarding, receipt and/or use or misuse of the prize or participation in any prize-related activities provided that nothing in these Rules shall exclude or limit the liability of the Promoters for personal injury or death caused by negligence or anything else that cannot be excluded or limited by law.
36. Any attempt by an Entrant to deliberately damage the Competition Site or any site connected with the Promoters or otherwise undermine the legitimate operation of the Competition is a violation of criminal and civil laws and should such an attempt be made, the Promoters reserve the right to take whatever legal action may be necessary against, and to seek damages from, any such individual to the fullest extent permitted by law.
37. The Promoters' names and addresses are:
a. deviantART, Inc., 7095 Hollywood Boulevard, #788, Hollywood, California 90028, USA; and38. If any provision of these Rules (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Rules, and the validity and enforceability of the other provisions of the Rules shall not be affected.
b. Ubisoft Limited, 1st Floor, Chertsey Gate East, London Street, Chertsey, Surrey, KT16 8AP, UK
39. These Rules shall be governed by and construed in accordance with the law of England and Wales (in the United Kingdom). The Entrant agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with either these Rules or the Competition.