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THE GOTFRAG COUNTER-STRIKE FILM FESTIVAL BEST PISTOL VIDEO CONTEST, PRESENTED BY CREATIVE OFFICIAL RULES VOID WHERE PROHIBITED By participating in this GOTFRAG COUNTER-STRIKE FILM FESTIVAL BEST PISTOL VIDEO CONTEST, PRESENTED BY CREATIVE (the “Contest”), each participant (“Participant” or “you”) agrees to abide by these Official Rules and decisions of the Judges, which shall be final and binding in all respects. 1. Contest Description/Timing: The Contest is a skill contest. Participants must submit a video clip of Counter-Strike (any PC versions of Counter-Strike: Counterstrike 1.6, Counterstrike: Source, Counterstrike Condition Zero) game-play footage (a “Video”) in the following Category: Best Pistol Video. Videos must be submitted (i.e., uploaded) online via the Gotfrag Gameroom site (located at http://gameroom.gotfrag.com/) (the “Gameroom Site”). Each Video must include pistol kills only. Each Video must be 30 seconds to 2 minutes in length. Participants must submit Videos during the period beginning on November 3, 2008, and ending on December 1, 2008. You may submit more than one Video. On or about December 5, 2008, the Contest judges (the “Judges”), who will be comprised of a panel of Gotfrag.com LLC (“Gotfrag” or “Sponsor”) staff members, will select and nominate the best five (5) Videos within the Category (the “Nominated Videos”). During the period beginning on December 5, 2008, and ending at 12:00pm ET on December 12, 2008, users of the GOTFRAG.com site (located at http://www.Gotfrag.com) (the “Site”) will have the ability to vote to select the best of the Nominated Videos within the Category. The Nominated Video within the Category receiving the most votes will be the 1st place winner; the Nominated Video within each Category receiving the second most votes will be the 2nd place winner, and the Nominated Video within each Category receiving the third most votes will be the 3rd place winner. GOTFRAG will announce the winners on or about December 19, 2008, on the Site. Each person who submits a Video fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of the Judges and GOTFRAG, which shall be final and binding in all respects. 2. How to Submit a Video to be Entered into the Contest: You may enter as often as you wish, but each entry must be different (as determined by the Judges) and submitted separately. Videos must not contain obscene or pornographic material, contain defamatory or libelous statements, invade privacy rights, exploit individuals under the age of eighteen (18) or in any other way violate applicable laws and regulations. Videos containing any such content and/or otherwise deemed by Sponsor in its sole discretion, to be inappropriate will be disqualified. 3. Judging: Level 1: All Video entries received will be judged using the following criteria: Videos will be judged on skill of gameplay, creativity and quality of editing, themes, and music, as determined by the Judges. Entries will be judged by a panel of GOTFRAG staff members who have knowledge of video gaming. The Judges will select and nominate the five (5) Videos within the Category. Level 2: The Nominated Videos will be posted on the Site no later than December 5, 2008. During the period beginning on December 5, 2008, and ending at 12:00pm ET on December 12, 2008, users of the Site will have the ability to vote to select the best of the Nominated Videos within the Category. The Nominated Videos within the Category receiving the most votes will be the 1st place winner; the Nominated Videos within each Category receiving the second most votes will be the 2nd place winner, and the Nominated Videos within each Category receiving the third most will be the 3rd place winner. Limit one (1) vote per username and two (2) votes per IP address. GOTFRAG will announce the winners on or about December 19, 2008, on the Site. The determination of the winners shall be final and binding. In the event of a tie, the Videos involved in the tie will be reviewed by the Judges who will serve as a tiebreaker and who will evaluate the Videos according to criteria listed above. Becoming a potential winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. 4. Eligibility and Limitations. All Participants must be at least 13 years old as of date of entry. Children under 13 are not permitted to register for this Contest. Void where prohibited. Participants who are minors in their jurisdictions at the time of entry must have their parent or guardian sign a release on behalf of the minor to be eligible to receive a prize. If a minor wins a prize, the prize will be awarded to the parent or legal guardian who signed the release. Void where prohibited. Only one (1) prize per household per Contest. Employees of GOTFRAG, Creative, the Contest's participating sponsors and their advertising agencies, and members of the immediate family of any such persons are not eligible to participate and win. 5. Prize(s). Prizes will be provided by GOTFRAG as follows: One (1) 1st prize will be awarded to the winning Video. The 1st place winner will receive: • US$1000 cash • Sound Blaster X-Fi Titanium Fatal1ty Championship Series ($199.99) • Fatal1ty Gaming Headset ($49.99) • Inspire T6100 speakers ($79.99) • Sound Blaster X-Fi Notebook ($89.99) One (1) 2nd prize will be awarded to the 2nd place Video. The 2nd place winner will receive: • US$500 cash • Sound Blaster X-Fi Titanium Fatal1ty Professional Series ($149.99) • Fatal1ty Gaming Headset ($49.99) • Inspire T6100 speakers ($79.99) One (1) 3rd prize will be awarded to the 3rd place Video. The 3rd place winner will receive: • Sound Blaster X-Fi Titanium Fatal1ty Professional Series ($149.99) • Fatal1ty Gaming Headset ($49.99) The prize that may be awarded to the eligible winner(s) is limit one prize package per winner. Prizes are non-transferable and not exchangeable for any other prize. In the case of unavailability of prize, GOTFRAG reserves the right, in its sole discretion, to substitute a prize of equal or greater value. All taxes, gratuities and unspecified expenses are the sole responsibility of winner. Winner assumes all liability for use of the prize. Winners will be notified by e-mail and/or posted on the Site within approximately two (2) weeks after the end of the Contest. Winner will be required to sign and return, within ten (10) days of receipt of notification, an Affidavit of Eligibility and liability/publicity release prior to receipt of prize and tax forms. If a winner cannot be contacted within ten (10) days of first notification attempt, if any prize or prize notification is returned as undeliverable, if winner rejects his/her prize or in the event of noncompliance with these Official rules and requirements, such prize will be forfeited and may be awarded to an alternate, in GOTFRAG’s sole discretion. 6. Conditions. GOTFRAG is not responsible for any incorrect or inaccurate information, whether caused by users of the Site or by any of the equipment or programming associated with or utilized on the Site or in any Contest or by any technical or human error, which may occur in the processing of registrations, entries into any Contest, or otherwise in connection with any Contest including, without limitation, any technical limitation or other event that results in the disqualification or loss of ranking status of any Participant in any Contest. GOTFRAG assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure relating to the Site or any Contest, or for any theft or destruction of or unauthorized access to, or alteration of, any registration materials or entries. GOTFRAG is not responsible for any problems or technical malfunction of any telephone, network, satellite, cable or lines, computer, on-line-systems, servers or providers, computer equipment, software, failure of e-mail, registrations or entry submissions on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof in connection with the Site or any Contest, including, without limitation, any technical limitation or other event that results in the disqualification or loss of ranking status of any user in any Contest. GOTFRAG is not responsible for injury or damage to Participants' or to any other person's computer related to or resulting from participating, downloading or uploading materials from the Site or in connection with any Contest. Any use of robotic, automatic, micro, programmed or like entry methods will void all such entries by such methods, and disqualify any person using such methods. If, for any reason, any Contest, in GOTFRAG's sole opinion, is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of GOTFRAG which, in the GOTFRAG's sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of any Contest, GOTFRAG reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and proceed in such a manner as may be deemed fair and equitable by GOTFRAG in its sole discretion. IN NO EVENT WILL GOTFRAG, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AND RELATED COMPANIES, ITS SPONSORS, ADVERTISING OR PROMOTION AGENCIES OR PARTNERS (INCLUDING CREATIVE) OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND UNDER ANY THEORY (WHETHER CONTRACT, TORT, WARRANTY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR CONTEST PRIZES, ARISING OUT OF ANY PARTICIPANT'S ACCESS TO AND USE OF THE SITE OR PARTICIPATION IN ANY CONTEST OR (B) FOR ANY DAMAGES OF ANY KIND IN EXCESS OF ANY FEE PAID BY YOU (IF ANY) TO ENTER THE APPLICABLE CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND IN CONNECTION WITH ANY CONTEST IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SPONSOR'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 7. Representations and Warranties/Indemnification. Each Participant represents and warrants to Sponsor as follows: (i) Participant has the full right and legal capacity to agree to these Official Rules; (ii) Participant has the right and power to grant rights herein contained; (iii) Participant has obtained all the necessary clearances, including, but not limited to copyright clearances, necessary to copy, display, or distribute the Video; (iv) the rights granted to Sponsor via these Official Rules, including public display, public performance, distribution, and reproduction of Participant’s Video, will not violate or infringe upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal property right of any person or entity and Participant’s Video will not constitute a libel or defamation of any third party; (v) the Video does not and will not violate any applicable laws, and is not and will not be defamatory, libelous, pornographic, or obscene as decided by the judges, in their sole discretion. Each Participant hereby agrees to indemnify, defend and hold the Releasees (defined below) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Participant hereunder. 8. Publicity. By participating, all Participants and winner(s) grant GOTFRAG and Creative permission to use their names, nick-names, gamer-tags, characters, photographs, voices, and likenesses in connection with promotion of this and other Contests, in perpetuity, throughout the world, and waive any claims to royalty, right, or remuneration for such use, except where prohibited. 9. Release. By participating, each Participant and winner waives any and all claims of liability against the GOTFRAG, its parents, subsidiaries, affiliates, subsidiaries, suppliers, and related companies, its sponsors, adverting and promotion agencies and partners (including Creative), and any of their respective officers, directors, employees, representatives, and agents (collectively, the “Releasees”) , from any and all liability for any loss, harm, damages, cost or expense, including without limitation property damages, personal injury and/or death, arising out of participation in any Contest or the acceptance, use or misuse of the prize. If any part of these Official Rules shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Official Rules and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. The failure of GOTFRAG to partially or fully exercise any rights or the waiver by GOTFRAG of any breach of these Official Rules by you, shall not prevent a subsequent exercise of such right by GOTFRAG or be deemed a waiver by GOTFRAG of any subsequent breach by you of the same or any other term of these Official Rules. The rights and remedies of GOTFRAG under these Official Rules shall be cumulative, and the exercise of any right or remedy shall not limit a right to exercise any other right or remedy hereunder. In case of dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at the time of registration. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. 10. Taxes. Each winner is solely responsible for any and all applicable taxes. GOTFRAG is not responsible for any unspecified expenses which shall be the responsibility of winners. Any person winning over US$600 in prizes from GOTFRAG will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS. 11. Conduct and Decisions. By participating in the Contest, Participants agree to be bound by the decisions of GOTFRAG, Judges and GOTFRAG’ personnel. All decisions of the Contest organizers or of their representatives regarding this Contest are final and without appeal. Participants must conduct themselves in a reasonable manner, maintaining a friendly and polite demeanor to competitors, Contest officials, and to other Participants of the Contest. Participants who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. GOTFRAG will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the GOTFRAG's decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the GOTFRAG, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the GOTFRAG deems appropriate. GOTFRAG reserves the right, in its sole discretion, to disqualify any individual it finds (a) to be tampering with the registration or entry process or the operation of the Site or any Contest; (b) be acting in violation of these Official Rules; (c) to be hacking, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (d) to have provided any false or misleading information as part of the registration process including, without limitation, any false names, addresses or e-mail addresses. All decisions will be made by GOTFRAG and are final. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW. 12. Miscellaneous. If for any reason, any Contest, in GOTFRAG's sole opinion, is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of GOTFRAG which, in the GOTFRAG's sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of any Contest, GOTFRAG reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and proceed in such a manner as may be deemed fair and equitable by GOTFRAG in its sole discretion. 13. Arbitration and Governing Law Any controversy, claim or dispute arising out of or relating to this Contest shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Rules including Emergency Interim Relief Procedure in New York, New York, except that, to the extent any Participant, winner or guest has in any manner violated or threatened to violate GOTFRAG’s intellectual property or confidentiality rights, GOTFRAG may seek injunctive, monetary or other appropriate relief in any state or federal court in the state of New York (and GOTFRAG may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. 14. Use of Data. GOTFRAG will be collecting personal data about Participants online, in accordance with its privacy policy. Please review the GOTFRAG’s privacy policy at http://www.gotfrag.com/portal/about/privacy/ . By participating in a Contest, Participants hereby agree to GOTFRAG’s collection and usage of their personal information and acknowledge that they have read and accepted GOTFRAG’s privacy policy. 15. Rules and List of Winners: For a copy of the rules, or a list of winners, please send your request within thirty (30) days of the end of the Contest by mail with a stamped, self-addressed return envelope with Contest name and addressed to: Gotfrag.com LLC, 420 Lexington Ave, Suite 2820, New York, NY 10170. SPONSOR: GOTFRAG.COM LLC, 420 LEXINGTON AVE., SUITE 2820, NEW YORK, NY 10170, USA. Page:
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