DR PEPPER ULTIMATE GAMING HOUSE SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY
VOID WHERE PROHIBITED
By participating in this Dr Pepper Ultimate Gaming House Sweepstakes (the “Sweepstakes”), each participant (“Participant” or “you”) agrees to abide by these Official Rules.
1. Sweepstakes Description/Timing: The Sweepstakes will be comprised of four (4) separate drawings (each, a “Drawing”) and one (1) online video submission contest (the “Video Contest).
(a) Drawing:
The entry period for the first Drawing will begin on April 2, 2008, and end on April 28, 2008.
The entry period for the second Drawing will begin on Monday, April 29, 2008, and end on Thursday, June 22, 2008.
The entry period for the third Drawing will begin on Monday, June 23, 2008, and end on Thursday, July 20, 2008.
The entry for the fourth Drawing period will begin on Monday, July 21, 2008, and end on Thursday, October 9, 2008.
Participants may enter each Drawing by visiting the Dr Pepper Ultimate Gaming House site (www.mlgpro/drpepper.com) (the “UGH Site”) within the MLGPro website (www.mlgpro.com) (the “MLG Site”) and completing the online entry form for the Drawings. Limit one (1) entry per valid email address per eligible person per Drawing. Once the winner is chosen, participants who did not win will be allowed to re-enter in the next period. Winners of each Drawing will be selected by random drawing at the end of each Drawing period.
(b) Video Contest:
MLG will conduct one (1) Video Contest. Participants must submit a video clip featuring their game room (i.e., the room in which he/she plays video games) which is in need of an upgrade (a “Video”). Videos must be submitted (i.e., uploaded) online via the MLG Gameroom site (located at http://gameroom.mlgpro.com) (the “Gameroom Site”). Each Video must be no more than ninety (90) seconds in length. Limit one (1) Video entry per valid email address per eligible person. 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. Participants must submit Videos during the period beginning on June 23, 2008, and ending on August 27, 2008. On or about August 28, 2008, the Video Contest judges (the “Judges”), who will be comprised of a panel of Major League Gaming Inc. (“MLG” or “Sponsor”) staff members, will select and nominate the best three (3) Videos (the “Nominated Videos”). During the period beginning on August 28, 2008, and ending at 12:00pm ET on September 5, 2008, users of the UGH Site or MLG Site will have the ability to vote to select from the Nominated Videos the Video that is in most need of a make-over and/or upgrade. No person may vote by proxy for any other person. The Nominated Videos receiving the most votes will be the Video Contest winner. MLG will announce the winners on or about September 5, 2008 on the UGH Site or MLG 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 MLG, which shall be final and binding in all respects.
Judging: Level 1: All Video entries received will be judged using the following criteria: originality, creativity, authenticity and compelling reason Participant’s game room is in need of an upgrade. Entries will be judged by a panel of MLG staff members. The Judges will select and nominate the best three (3) Videos. Level 2: The Nominated Videos will posted on the UGH Site no later than August 28, 2008. During the period beginning on August 28, 2008, and ending at 12:00pm ET on September 5, 2008, users of the UGH Site or MLG Site will have the ability to vote to select the best of the Nominated Videos. The Nominated Videos receiving the most votes will be the winner of the Video Contest. No person may vote by proxy for any other person. MLG will announce the winner of the Video Contest on or about September 5, 2008 on the UGH Site or MLG 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.
(c) Sweepstakes Grand Prize Winner:
The winners of each of the 4 Drawings and the winner of the Video Contest will be eligible for the Sweepstakes drawing. The Grand Prize Winner, the First Prize Winner and the Second Prize Winner of the Sweepstakes will be selected by a random drawing on-site at the Dr Pepper Ultimate Gaming House taking place in October or November 2008 (exact date to be announced) at a location to be announced (the “UGH”).
2. Eligibility and Limitations.
All Participants must be legal residents of the United States and at least 13 years old as of date of entry. Children under 13 are not permitted to register for this Sweepstakes. Void where prohibited. Minors (under 18 years old or under 19 years old in Alabama and Nebraska) at the time of entry must have his/her parent or legal 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 in Puerto Rico and where prohibited. Only one (1) prize per household per Drawing, Video Contest or Sweepstakes. Employees of MLG, Dr Pepper/Seven Up, Inc., the Sweepstakes' participating sponsors and their advertising agencies, and members of the immediate family of any such persons are not eligible to participate and win.
3. Prize(s).
Drawing: One (1) 1st prize will be awarded to each winner of each of the 4 Drawings. Each such 1st prize winner will receive two (2) roundtrip coach airfare from the airport closest to winner’s home to the UGH location and one (1) hotel room for two (2) nights, plus two (2) passes to attend all UGH events at a TBD location taking place October or November 2008 (exact date TBD) (total approximate retail value: US$2,000). Any expense or item not specifically listed is the responsibility of the winner. Exact value may vary depending upon point of departure. Winner and guest (which guest must be at least 18 years old or at least 19 years old in Alabama and Nebraska) must travel together and must be able to travel on dates designated by Sponsor, or prize will be forfeited in its entirety. Winners who are minors must travel with his or her parent or legal guardian. Exact travel dates to be determined by Sponsor and shall be subject to availability, black out dates and other restrictions. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Once travel commences, no stopovers are permitted; if stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Winner’s travel companion guest must execute a Release of Liability/Publicity Release (except where prohibited by law) prior to departure. Winner and travel companion are solely responsible for obtaining required travel documents or requirements, failure to do so will result in forfeiture of prize. Seat selection and timing of trip subject to availability and confirmation of reservations. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Prize does not include gratuities, items of a personal nature, and any additional travel expenses not specified.
Video Contest: One (1) 1st prize will be awarded to the winner of the Video Contest. Such 1st prize winner will receive two (2) roundtrip coach airfare from the airport closest to winner’s home to the UGH location and one (1) hotel room for two (2) nights, plus two (2) passes to attend all Ultimate Gaming House events at a TBD location taking place October or November 2008 (exact date TBD) (total approximate retail value: US$2,000). Any expense or item not specifically listed is the responsibility of the winner. Exact value may vary depending upon point of departure. Winner and guest (which guest must be at least 18 years old or at least 19 years old in Alabama and Nebraska) must travel together and must be able to travel on dates designated by Sponsor, or prize will be forfeited in its entirety. Winners who are minors must travel with his or her parent or legal guardian. Exact travel dates to be determined by Sponsor and shall be subject to availability, black out dates and other restrictions. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Once travel commences, no stopovers are permitted; if stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Winner’s travel companion guest must execute a Release of Liability/Publicity Release (except where prohibited by law) prior to departure. Winner and travel companion are solely responsible for obtaining required travel documents or requirements, failure to do so will result in forfeiture of prize. Seat selection and timing of trip subject to availability and confirmation of reservations. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Prize does not include gratuities, items of a personal nature, and any additional travel expenses not specified.
Sweepstakes Grand Prize:
Winners of each of the 4 Drawings and the Video Contest must be available to attend the UGH and must be present at the UGH to be eligible for the Sweepstakes Grand Prize drawing. In addition, all such winners must be available for press and media interviews.
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, MLG 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 posted on the UGH Site following the end of each Drawing period, Video Contest and Sweepstakes. 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 MLG’s sole discretion. Any required Affidavits or other documents must be signed by parent/legal guardian of a minor in his/her state of residence.
4. Conditions.IN NO EVENT WILL MLG, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, DR PEPPER/SEVEN UP, INC. AND RELATED COMPANIES, ITS SPONSORS, ADVERTISING OR PROMOTION AGENCIES OR PARTNERS (INCLUDING DR PEPPER/SEVEN UP, INC.) 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 SWEEPSTAKES PRIZES, ARISING OUT OF ANY PARTICIPANT'S ACCESS TO AND USE OF THE UGH SITE OR MLG SITE OR PARTICIPATION IN THE SWEEPSTAKES OR (B) FOR ANY DAMAGES OF ANY KIND IN EXCESS OF ANY FEE PAID BY YOU (IF ANY) TO ENTER THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE UGH SITE OR MLG SITE AND IN CONNECTION WITH ANY SWEEPSTAKES 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.
5. 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; (vi) Sponsor shall have right to use, alter, adapt, assign, publish or dispose of Participant’s Video in any way in any media now known or hereinafter developed, without territory, time or other limitation, however it sees fit, including without limitation for advertising, publicity and promotion purposes, without compensation or approval of Participants. . 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.
6. Publicity.
By participating, all Participants and winner(s) grant MLG and Dr Pepper/Seven Up, Inc. permission to use their names, nick-names, gamer-tags, characters, photographs, voices, and likenesses in connection with promotion of this and other Sweepstakes, in perpetuity, throughout the world, and waive any claims to royalty, right, or remuneration for such use, except where prohibited.
7. Release.
By participating, each Participant and winner waives any and all claims of liability against the MLG, its parents, subsidiaries, affiliates, subsidiaries, suppliers, and related companies, its sponsors, adverting and promotion agencies and partners (including Dr Pepper/Seven Up, Inc.), 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 the Sweepstakes 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 MLG to partially or fully exercise any rights or the waiver by MLG of any breach of these Official Rules by you, shall not prevent a subsequent exercise of such right by MLG or be deemed a waiver by MLG of any subsequent breach by you of the same or any other term of these Official Rules. The rights and remedies of MLG 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.
8. Taxes.
Each winner is solely responsible for any and all applicable taxes. MLG is not responsible for any unspecified expenses which shall be the responsibility of winners. Any person winning over US$600 in prizes from MLG 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.
9. Conduct and Decisions.
By participating in the Sweepstakes, Participants agree to be bound by the decisions of MLG, Judges and MLG’ personnel. All decisions of the Sweepstakes organizers or of their representatives regarding this Sweepstakes are final and without appeal. Participants must conduct themselves in a reasonable manner, maintaining a friendly and polite demeanor to competitors, Sweepstakes officials, and to other Participants of the Sweepstakes. Participants who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. MLG will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the MLG's decisions concerning such disputes shall be final. If the conduct or outcome of the Sweepstakes is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the MLG, the Company reserves the right to terminate this Sweepstakes, or make such other decisions regarding the outcome as the MLG deems appropriate. MLG 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 UGH Site or MLG Site or the Sweepstakes; (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 MLG and are final. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS SWEEPSTAKES, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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.
10. Miscellaneous.
If for any reason, the Sweepstakes, in MLG'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 MLG which, in the MLG's sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, MLG reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and proceed in such a manner as may be deemed fair and equitable by MLG in its sole discretion.
11. Arbitration and Governing Law.
Any controversy, claim or dispute arising out of or relating to this Sweepstakes 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 MLG’s intellectual property or confidentiality rights, MLG may seek injunctive, monetary or other appropriate relief in any state or federal court in the state of New York (and MLG 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.
12. Use of Data.
MLG will be collecting personal data about Participants online, in accordance with its privacy policy. Please review the MLG’s privacy policy at http://www.mlgpro.com/?q=PrivacyPolicy/index. By participating in a Sweepstakes, Participants hereby agree to MLG’s collection and usage of their personal information and acknowledge that they have read and accepted MLG’s privacy policy.
13. 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 Sweepstakes by mail with a stamped, self-addressed return envelope with Sweepstakes name and addressed to: Major League Gaming Inc., 420 Lexington Ave, Suite 2820, New York, NY 10170.
SPONSOR: MAJOR LEAGUE GAMING INC., 420 LEXINGTON AVE., SUITE 2820, NEW YORK, NY 10170, USA.
Five lucky winners this year will receive a key to the Dr Pepper Ultimate Gaming House. make sure you check back throughout the season to register in each drawing and see if you're a winner!
