Rules

DR PEPPER ULTIMATE GAMING HOUSE - EPISODE 4 CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY

VOID WHERE PROHIBITED

By participating in this Dr Pepper Ultimate Gaming House -- Episode 4 Contest (the "Contest), each participant ("Participant" or "you") agrees to abide by these Official Rules.

1. Contest Description/Timing: Major League Gaming Inc. ("MLG") will conduct a video contest, whereby 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 or make-over and an explanation of why he/she deserves a an upgraded or make-over game room (a "Video"). Videos must be submitted (i.e., uploaded) online via the Contest submission page (located at http:// mlgpro.com/ugh). Each Video must be no more than ninety (90) seconds in length. Videos must not contain obscene or pornographic material, contain defamatory or libelous statements, invade privacy rights, infringe any third party right, 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 MLG in its sole discretion, to be inappropriate will be disqualified. Participants must submit Videos during the period beginning on July 2, 2009, and ending on September 8, 2009 at 12:00pm ET. Videos submitted during the submission period for the Dr Pepper Ultimate Gaming House - Episode 1 Contest (February 12, 2009 to February 27, 2009) and Episode 2 Contest ( March 9, 2009 to April 8 2009) and Episode 3 Contest (April 20 to June 30) will be eligible automatically in this Contest. The Contest judges (the "Judges"), who will be comprised of a panel of MLG staff members, will select the winning Videos. MLG will contact the winners on or about September 15, 2009, via email or phone. The winners must keep confidential and not disclose to any third party the fact that they have won until the day the winning Video debuts at an MLG Pro Circuit event or such other time as MLG may designate. The 1st prize winner must be available from September 25, 2009, to October 11, 2009, and provide MLG with access to his/her house during such time for at least two (2) full days (the "2 Days'). During the 2 Days, MLG will make-over the 1st prize winner's game room and shoot video related thereto and related to this Contest and the 1st prize winner. The 1st prize winner agrees that he/she will leave his/her house during such 2 Days (for a maximum of 10 hours per day) when MLG does the make-over to his/her game room.

Judging: 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 and/or make-over. Entries will be judged by a panel of MLG staff members. 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.

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.

2. Eligibility and Limitations. All Participants must be legal residents of the United States and at least 16 years old as of date of entry. Children under 16 are not permitted to register for this Contest. Void where prohibited. Void in Puerto Rico and where prohibited. Employees of MLG, Dr Pepper/Seven Up, Inc., 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.

3. Prize(s). One (1) 1st prize will be awarded to the winner of the Contest. Such 1st prize winner will receive a make-over of his or her game room valued at approximately Five Thousand Dollars ($5,000). Such 1st prize may include furniture, TV and/or gaming equipment, depending on what the room needs (as determined by MLG in its sole discretion) for the make-over (total approximate retail value: US$5,000). Any expense or item not specifically listed is the responsibility of the winner. Exact value may vary depending upon what is actually provided in the game room make-over, but will be valued at a minimum of $5,000.
Five (5) runner-up prizes will be awarded to five (5) runner-up winners of the Contest. Each runner-up winner will receive MLG and Dr Pepper products (as determined by MLG in its sole discretion) valued at approximately Fifty Dollars ($50) each. Exact value may vary depending upon what prizes are actually provided, but will be valued at a minimum of $50.

3A. Video Ownership. By participating and submitting any Videos for this Contest, each Participant agrees that MLG will solely own and control all rights in the Videos submitted to MLG hereunder (including the copyright therein and all extensions, renewals and derivative works thereof) in perpetuity, throughout the universe in all media now known or hereafter developed, in any and all languages and versions, with the right to use and change the Videos in any manner that MLG may determine. Participants acknowledge and agree that all concepts, ideas and materials created by Participants in connection with the Videos (collectively, "Materials"), are "works made for hire" under copyright law and all rights therein, including copyright, trademark, patent, or other rights (collectively the "Rights") are MLG's property. The Rights include the right to own and register all copyrights in all such materials in MLG's or its designee's name. In the event that any such Materials created by Participants are determined not to be a " work made for hire" for any reason, Participants hereby irrevocably assigns all Rights therein to MLG, and Participants agree to execute such additional documents consistent herewith as may be reasonably requested by MLG after reasonable opportunity to review and negotiate in good faith to evidence MLG's ownership of the Rights. Participants hereby waives any "moral rights" claims Participants may have with respect to any Materials created by Participants. In the event that any Materials created by Participants while performing the Services are not copyrightable, Participants hereby irrevocably assign any and all ownership Rights in and to such Materials to MLG. MLG shall have the irrevocable right to use and exploit the Materials, in whole or in part, in any manner and in any and all media, whether now known or hereafter devised in perpetuity throughout the world in MLG's sole discretion, with no compensation due to Participants.

4. Conditions. MLG is not responsible for any incorrect or inaccurate information, whether caused by users of the MLG Site or by any of the equipment or programming associated with or utilized on the MLG Site or in the Contest or by any technical or human error, which may occur in the processing of registrations, entries into the Contest, or otherwise in connection with the Contest including, without limitation, any technical limitation or other event that results in the disqualification or loss of ranking status of any Participant in the Contest. MLG assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure relating to the MLG Site or the Contest, or for any theft or destruction of or unauthorized access to, or alteration of, any registration materials or entries. MLG 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 MLG Site or the Contest, including, without limitation, any technical limitation or other event that results in the disqualification of any user in the Contest. MLG 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 MLG Site or in connection with the 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, the Contest, 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 Contest, MLG 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 MLG in its sole discretion.

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 CONTEST PRIZES, ARISING OUT OF ANY PARTICIPANT'S ACCESS TO AND USE OF THE GAMEROON SITE OR MLG SITE OR PARTICIPATION IN THE CONTEST OR (B) FOR ANY DAMAGES OF ANY KIND IN EXCESS OF ANY FEE PAID BY YOU (IF ANY) TO ENTER THE CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE MLG 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.

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 MLG 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 Contest, 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 Contest, Participant's Video 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.

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 Contest, Participants agree to be bound by the decisions of MLG, Judges and MLG' 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. MLG will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the MLG'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 MLG, the Company reserves the right to terminate this Contest, 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 MLG Site or the 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 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 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.

10. Miscellaneous. If for any reason, the Contest, 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 Contest, MLG 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 MLG in its sole discretion.

11. 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 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 Contest, 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 Contest by mail with a stamped, self-addressed return envelope with Contest name and addressed to: Major League Gaming Inc., 420 Lexington Ave, Suite 2820, New York, NY 10170.

CONTEST OPERATOR: MAJOR LEAGUE GAMING INC., 420 LEXINGTON AVE., SUITE 2820, NEW YORK, NY 10170, USA.