OFFICIAL CONTEST RULES
A. ELIGIBILITY
NO PURCHASE NECESSARY TO ENTER OR WIN. CONTEST OPEN TO LEGAL RESIDENTS OF THE U.S., CANADA (excluding Quebec) AND MEXICO OVER THE AGE OF 13. IF YOU ARE NOT A RESIDENT OF THESE AREAS, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND SQUARE ENIX RESERVES THE RIGHT NOT TO AWARD PRIZES TO CONTESTANTS WHO RESIDE IN OTHER JURISDICTIONS. If you are under the legal age of majority in your state of residence (a "Minor"), your parents or legal guardians must read, understand, and agree to these Contest rules. To be eligible to win a prize, entries must be completed and received by Square Enix in the format designated below. Directors, officers, and employees of Square Enix any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate family members of each are not eligible to win any prizes. All applicable federal, state, and local laws and regulations apply. Offer void where prohibited.
B. CONTEST PERIOD
The Contest period is from May 9, 2012 to June 11, 2012 at 11:59 pm. (Pacific Time) (the "Deadline"). All entries must be received by the Deadline to be eligible to win a prize. Square Enix at its discretion, may determine the valid and official entry time, should any discrepancies of time occur.
C. PRIZES
Eligible contestants will be eligible to win the prizes described in the summary above.
Odds of winning a prize depend on the number of eligible entries received. ALL FEDERAL, STATE, AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. Winners will be announced on or about June 24, 2012. Prizes will be awarded after winners are announced. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Square Enix reserves the right to substitute a prize of equal or greater value for any prize listed in the table above. Prizes won by a Minor (as determined by the laws of the contestant's state of residence) will be awarded to a parent or legal guardian on the Minor's behalf. Actual retail value of prizes may vary due to market conditions at the time prizes are awarded. All prizes are awarded "AS IS" and WITHOUT ANY WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.
IN NO EVENT WILL THE CONTEST WINNERS BE ENTITLED TO ANY FEE, ROYALTY, OR OTHER COMPENSATION OF ANY KIND AS A RESULT OF THE CONTEST. BY ENTERING, EACH CONTESTANT (AND, IF A MINOR, HIS OR HER PARENT OR LEGAL GUARDIAN) IRREVOCABLY WAIVES ANY RIGHT TO COMPENSATION FOR SQUARE ENIX'S USE OF SUCH CONTESTANT'S ENTRY MATERIALS (AS DEFINED BELOW) IN ACCORDANCE WITH THESE RULES.
D. SQUARE ENIX OWNERSHIP OF ENTRIES
All entries and other materials (the "Entry Materials") (including all copyright, trademark, and other proprietary rights associated therewith) submitted by you become the property of Square Enix upon submission, and Entry Materials will not be returned to any contestant. Without limiting the generality of the foregoing, you acknowledge that Square Enix will own all rights to use, modify, and make derivative works of the Entry Materials, without separate compensation to you or any other person or entity. You agree to take, at Square Enix's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Square Enix to effect, perfect, or confirm Square Enix's ownership rights as set forth above in this paragraph. Entry Materials may be used by contestants only for purposes of the Contest or for private, personal, non-public viewing. Entry materials received by Square Enix may be destroyed by Square Enix at any time following the Contest.
E. ORIGINAL WORK OF AUTHORSHIP
You hereby warrant and represent that (a) as between you and parties other than Square Enix, you own all rights to all Entry Materials submitted by you; and (
other than the fact that all intellectual property embodied in and related to the FINAL FANTASY XI game, including all copyrighted works and trademarks and derivative works thereof, are the exclusive property of Square Enix, all such Entry Materials are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate, or infringe any copyright, trademark, or other proprietary right of any other person or entity.
F. GENERAL RELEASE
By entering the Contest, you (and, if you are a Minor, your parents or legal guardians) release Square Enix, other participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees, and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or acceptance, possession, or use of any prize (including, without limitation, claims, costs, injuries, losses, and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty, or other theory. IF YOU ARE A MINOR, YOUR PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO INDEMNIFY EACH OF THE RELEASED PARTIES FROM ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH THAT MAY BE SUFFERED BY YOU.
G. SELECTION OF PRIZE
Actual model, color, accessories, and features of the gaming-related merchandise awarded as prizes shall be selected by Square Enix, at their discretion and may vary from photos or images shown in the Contest materials and advertising including the FINAL FANTASY XI web site.
H. USE OF WINNER'S NAME, LIKENESS, ETC.
Except where prohibited by law, entry into the contest constitutes permission to use the winners' names, addresses, likenesses, and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winners may be required to execute consent to the use of their name, address, likeness, and/or prize information, without limitation, for promotional purposes without further permission or compensation. Each Winner acknowledges that the products related to, and the trademark rights in, the SQUARE ENIX® and Final Fantasy XI marks are exclusive to Sponsor or its licensors and include, but are not limited to, the rights to use, reproduce, sell, distribute, broadcast, display, and make derivative works of FINAL FANTASY XI, without compensation to the Winner.
I. AFFIDAVIT & RELEASE
As a condition of being awarded any prize, winners (and if winner is a Minor, winner's parent or legal guardian) may be required to execute and deliver to Square Enix a signed Affidavit of Eligibility and acceptance of these Official Contest Rules and release of liability.
J. WINNERS LIST; RULES REQUEST
For a copy of the winners list, send a stamped, self addressed, business size envelope after June 24, 2012 and before July 15, 2012 to Square Enix at the address listed below (Attention: FINAL FANTASY XI 10th Anniversary Fan Art Contest 2012 Winners List). To obtain a copy of these rules, send a stamped, self addressed business size envelope to Square Enix at the address listed below (Attention: FINAL FANTASY XI 10th Anniversary Fan Art Photo Contest Rules Request). Residents of the states of Washington and Vermont may omit return postage.
K. COPYRIGHT NOTICE
The Contest and all accompanying Contest materials are Copyright © 2012 by Square Enix, Inc. All Rights Reserved.
L. MISCELLANEOUS
The Contest and these Official Contest Rules will be governed, construed, and interpreted under the laws of the United States. Contestants agree to be bound by these Official Contest Rules and by the decisions of Square Enix, which are final and binding in all respects. Square Enix reserves the right to change these Official Contest Rules at any time, at their discretion, and to suspend or cancel the Contest or any contestant's participation in the Contest should viruses, bugs, unauthorized human intervention, or other causes beyond Square Enix's control affect the administration, security, or proper play of the Contest or Square Enix otherwise become, as determined at their discretion, incapable of running the Contest as planned. Contestants who violate these Official Contest Rules, tamper with the operation of the Contest, or engage in any conduct that is detrimental or unfair to Square Enix, the Contest, or any other contestant, in each case as determined in Square Enix's discretion, are subject to disqualification from entry into the Contest. Square Enix reserves the right to disqualify persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. If you have any questions about these Official Contest Rules or the Contest, please send written questions to Square Enix at the address set forth below.
M. FORCE MAJEURE
Square Enix reserves the right to change, suspend, or cancel the contest if, in Square Enix's discretion, intervening circumstances warrant such change, suspension, or cancellation. Intervening circumstances include, but are not limited to, strikes, labor disputes, war, insurrections, revolutions, terrorism, riots or other civil disturbances, earthquakes, fires, floods, or other natural disasters, governmental restrictions, embargoes or other exercises of governmental authority, unavailability of supplies, components, or material, or any other cause beyond Square Enix's control.
N. DISCLAIMER
Square Enix, all participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees, and agencies will not be responsible for: (a) any late, lost, misrouted, garbled, or distorted or damaged transmissions or entries; (
telephone, electronic, hardware, software, network, Internet, or other computer or communications related malfunctions or failures; © any Contest disruptions, injuries, losses, or damages caused by events beyond the control of Square Enix or other participating sponsors; or (d) any printing or typographical errors in any materials associated with the Contest.
O. CONTEST SPONSOR
The sponsor of the Contest is Square Enix, Inc. Square Enix is a leading developer and publisher of digital entertainment content. Correspondence regarding the Contest or these Official Contest Rules may be directed to the following address:
Square Enix, Inc.
Attention: FINAL FANTASY XI 10th Anniversary Fan Art Contest 2012
999 North Sepulveda Blvd., Third Floor
El Segundo, California 90245
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