RIOT GAMES, INC.
THE GINGERBREAD CONTEST
NO PURCHASE OR FEE NECESSARY TO ENTER OR WIN. YOU HAVE NOT YET WON. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS IS A GAME OF SKILL, NOT CHANCE.
1. Eligibility. RIOT GAMES, INC., A DELAWARE CORPORATION (“SPONSOR”) IS THE SPONSOR OF THIS CONTEST (“CONTEST”).
THIS CONTEST IS OPEN ONLY TO CURRENT VALID MEMBERS OF LEAGUEOFLEGENDS.COM AND/OR ITS RELATED LOCAL SITES (THE “SITE”) WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER AT TIME OF ENTRY AND WHO ARE LEGAL RESIDENTS OF A COUNTRY OR TERRITORY WHERE THIS OFFER IS NOT VOID (“ENTRANTS”). THIS CONTEST IS VOID IN CUBA, IRAN AND IRAQ AND IN ANY NATION OR LOCALE WHERE PROHIBITED BY RELEVANT LAW OR BY U.S. TRADE RESTRICTIONS. THIS CONTEST IS VOID AS TO ANY INDIVIDUAL WITH WHOM U.S. TRADE IS PROHIBITED OR RESTRICTED. VOID WHERE PROHIBITED.
For potential winners under the legal age of majority in their respective country or locale of residence, the winner’s parent or legal guardian must agree in writing (electronically or otherwise) individually and on behalf of the minor winner to be bound by the terms of these Official Rules as well as comply with all other required terms and conditions.
2. Disclaimer. Sponsor, all other 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; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Sponsor; or (d) any printing or typographical errors in any materials associated with the Contest, for reasons beyond Sponsor’s control.
3. Contest Period. The Contest shall commence on 12/13/2012 at 12:01 AM Pacific Time (“PT”) (the “Commencement Date”), and shall continue in duration until 1/3/2013 at 11:59 PM PT (the “Deadline”). Entries received after the Deadline are not eligible to win. Sponsor or Sponsor’s designee shall be the sole determiner of all contest-related dates and time periods.
4. Entry in the Contest. Beginning on the Commencement Date, the Entrant may enter the Contest by submitting to http://woobox.com/xa4sv3. The attached contest submission must address the requirements set out in the online Contest notification. The attachment must be a high resolution photo or other digital image file in one of the following formats: JPG, BMP, GIF, or PNG. THE EMAIL MUST INCLUDE YOUR NAME AND YOUR LEAGUEOFLEGEND.COM’S ACCOUNT IN-GAME USER NAME (i.e., “SUMMONER” NAME) AND ASSOCIATED SERVER REGION (e.g., NA/EUW/EUNE/KR/TR/BRA, etc.).
5. Grant of Rights in Entry.
Each Entrant shall retain its ownership interest and applicable intellectual property rights in and to its Entry. However, in consideration for the opportunities provided herein, each Entrant (or, in the event the Entrant is a minor, the Entrant’s respective parent or legal guardian) hereby grants Sponsor, and its agents, affiliates, successors, and assigns, a perpetual, irrevocable, universal, non-exclusive (except for Entrant’s personal use, including Entrant’s use on the Site), fully-paid and royalty-free, sub-licensable and transferable license to use, distribute, and commercially exploit the Entry in any manner and for any purposes in connection to the Contest and the Sponsor’s advertising and marketing endeavors as further explained below. Each Entry is, and will be treated as, non-confidential and non-proprietary. Sponsor retains the right to edit all Entries in any manner and for any purpose, but is under no obligation to do so. Each Entrant hereby represents and warrants that it owns the Entry (and the content therein) submitted by it, or that it otherwise has the right to grant use thereof as set forth in this section, and that the posting and or subsequent commercial use of said Entry does not violate the privacy rights, publicity rights, copyright, trademark rights, contract rights, publishing rights, or any other rights of any person or entity. Sponsor reserves the right, but not the obligation, to use the Entry for any purpose, including, but not limited to, posting, commercial sales, reproduction, disclosure, advertising and promotional activities, distribution, transmission, publication, and broadcast. Sponsor reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Entry for any purpose, including, but not limited to, developing and marketing products and/or services using such information, and each Entrant acknowledges and understands there shall be no further payment, consideration, royalties or other compensation from Sponsor, its agents, affiliates or assigns for any use of said Entry or the content therein pursuant to this Grant of Rights. Entrant agrees to take, at Sponsor’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor’s rights as set forth above in this paragraph. In the event that the rights in and to the Entry cannot be licensed to the extent required by this paragraph pursuant to the local law in which the Entrant resides, the foregoing licensing of rights shall be modified to the extent necessary to comply with such local law while giving Sponsor the maximum rights possible to use and exploit the Entry. Further, each Entrant and its respective heirs, hereby indemnify, discharge, release, and hold Sponsor, and any applicable co-sponsor together with their respective parents, agents, affiliates, successors and assigns and their respective directors, members, shareholders, officers, employees, agents and representatives (all of the foregoing, collectively, the “Released Parties”), harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection with the Entry. In the event an Entry is deemed a prize winner of this Contest, the Entrant further agrees that it shall not seek to market, distribute, sell, sublicense, or otherwise commercially exploit the Entry in any form or manner without the express prior written permission of the Sponsor.
IF YOU DO NOT AGREE TO THE TERMS WITH RESPECT TO THIS GRANT OF RIGHTS IN THE ENTRY, DO NOT ENTER THE CONTEST.
Grand Prize. 5* *winning Entries shall be awarded one Teemo Hat, one Malzahar hooded sweatshirt, one Blitzcrank hooded sweatshirt, and the following holiday-themed skins in League of Legends: Snow Bunny Nidalee, Happy Elf Teemo, Workshop Nunu, Old St. Zilean, Earnest Elf Tristana, Santa Gragas, Reindeer Kog’Maw, Silent Night Sona, Nutcracko, Re-Gifted Amumu, Ragdoll Poppy, Candy Cane Miss Fortune, Festive Maokai, Snowmerdinger, Mistletoe LeBlanc, Toy Soldier Gangplank, Slay Belle Katarina, Bad Santa Veigar, Snow Day Ziggs, Dark Candy Fiddlesticks. The approximate retail value (“ARV”) is $280.00 USD.
Community Choice. 5* *winning Entries shall be awarded one Teemo Hat, one Malzahar hooded sweatshirt, one Blitzcrank hooded sweatshirt, and the following holiday-themed skins in League of Legends: Snow Bunny Nidalee, Happy Elf Teemo, Workshop Nunu, Old St. Zilean, Earnest Elf Tristana, Santa Gragas, Reindeer Kog’Maw, Silent Night Sona, Nutcracko, Re-Gifted Amumu, Ragdoll Poppy, Candy Cane Miss Fortune, Festive Maokai, Snowmerdinger, Mistletoe LeBlanc, Toy Soldier Gangplank, Slay Belle Katarina, Bad Santa Veigar, Snow Day Ziggs, Dark Candy Fiddlesticks. The approximate retail value (“ARV”) is $280.00 USD.
Third Place. 20 *winning Entries *shall receive one Teemo hat and the following holiday-themed skins in League of Legends: Slay Belle Katarina, Bad Santa Veigar, Snow Day Ziggs, Dark Candy Fiddlesticks. The approximate retail value (“ARV”) is $60.00 USD.
The total ARV of all prizes awarded in this Contest is $4000.00 USD. Odds of winning depend on the number of eligible Entries received.
ALL FEDERAL, NATIONAL, STATE, PROVINCIAL AND/OR LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. All prizes will be awarded provided there are sufficient qualified Entries. Prizes returned as undeliverable, for reasons beyond the Sponsor’s control, or otherwise not claimed within fifteen (15) days after delivery of notification will be forfeited and awarded to an alternate winner. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted; provided, however, that Sponsor reserves the right to substitute a prize of equal or greater value for any prize in its sole discretion. Limit one prize per household or address. All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.
6. Judging. Sponsor, in its sole discretion, shall choose all prize winners except the Summoner’s Choice prize winner from all eligible entries. Winners shall be chosen by Sponsor based upon the following criteria: (i) originality; (ii) creativity; and (iii) visual appeal, with equal weight being given to each criterion. Applying the same criteria, Sponsor shall then select a small pool from the remaining Entrants that will be eligible for Summoner’s Choice, and those entries will be displayed from approximately 1/3/2012 to 1/12/2012 for online voting, with voters asked to apply the following criteria in making their selections: (i) originality; (ii) creativity; and (iii) visual appeal, with equal weight being given to each criterion. The prize of Summoner’s Choice will be given to that Entrant who received the highest number of votes from Sponsor’s online community. Limit one vote per Summoner. Attempts to solicit or cast more than one vote per Summoner will result in disqualification or other remedy as equitably chosen by Sponsor in its sole discretion. Potential winners will be notified by e-mail (or any other appropriate method) immediately after determination by Sponsor. To claim a prize, potential winner (and parent or legal guardian if winner is under the age of legal majority) must follow the instructions contained in the notification, which may include, at Sponsor’s discretion and whether in one document or multiple, (i) a winner’s affidavit verifying identity, eligibility, and acceptance of all rules; (ii) a grant of rights consistent with the provisions of these Official Rules; (iii) a liability release, and/or (iv) a publicity release (collectively the “Documents”). The designated Documents must be completed and submitted by 1/12/2012 or the prize will be forfeited and an alternate winner chosen, time and circumstances permitting. Sponsor reserves the right in all cases to withhold prize award until the potential winner’s identity and eligibility are established to Sponsor’s reasonable satisfaction. The decisions of Sponsors on all matters are final.
7. Sponsor Use of Entrants’ Names and Likenesses. By entering the Contest, each Entrant (and, as applicable each parent or legal guardian of a minor Entrant; for purposes of Section 7 and 8 below, “Entrant” shall be deemed to also include such parties*)* agrees that Sponsor and its successors, affiliates, agents and assigns, may use, edit, alter, (unless prohibited by law) Entrant’s name, likenesses, images, photographs, voice, signature, city/nation/state/province of residence, biographical information and prizes for advertising, trade and promotion in any media or format now or hereafter known, including, but not limited to, on the Internet, social media applications, or via wireless application protocol, without further compensation, permission or notification, except where prohibited by law. By entering, Entrant also consents to the collection and/or retention of the foregoing Entrant-provided information by Sponsor. Each Entrant specifically understands and acknowledges that Entrant’s Entry may be placed by Sponsor on the internet for worldwide viewing.
8. Acceptance of Rules; General Release. By entering the Contest, each respective Entrant agrees to be bound by these Official Rules and by the decisions of the Sponsor, which shall be final for all purposes hereunder. Each Entrant further hereby releases, discharges, indemnifies, and holds the Released Parties harmless from any liability whatsoever, and waives any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, notification errors, acceptance, possession, use of or inability to use 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. By expressly waiving claims resulting from negligence by the Sponsor, Entrant does not waive claims resulting from the Sponsor’s intentional or reckless acts if as a matter of law or public policy in the relevant jurisdiction such claims cannot be waived. Entrant further agrees that if any portion of this paragraph or these Official Rules is held invalid, the balance shall, notwithstanding, continue in full legal force and effect. Without limiting the foregoing, each Entrant hereby specifically waives application of California Civil Code Section 1542 which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Entrant expressly waives the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waive any right to invoke said provisions now or in the future with regard to the Contest. Entrants and the winner further acknowledge and agree that this waiver is an essential and material term of these Official Rules and the Contest.
9. General Entry Rules: Any individual or Entrant who attempts or otherwise encourages, directly or indirectly, entry or voting under multiple identities, or any software program or uses any other device, method, or artifice to enter or vote or encourage, directly or indirectly, false Entries or votes as determined by the Sponsor, will be disqualified. Sponsor, at its sole discretion, reserves the right to review and investigate all Entries and votes and to take any and all measures it deems necessary to ensure a fair Contest. Mutilated, lost, illegible, corrupted, or incomplete Entries or votes will be deemed ineligible, disqualified and void.
Sponsor, together with its parent, subsidiaries and affiliates, advertising and promotion agencies, suppliers (including all prize providers), printers, and distributors, and the respective directors, members, shareholders, officers, employees, representatives and agents of each and any other person or entity related in any way to this Contest are not responsible for (i) late, lost, incomplete, misdirected, or damaged Entries; (ii) technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections; or (iii) failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to participate; (iv) any human error that may occur in winner notification or other Contest-related communications, or the processing, review, or tabulation of the Entries in this Contest; or (v) any printing errors in these Official Rules. If by reason of a printing, transmission or other error, more prizes are claimed or announced than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. In no event will more than the advertised number of prizes will be awarded.
If any factor (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause) corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, or this Contest is otherwise not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Contest or these Official Rules, and/or select the winners from the Entries received prior to the implementation of the disruptive action, or as otherwise deemed fair and appropriate by Sponsor. SPONSOR RESERVES THE RIGHT TO PROSECUTE ANY FRAUDULENT ENTRIES AND ENTRANTS TO THE FULLEST EXTENT OF THE LAW. At Sponsor’s sole discretion, Entrant and winners who do not comply with these Official Rules or otherwise attempt to interfere with this Contest in any way may be disqualified.
ALL DECISIONS BY SPONSOR ARE FINAL. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, DO NOT ENTER THE CONTEST.
10. Winners List. For winners, see www.leagueoflegends.com
11. Copyright Notice. The Contest and all accompanying materials are copyright ©  Riot Games, Inc., and its licensors. All rights reserved.
12. Governing Law and Jurisdiction. By entering or participating, you agree that the laws of the United States of America and the laws of the State of California, without regard to the principles of conflict of laws, will govern the Contest and these Official Rules. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Los Angeles County, California, and the related appellate courts, in any related action or proceeding. As a condition of participating in the Contest, you agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Official Rules shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages (including reasonably attorneys’ fees), other than your actual out-of-pocket expenses (i.e. costs associated with entering this Contest) and you further waive all rights to have damages multiplied or increased.
13. Miscellaneous. . If you have any questions about these Official Rules or the Contest, please e-mail them to [email@example.com] or send written questions to Riot Games, Inc., “Gingerbread Contest” c/o Riot Games, Inc., 10736 Jefferson Blvd. #622, Culver City, CA 90230. Sponsor reserves the right to post the question and answer for all to see.
14. Digital Millennium Copyright Act. Pursuant to the U.S. Digital Millennium Copyright Act (or any comparable law elsewhere, as applicable), if an individual or an entity has a good faith belief that an Entry submitted by an Entrant infringes upon any third party copyright, please notify us by mail at Sponsors address below, attention Copyright Department, or by email at firstname.lastname@example.org with the subject line stating “Copyright.” The DMCA notice MUST include the following: (i) describe the alleged infringement in detail; (ii) the copyright owner or who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) any DMCA notice must also contain the following statement:
“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”
15. Contest Sponsor. The sponsor of the Contest is Riot Games, Inc., 10736 Jefferson Blvd. #622, Culver City, CA 90230 USA.