CHILD OF EDEN COMPETITION RULES

1.    Object

UBISOFT MARKETING INTERNATIONAL SARL, registered at the Bobigny Companies Register under no. 494 437 551, with its head office at 126 rue de Lagny, 93100 Montreuil-sous-Bois, France, (hereafter referred to as “UBISOFT” or the “Organising Company”), is organising a free competition with no obligation to purchase, relating to the CHILD OF EDEN video game (the “Game”) entitled CHILD OF EDEN (hereafter referred to as the “Contest”), available at: www.childofedengame.com (the “Site”) in accordance with the guidelines set out in these rules (hereafter referred to as the “Rules”).

2.    Conditions of Entry

            Participants: Entry into the Contest is open to any physical person residing in France (including Corsica and the French Overseas Departments and Territories), Spain, Italy, Germany, the UK, the Netherlands and Japan who has access to the Internet network. However, any individuals who have collaborated in the organisation of the Contest and any members of the UBISOFT personnel or of any company controlled by UBISOFT, that controls UBISOFT or which is jointly controlled with UBISOFT by another company and their families are excluded (same name and/or same postal address).

Minors over 13 years of age are allowed to participate provided they obtain the prior authorisation to do so from their parents (or legal guardian(s)). UBISOFT reserves the right at any time to request documentary evidence and to disqualify any participating minor who fails to provide such evidence immediately or within a reasonable time period which he/she has been granted. The disqualification of a minor who is a winner in the Contest and who therefore has a right to the prize described in article 6 of these Rules will result in the awarding of his/her prize to the participant who was ranked immediately after him/her.

Participation in this Contest is limited to one entry per person (same first and last name), regardless of the number of email addresses that person may have. In the case of multiple entries, in particular using different email addresses, the participant will be barred from the Contest.

Any entry in the Contest submitted by a participant not residing in one of the countries listed in article 2 will be disregarded and deemed null and void. Consequently, no participant residing outside these countries may be named a winner of the Contest.

An entry in the Contest will be disregarded and deemed null and void if it is incomplete, contains inaccurate, incorrect, falsified or counterfeit information, has been created in a manner that contravenes the conditions outlined in these Rules, has not be validated or is registered after the entry deadline or in any other form than that described above and the Organising Company shall not be held liable in this regard.

Nor can the Organising Company be held liable should certain entries fail to be registered or be impossible to verify.

The Organising Company reserves the right to take action, using any appropriate means, in particular in the criminal courts, against any attempt to subvert these Rules and, in particular, in the event of the communication of any incorrect information. The participant must assume full responsibility for his/her participation in this operation.

Participation in the Contest is considered an irrevocable acceptance of these Rules.

3.    Contest Details

3.1       Duration: The Contest will commence on 20 September at 12.00 midday and will end on 3 December at 11.59 pm Paris time (CET). The date and time of the receipt by UBISOFT of electronic responses (email) as recorded by the IT systems shall serve as proof.

3.2       Registration: To enter the Contest, participants must connect to the Site before the registration deadline for the event, and adhere to the guidelines indicated to register his/her entry correctly.

To enter the Contest and to therefore be admitted as a “Candidate”, the participant must satisfy the following conditions:

Entry into the Contest implies the irrevocable commitment to assign to UBISOFT, if selected as a winner, all the copyright rights to the artwork selected and in accordance with the format supplied by UBISOFT.

It is understood that any mode of participation other than via the Internet network is excluded. Consequently, any entry on paper, in any other form, by any other method or means other than those stated here, will not be considered.

3.3       Artwork/Content: Participation in the Contest implies that you declare and guarantee to UBISOFT that your artwork and any related content are original works that have been created by you and infringe neither the law, any third party rights (intellectual property rights, image rights, the right to a private life or any other rights) and are not contrary to good conduct and morals.

In particular, any artwork that could be considered defamatory, pornographic, obscene, vulgar, racist, inciting hatred, sexually explicit or violent will not be permitted, nor should it contain any references to alcohol, drugs, weapons, political messages or any products that are the competitors of UBISOFT computer games including, without limitation, the Game itself.

UBISOFT reserves the right at any time, not to display on, or to delete from the Site any artworks exhibiting any element(s) of the nature described above. UBISOFT also reserves the right to exclude from the Contest (and from any other Contest organised by UBISOFT) any participants who submit artwork exhibiting one or several of the above characteristics.

In general, UBISOFT reserves the right to delete from the Site at any time and for any reason whatsoever, any artworks submitted by the entrants.

The Contest will be available on the Site 24 hours a day, unless a technical problem occurs, or while maintenance operations on the Contest servers are being carried out.

3.4       Intellectual property: The participant authorises UBISOFT to display the artwork submitted and sent to UBISOFT free of charge on the gallery page of the Site.

4.    Nomination of the Winner

Nomination of the winners: The one hundred (100) winners of the Contest will be chosen by UBISOFT and the developer of the Game based on the quality, creativity and originality of the artwork/content submitted.

The winners’ names will be available on the Contest Site within forty five (45) working days of the closing date of the Contest. The winners will receive personal notification of their win within a reasonable period of the closing date of the Contest by email to the email address supplied when he/she entered the Contest. To win the prize, the winners must assign to UBISOFT all the rights of copyright to the artwork/content supplied and selected in the format indicated by UBISOFT.

No messages will be sent to participants who are not winners.

5.    The Award

For the winners:
Prize:
The incorporation of the participant's artwork/content into the Game in the Game environment known as ‘Child of Eden’.

Value of prizes: EUR 200 (two hundred euros) each

6.    Conditions of Awarding the Prize

Only one prize can be awarded to each winner. Before the winners receive their prizes, they must satisfy the conditions defined in the Rules and, in particular:
-      send a copy of a document stating their first and last names less than three months old providing proof of address to the address given by UBISOFT,
-      sign a release of rights form relating to the selected artwork to assign the rights to the artwork to UBISOFT, in a format communicated by UBISOFT.

The prize may give rise to neither any dispute on the part of the winner, nor to the provision of the exchange value of the prize in money, nor to a replacement or exchange for any other item whatsoever. However, should UBISOFT be unable to deliver the prize the participant has effectively won, UBISOFT reserves the right to replace the announced prize by a prize of equivalent value or one with similar characteristics. The winner agrees to claim no compensation whatsoever from UBISOFT for any damage arising from any harm or prejudice caused by the acceptance and/or use of the prize.

7.    Rules of the Contest

Entrants can consult the Rules on the Game-Contest page. The detailed Rules of the Game-Contest will be sent free of charge to any participant who requests them in writing from: UBISOFT MARKETING INTERNATIONAL SARL, 126 rue de Lagny, 93100 Montreuil-sous-Bois, France. The request should indicate the title of the Game-Contest, the name, the first name and the address of the person requesting the Rules. The postal charges for the request for the Rules will be reimbursed at the current second class tariff on request (one request per household, same name, same address). The request for a refund of the postal charges must be accompanied by proof of the relevant bank account or address details, and the refund will be made by bank transfer.

UBISOFT reserves the right, where circumstances require, to postpone, amend or cancel this Contest, to change the period of participation and, as a last resort, to swiftly resolve any issues that may arise during the course of the Contest. The liability of UBISOFT shall not be considered deficient if, for reasons outside UBISOFT's control, the commitments arising from these Rules cannot be honoured either in part or in whole.

8.    Protection of Personal Data

The recipient of the information contained in the Contest registration form is UBISOFT. UBISOFT informs participants that the personal data collected relating to the Contest are handled using an automated process and are stored in a computer file that UBISOFT reserves the right to use or to use for commercial purposes.

Should the participant win the Contest, he/she authorises UBISOFT, free of charge, to use his/her user name and image (as it appears in the winning video, as well as any image of the participant that has been otherwise made available to UBISOFT) for the purposes of information on the Contest and/or for the publication of the result, on any medium, along with his/her first and last name and email address that will be used to notify the participants of the results, and for a period of 6 months from the announcement of the winners. The first and last name and the email address of the participants will not be made public.

In accordance with the local laws relating to personal information in the participant's country of residence, the participant can request right of access to and correction of the computer file containing his/her personal data and may refuse any further use of his/her details for publicity or promotional purposes in writing to the following address: UBISOFT MARKETING INTERNATIONAL SARL, “CHILD OF EDEN Contest”, 126 rue de Lagny, 93100 Montreuil-sous-Bois, France.

9.    Refund of Connection Costs

The costs of connecting to the Internet will be refunded upon request from any participant in accordance with the conditions below, along with the postage costs for such request. This request must be sent by post only, and no later than seventy-two (72) hours following the participant's date of entering the Contest, with the postmark as evidence of the date, to the following address: UBISOFT MARKETING INTERNATIONAL SARL, Contest “CHILD OF EDEN Contest”, 126 rue de Lagny, 93100 Montreuil-sous-Bois, France.

To be considered, the request must be written on a blank sheet of paper, stating the title of the Contest, the first and last name of the participant, his/her email address and his/her postal address and the date and time of the connection. The request for a refund will be made by cheque only. The refund of the postal costs will be made based on the current second class “letter” tariff.

Only one refund may be made per household (same name, same address) for the entire duration of the Contest. Any requests that contain incomplete, crossed out or illegible details will not be processed, and UBISOFT cannot be held liable for failing to process such request.

The connection and postage costs for such request will be refunded as follows:

- for Internet connection costs: refund on the basis of five (5) minutes, of which the first minute will be indivisible and costed at 0.12 Euros, thereafter each additional minute costed at 0.02 Euros, or five (5) minutes at 0.20 Euros.

It is agreed that any access to the Contest carried out on an unlimited fixed rate tariff (cable, ADSL, etc.) cannot be subject to a refund, as subscription to the Internet has been made by the user for his/her general use and the ease of such connection and access to the Contest does not incur any extra cost.

Documentary evidence must accompany the request for reimbursement stating that the participant does not have a fixed rate subscription which allows him unlimited Internet connection for the duration of the Contest.

- for postage costs: refund on the basis of the current second class “letter” tariff.

The refund will be sent within approximately four (4) weeks from receipt of the request by UBISOFT.

10.  Limitation of Liability of Ubisoft

Participation in the Contest implies the awareness and acceptance of the characteristics and limitations of the Internet, notably regarding technical performance, response times required to find out, ask for or transfer information, risk of disruption and, more generally, the inherent risks of any connection and transfer via the Internet, the lack of protection of certain information against any potential misuse and the risks of infection by viruses that may be circulating in the network.

Consequently, under no circumstances may UBISOFT be held liable for any of the eventualities listed below (this list is not exhaustive):

11.  Applicable Law and Competent Courts

The Contest is governed by French law and will be subject to the competent courts in France and in accordance with the provisions of the French “New Code of Civil Procedure”. Furthermore, entry into the Contest implies the full and unreserved acceptance of these Rules in their entirety, the rules of ethics and etiquette in force on the Internet, and any other laws, rulings and legal notices that are applicable in France.