UBISOFT, Inc., a California corporation whose business address is 625 Third Street, San Francisco, CA 94107, USA (hereinafter referred to as “UBISOFT”), is organizing a game competition entitled “CHILD OF EDEN”, exclusively on the internet accessible at the following address: www.childofedengame.com.
“Competition”: signifies the competition organized by UBISOFT to coincide with the “CHILD OF EDEN” video game.
“Video Game”: signifies the game entitled CHILD OF EDEN (working title), developed, published and/or distributed by UBISOFT and belonging to UBISOFT.
“Competition Page”: signifies the Competition’s Internet page on the site managed by UBISOFT www.childofedengame.com. Here the player can find various details (information, rules, etc.) and can take part in the Competition.
The Competition consists of fans submitting an artwork or another content related to and inspired from the Video Game on the Competition Page.
The Competition starts on September 20th 12:01am and ends on November 20th 11:59pm, (Pacific Standard Time).
The Competition site will go online at the start of the Competition and will remain accessible at least throughout the duration of the Competition; provided, however, UBISOFT has the right to cancel, terminate or modify this Competition if it is not capable of completion as planned due to infection by computer virus, bugs tampering, unauthorized intervention or technical failures of any sort. Further, UBISOFT assumes no responsibility if, for any reason, the Competition Page cannot be viewed or is not capable of running as planned. UBISOFT is not responsible for late, lost, incomplete, or misdirected entries; computer system, phone line, electronic equipment, computer hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature or for problems downloading entries from the Competition Page or for any other technical problems related thereto. UBISOFT is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Competition, or by any technical or human error which may occur in the processing of the entries in the Competition. UBISOFT, in its sole discretion, reserves the right to disqualify any person who tampers with entry process, or who is otherwise in violation of these rules.
The Territory covered by the present Regulations comprises the United States and Canada (excluding New York, Florida, Rhode Island, Puerto Rico, Vermont, Connecticut, Iowa, North Dakota, Tennessee, Maryland, Arizona, Guma, U.S. Virgin Islands, and Québec, and any other jurisdiction where such Competition would be prohibited by law).
Participation in this Competition is open to any natural person and residing in the Territory who has an existing Internet connection, and an email address.
Employees of UBISOFT and their respective agents, affiliates, subsidiaries and parent companies, sales representatives, marketing affiliates and partners, distributors, advertising and promotion agencies and members of the immediate families or household of each, in addition to persons who collaborated in the organization of the Competition, are not eligible to participate in the Competition.
Canadian resident winners will have to answer an unaided, time-limited math skill-testing question as a condition to receiving a prize. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Minors over the age of 13 may participate if they were given the prior authorization to do so by their parents (or any other person exercising parental authority). UBISOFT may ask, at any time, a written justification, verify the authorization and disqualify any minor who doesn’t give this information in a given reasonable delay. The disqualification of a player, who was listed as a winner of the Competition, and therefore was eligible for one the Prizes described in section 7, will lead to a new grading of the players.
By participating in the Competition each contestant accepts, without reservation, the present Regulations in their entirety, rules pertaining to the current Internet code of ethics, as well as laws, regulations and other legislation applicable in the Territory. American participants accept that the Competition is governed exclusively by United States law, and Canadian participants accept that the Competition is governed exclusively by Canadian law.
To take part in the Competition, the participant must:
By agreeing to the regulations UBISOFT will own all rights to the participant’s content and worldwide use on any media (including without limitation Internet) at their chosen discretion, and entrant hereby accepts to execute an assignment of copyright in a form reasonably acceptable to UBISOFT evidencing the foregoing transfer at any time upon UBISOFT's request.
All entries must comply with the following:
Each content must be suitable for display and publication, in all forms of media, including but not limited to the internet, print, radio, and network, cable or satellite television broadcast. Contents must not be obscene or indecent, nor contain any offensive or defamatory statements. Contents must not promote (i) alcohol, illegal drugs, tobacco, weapons, (ii) unsafe or dangerous activities, or (iii) any particular political agenda or message.
UBISOFT reserves the right to make determinations of suitability in its sole and absolute discretion, and to disqualify any entries it determines to be inappropriate for any of the reasons listed above, or for any other reason.
Each player’s entry date for the Competition will be the date on which the video was successfully submitted and approved by UBISOFT.
UBISOFT will designate up to one hundred (100) winners, depending on the quality, creativity and originality of the visual/content submitted.
The names of the winners will be listed on the Competition Page within ten (10) business days from the end of the Competition, and winners will be informed personally on or reasonably after such date by e-mail, using the e-mail address provided when such player registered on the Competition Page. In the event of a dispute regarding the identity of the person submitting a content, the content will be deemed to be submitted by the person in whose name the email account is registered. UBISOFT, its agents and representatives are not responsible for late, lost, or misdirected notifications.
Prizes will be awarded within the limit of one prize per participant (same name and address), regardless of the email addresses submitted by the participants when participating to the Competition.
Acceptance of a prize constitutes permission for UBISOFT and its designees to use winners’ names, likenesses (and biographical information), city and state of residence, and entries (including content) for advertising, marketing, promotional and other purposes in any and all media now known or hereafter devised, worldwide in perpetuity, without further compensation, notification or permission, unless prohibited by law. Entrants waive and release UBISOFT from any and all claims that entrants may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to UBISOFT’s exploitation of entries without further notification or compensation to entrants of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the UBISOFT, on the grounds that any use of any content, or any derivative works, infringe or violate any of entrants rights therein.
Prizes will be distributed in the following manner:
The prizes are constituted by the integration of the visual/content of the winners in the Game. One hundred (100) prizes will be awarded. The value of each such prize is estimated at 200€ (two hundred euros).
The prizes offered may not be contested in any way by the winner; they may not be transferred, substituted, redeemed or exchanged for their equivalent cash value; provided, however, UBISOFT reserves the right to replace the stated prizes with prizes of an equivalent or greater value at UBISOFT’S sole discretion. All federal, state, provincial and/or local taxes/duties are the sole responsibilities of the winners. Awarding of prizes and Competition administration shall be the sole responsibility of UBISOFT.
The stated value of the prizes corresponds to the approximate retail price (tax included) currently practised or estimated at the time of drawing up the Regulations. It is provided simply as an indication and is subject to variation.
Prior to the awarding of prizes, winners will be required to sign an Affidavit of Eligibility certifying their compliance with the regulations of the contest.
Winners will be required to verify a correct mailing address for prize delivery within 14 days of notification or prize will be forfeited and, at the option of UBISOFT, an alternate winner may be selected. Winners may also be required to sign and return an Affidavit of Eligibility, and, where lawful, a Liability and Publicity Release within 14 days of notification, or winner's prize may be forfeited and an alternate winner selected, except where prohibited by law. By accepting the prize and/or executing the publicity release, each winner agrees that UBISOFT may post winner's name on a list of winners, and may use winner's name, voice, likeness, biographical information, winning entry and statements attributed to winner (if true) for the purpose of advertising, trade, or promotion purposes without further notification or compensation to entrant. Return of any prize or prize notification as undeliverable will result in forfeiture of prize and selection of an alternate winner.
By participating in the Competition each player acknowledges and accepts the characteristics and limits of the Internet, with particular regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption and, more generally, the risks inherent in any connection or transmission using the Internet, the absence of protection for certain data against potential misappropriation and the risks of contamination by possible viruses in circulation on the network.
As a result, under no circumstances will UBISOFT, its agents, subsidiaries, affiliates, directors, officers, consultants, employees and/or representatives, be responsible for or be held responsible for the following (bearing in mind that this is not a closed list):
By participating in the Competition, you agree to release and hold UBISOFT and the employees, officers, directors, shareholders, agents, representatives of UBISOFT, its affiliates, subsidiaries, advertising, promotion, and fulfilment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Competition, or resulting from acceptance, possession, or use of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Further, by participating in the Competition, you agree to indemnify, defend and hold UBISOFT and the employees, officers, directors, shareholders, agents, representatives of UBISOFT, its affiliates, subsidiaries, advertising, promotion, and fulfilment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind which arise from or in connection with the entry.
UBISOFT’s Privacy Policy applies to this Competition. Please review such policy at http://www.ubi.com/US/Info/PrivacyPolicy.htm for the United States version and http://www.ubi.com/ENCA/Info/Info.aspx?tagname=PrivacyPolicy for the Canadian version prior to entering the Competition.
The Regulations can be consulted on the Competition Page. The complete Competition Regulations will be sent free of charge to anyone making a written request to UBISOFT at the address first set forth above. The request should state the title of the Competition and the name and address of the person making the request.
If the circumstances require it, UBISOFT reserves the right to postpone, modify or cancel the present Competition in the event of any difficulties which may arise during the operation of the Competition.
The Regulations apply to all players who participate in the Competition by registering on the Competition Page and provide a content.
VOID WHERE PROHIBITED BY LAW. ALL FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS AND REGULATIONS APPLY.
The Competition shall be construed and evaluated according to the laws of the United States, the State of California and Canada. For residents of Quebec, any litigation respecting the conduct or organization of a publicity Sweepstakes may be submitted to the Régie des alcools, des courses et des jeux (the "RACJ") for a ruling. Any litigation respecting the awarding of a prize may be submitted to the RACJ only for the purpose of helping the parties reach a settlement.
© 2010 Ubisoft Entertainment. All rights Reserved. Child Of Eden, Ubisoft and the Ubisoft logo are trademarks of Ubisoft Entertainment in the US and/or other countries.