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Darksiders: Wrath of War
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Darksiders: Wrath of War (the "Promotion") is open only to legal residents of the fifty (50) United States (and the District of Columbia) who are seventeen (17) years old and older at the time of entry. Void where prohibited. Employees of THQ, Inc., Ayzenberg Group, Petrol Advertising, ePrize, LLC, Benjamin Heckendorn, and their respective related companies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Promotion is subject to all applicable federal, state, local laws and regulations. The Promotion consists of an eDecoder game (the “eDecoder Game”) and a Grand Prize Drawing (the “Grand Prize Drawing”).
2. Sponsor: THQ Inc., 29903 Agoura Rd., Agoura Hills, CA 91301. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: By participating in the Promotion, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Promotion.
4. Timing: The Promotion will start on July 24, 2008 at 12:00 a.m. Pacific Time ("PST"), and end of October 24, 2008 at 11:59 p.m. PST (the "Promotion Period"). Administrator’s computer is the official time keeping device for this Promotion.
5. How to Enter the Promotion: You will need an eDecoder to play the eDecoder Game. eDecoders will be distributed at the THQ Booth for Comic-Con 2008 between July 24, 2008 and July 27, 2008 or you can obtain an online virtual eDecoder when you register for the Promotion. During the Promotion Period, visit http://www.darksidersweeps.com and follow the links and instructions to complete the registration. Complete and submit the registration form. If you do not have an eDecoder, check the “I do not have an eDecoder” box. Once you submit the form, you will automatically receive one (1) entry into the Grand Prize Drawing and one (1) eDecoder Game play for that day. You will automatically advance to the eDecoder Game Page. To play the eDecoder Game:
a. If you have an eDecoder and did not check the “I do not have an eDecoder” box on the registration page, place your eDecoder over the scrambled message displayed on your computer monitor to reveal the hidden image; or
b. If you checked the “I do not have an eDecoder” box on the registration page, use your mouse to drag the online eDecoder over the scrambled message to reveal the hidden image.
The eDecoder Game results will be instantly displayed. Entrants will be notified immediately by email if they are potential winners of the eDecoder Game and will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the eDecoder Game. Limit: Each participant may enter/play one (1) time per day during the Promotion Period. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays/entries and that participant may be disqualified. All entries must be received during the Promotion Period. Use of any automated system to submit entries is prohibited and will result in disqualification. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY/ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
7. Grand Prize Drawing/eDecoder Game: Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding. Grand Prize Drawing: Administrator will randomly select the potential Grand Prize Drawing winner from all eligible entries received on or about October 27, 2008. eDecoder Game:Ninety-three (93) random, computer-generated winning times, one (1) per day for each of the eDecoder Game prizes listed below will be generated during the Promotion Period. If you are the first player to play the eDecoder Game at or after any one (1) of the randomly generated times you will be a potential instant winner of the prize indicated.
8. Verification of Potential Winners: All selected winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Grand Prize Drawing winner will be notified by mail, email or phone after the date of the random drawing. Except where prohibited, the winner of the Grand Prize must sign (or have his/her parent/legal guardian sign if winner is a minor in his/her state of residence) and return, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability and Publicity Release in order to claim his/her prize. If the Grand Prize winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period, potential winner forfeits prize. In the event that the potential Grand Prize winner is disqualified for any reason, an alternate winner will be selected in a random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held after which the applicable prize will remain unawarded. Unclaimed First Prizes will not be awarded. Prizes will be fulfilled 8-10 weeks after the conclusion of the Promotion.
9. Prizes:
a. Grand Prize Drawing: ONE (1) GRAND PRIZE:A custom Darksiders Xbox 360® Laptop painted and autographed by Joe Madureira, and designed by Benjamin Heckendorn and an autographed Joe Madureira "Darksiders" Poster. Approximate Retail Value (“ARV”): $2,800. The ARV of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Odds of winning the Grand Prize Drawing prize depend on the number of eligible entries received during the Promotion Period.
b. eDecoder Game Prizes: NINETY-THREE (93) FIRST PRIZES (1 per day): A Darksiders Hoodie (size, style, and color determined by Sponsor in its sole discretion). ARV: $22.99. Odds of winning an eDecoder Game Prize depend on the number of eDecoder Game Prizes divided by the number of eligible eDecoder Game plays received during the Promotion Period. Limit: One (1) eDecoder Game Prize per person.
For all prizes: Prizes are awarded without warranty of any kind from the Release Parties, express or implied, without limitation, except where this would be contrary to federal, state, or local laws or regulations. Due to customization of the Grand Prize, the manufacturer warrany has been voided. Winners are solely responsible for all federal, state, and local taxes and other fees associated with prize receipt and use. No other substitution, assignment or transfer of prizes permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value. The total ARV of all prizes: $4,938.07.
10. Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor's use of winner's name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media, without further payment or consideration.
11. General Conditions: Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and costs (including without limitation attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Release: By receipt of any prize, winner agrees to release and hold harmless, Sponsor, Ayzenberg Group, Petrol Advertising, ePrize, LLC, Benjamin Heckendorn, and each of their related companies, each of their respective officers, directors, members, employees, and agents, (“Released Parties”) from and against any claim or cause of action arising out of participation or attempt to participate in the Promotion or receipt or use or misuse of any prize.
13. Limitations of Liability: Released Parties are not responsible for and entrants release and hold the Released Parties harmless for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Promotion; (iv) electronic or human error which may occur in the administration of the Promotion or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Grand Prize Drawing or eDecoder Game play, provided that if it is not possible to award another entry/play due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
14. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
15. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy (http://www.thq.com/legal/privacy.php) and the ePrize Privacy Policy (http://www.eprize.com/privacy/privacypolicy.html).
16. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than February 27, 2009. For the Winner List, send an email with subject line: "W - Darksiders: Wrath of War, Winner List Request," to [email protected].
Darksiders: Wrath of War
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Darksiders: Wrath of War (the "Promotion") is open only to legal residents of the fifty (50) United States (and the District of Columbia) who are seventeen (17) years old and older at the time of entry. Void where prohibited. Employees of THQ, Inc., Ayzenberg Group, Petrol Advertising, ePrize, LLC, Benjamin Heckendorn, and their respective related companies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Promotion is subject to all applicable federal, state, local laws and regulations. The Promotion consists of an eDecoder game (the “eDecoder Game”) and a Grand Prize Drawing (the “Grand Prize Drawing”).
2. Sponsor: THQ Inc., 29903 Agoura Rd., Agoura Hills, CA 91301. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: By participating in the Promotion, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Promotion.
4. Timing: The Promotion will start on July 24, 2008 at 12:00 a.m. Pacific Time ("PST"), and end of October 24, 2008 at 11:59 p.m. PST (the "Promotion Period"). Administrator’s computer is the official time keeping device for this Promotion.
5. How to Enter the Promotion: You will need an eDecoder to play the eDecoder Game. eDecoders will be distributed at the THQ Booth for Comic-Con 2008 between July 24, 2008 and July 27, 2008 or you can obtain an online virtual eDecoder when you register for the Promotion. During the Promotion Period, visit http://www.darksidersweeps.com and follow the links and instructions to complete the registration. Complete and submit the registration form. If you do not have an eDecoder, check the “I do not have an eDecoder” box. Once you submit the form, you will automatically receive one (1) entry into the Grand Prize Drawing and one (1) eDecoder Game play for that day. You will automatically advance to the eDecoder Game Page. To play the eDecoder Game:
a. If you have an eDecoder and did not check the “I do not have an eDecoder” box on the registration page, place your eDecoder over the scrambled message displayed on your computer monitor to reveal the hidden image; or
b. If you checked the “I do not have an eDecoder” box on the registration page, use your mouse to drag the online eDecoder over the scrambled message to reveal the hidden image.
The eDecoder Game results will be instantly displayed. Entrants will be notified immediately by email if they are potential winners of the eDecoder Game and will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the eDecoder Game. Limit: Each participant may enter/play one (1) time per day during the Promotion Period. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of plays/entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's plays/entries and that participant may be disqualified. All entries must be received during the Promotion Period. Use of any automated system to submit entries is prohibited and will result in disqualification. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
6. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING PLAY/ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
7. Grand Prize Drawing/eDecoder Game: Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding. Grand Prize Drawing: Administrator will randomly select the potential Grand Prize Drawing winner from all eligible entries received on or about October 27, 2008. eDecoder Game:Ninety-three (93) random, computer-generated winning times, one (1) per day for each of the eDecoder Game prizes listed below will be generated during the Promotion Period. If you are the first player to play the eDecoder Game at or after any one (1) of the randomly generated times you will be a potential instant winner of the prize indicated.
8. Verification of Potential Winners: All selected winners must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Grand Prize Drawing winner will be notified by mail, email or phone after the date of the random drawing. Except where prohibited, the winner of the Grand Prize must sign (or have his/her parent/legal guardian sign if winner is a minor in his/her state of residence) and return, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability and Publicity Release in order to claim his/her prize. If the Grand Prize winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period, potential winner forfeits prize. In the event that the potential Grand Prize winner is disqualified for any reason, an alternate winner will be selected in a random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held after which the applicable prize will remain unawarded. Unclaimed First Prizes will not be awarded. Prizes will be fulfilled 8-10 weeks after the conclusion of the Promotion.
9. Prizes:
a. Grand Prize Drawing: ONE (1) GRAND PRIZE:A custom Darksiders Xbox 360® Laptop painted and autographed by Joe Madureira, and designed by Benjamin Heckendorn and an autographed Joe Madureira "Darksiders" Poster. Approximate Retail Value (“ARV”): $2,800. The ARV of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Odds of winning the Grand Prize Drawing prize depend on the number of eligible entries received during the Promotion Period.
b. eDecoder Game Prizes: NINETY-THREE (93) FIRST PRIZES (1 per day): A Darksiders Hoodie (size, style, and color determined by Sponsor in its sole discretion). ARV: $22.99. Odds of winning an eDecoder Game Prize depend on the number of eDecoder Game Prizes divided by the number of eligible eDecoder Game plays received during the Promotion Period. Limit: One (1) eDecoder Game Prize per person.
For all prizes: Prizes are awarded without warranty of any kind from the Release Parties, express or implied, without limitation, except where this would be contrary to federal, state, or local laws or regulations. Due to customization of the Grand Prize, the manufacturer warrany has been voided. Winners are solely responsible for all federal, state, and local taxes and other fees associated with prize receipt and use. No other substitution, assignment or transfer of prizes permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of greater or equal value. The total ARV of all prizes: $4,938.07.
10. Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor's use of winner's name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media, without further payment or consideration.
11. General Conditions: Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and costs (including without limitation attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Release: By receipt of any prize, winner agrees to release and hold harmless, Sponsor, Ayzenberg Group, Petrol Advertising, ePrize, LLC, Benjamin Heckendorn, and each of their related companies, each of their respective officers, directors, members, employees, and agents, (“Released Parties”) from and against any claim or cause of action arising out of participation or attempt to participate in the Promotion or receipt or use or misuse of any prize.
13. Limitations of Liability: Released Parties are not responsible for and entrants release and hold the Released Parties harmless for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Promotion; (iv) electronic or human error which may occur in the administration of the Promotion or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Grand Prize Drawing or eDecoder Game play, provided that if it is not possible to award another entry/play due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
14. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
15. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy (http://www.thq.com/legal/privacy.php) and the ePrize Privacy Policy (http://www.eprize.com/privacy/privacypolicy.html).
16. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than February 27, 2009. For the Winner List, send an email with subject line: "W - Darksiders: Wrath of War, Winner List Request," to [email protected].
