NEXON AMERICA INC.
MAPLESTORY MEMORY WHALE CONTEST (MAY 2017)
NO PURCHASE REQUIRED TO ENTER OR WIN.
A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Sponsor: The MAPLESTORY MEMORY WHALE CONTEST (MAY 2017) (the “Promotion”) is sponsored by Nexon America Inc., 222 N. Sepulveda Blvd., Suite 200, El Segundo, California 90245, USA (the “Sponsor”).
2. Eligibility: The Promotion is open only to current players of Sponsor’s MapleStory game (the “Game”) who: (a) are at least thirteen (13) years of age as of the start of the Promotion Period (defined below); (b) are legal residents of a country that is within the service region of Sponsor’s Game (entrants may check whether their country of residence is within the service region by visiting https://support-maplestory.nexon.net/hc/en-us/articles/204080189-MapleStory-Region-Limitations
); and (c) have never been banned or suspended, or had an account banned or suspended, for hacking or similar violations of Sponsor’s terms of service. Any entrant that is under the age of majority in his/her jurisdiction of residence must have their parent or legal guardian’s permission to participate in the Promotion, and must provide evidence of such permission to Sponsor in whatever form required if requested by Sponsor. Employees, officers and directors of Nexon America Inc., its affiliated companies, agents thereof, the immediate family of any such person (defined as parents, children, siblings and husband or wife), or those with whom such person(s) are domiciled, are not eligible to participate. The Promotion is void where prohibited.
3. Agreement to Official Rules: Participation in the Promotion constitutes the entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Promotion begins at the time the Promotion is announced on the Sponsor’s thread dedicated to the Promotion (the “Thread”) on Sponsor’s forum at [ http://forums.maplestory.nexon.net/discussion/12122/maplestoryxre-zero-screenshot-memory-whale?new=1]
(the “Forum”) ends on May 26, 2017 at 11:59:59 pm Pacific Time (the “Promotion Period”). Submissions submitted before or after the Promotion Period will be disqualified. Sponsor’s computer will be the official timekeeping device for this Promotion. Entrant is responsible for calculating the difference in time zones.
5. How to Participate: To participate in the Promotion, players should capture a screenshot image of their MapleStory character during gameplay shown defeating the in-game monster, “Dodo” and upload that screenshot to Sponsor’s Official MapleStory forums submission thread at http://forums.maplestory.nexon.net/discussion/12122/maplestoryxre-zero-screenshot-memory-whale?new=1
(the “Submission Thread”). Each player captured in the screenshot image will be considered an entrant in the Promotion. Each entry may consist of a screenshot of up to three (3) players but each player is permitted only one (1) screenshot submission. Players may not enter the contest more than one time regardless of entry method. Entrants must include their in-game name and Game world server with their submission. For entries consisting of more than one player, each player must be identified by in-game name and Game world server. Entrants may resize or crop their screenshots, but may not make any other alterations or additions to their screenshot submission.
6. Submission Requirements. All screenshots submitted to Sponsor as part of the Promotion must comply with the following Content Guidelines. Any submission that violates these guidelines will not be eligible to be judged or awarded a prize:
Content Guidelines - the screenshot must:
a. Be limited to a maximum number of three players per screenshot;
b. Be uploaded to the Submission Thread;
c. Not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement;
d. Not in any way disparage Sponsor, any of its products or services, the Promotion, or any person or party affiliated with the Promotion, or alternatively appear to promote any direct competitor of Sponsor;
e. Not contain text or imagery that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor in its sole discretion);
f. Not include threats (expressed or implied) to any person, place, business, or group;
g. Not violate the privacy rights or any other rights of any person, business, or group;
h. Not name or depict any real life third party without his/her permission;
i. Not contain text or imagery that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
j. Not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the screenshot is created.
Sponsor is not responsible for lost, late, incomplete, invalid, illegible or misdirected screenshot, which will be disqualified/not counted (as applicable), or for any error, whether human, technical or otherwise. Sponsor reserves the right in its sole discretion to disqualify any entrant it finds to be tampering with the operation of the Promotion, such as using automated submission or image generation software, or to be acting in violation of these Official Rules. In the event of a dispute as to the identity of an entrant, the authorized account holder of Nexon.net ID account that is used to register for the Forum will be deemed to be the entrant. The “authorized account holder” is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the e-mail address that registered for the Nexon.net account.
7. Intellectual Property: By submitting the screenshot as part of this Promotion, each entrant acknowledges and agrees to the following:
a. Entrant irrevocably grants to the Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the screenshot or any part thereof as-is or edited (with or without using any entrant’s name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from any entrant or any other party.
b. Entrant forever waives any rights of copyrights, trademark rights, privacy rights and any other legal or moral rights that may preclude the Sponsor’s use of the screenshot, or require any entrant’s permission for the Sponsor to use the screenshot.
c. Entrant agrees not to instigate, support, maintain, or authorize any action, claim or lawsuit against the Sponsor on the grounds that use of the screenshot, or any derivative works thereof, infringes any rights that any entrant or third party may have as creator (or co-creator) of the screenshot including, without limitation, copyrights, trademark rights and moral rights.
d. Entrant irrevocably grants to Sponsor, its agents, licensees and assigns an unconditional, worldwide, royalty-free and perpetual (non-exclusive) right and permission to use the entrant’s name, image, voice and other likenesses that are included in the screenshot or which are shared with Sponsor as part of entrant’s participation in the Promotion, in any media now known or later invented for any commercial purpose, including without limitation advertising or marketing of Sponsor’s products and services, without further compensation or the right to approve such uses.
8. Winner Selection: After the Promotion Period has ended, Sponsor will select a qualified judge or panel of qualified judges to judge all eligible submissions according to the following criteria:
• Aesthetics and visual appeal – 50%; and
• Humor – 50%.
The judges will select their top three (3) screenshot submissions for a possible maximum number of nine (9) potential prize winners from among all eligible entrants using the judging criteria noted above. The potential winners will be notified after the date of selection at his/her forum account that was used to enter the contest (or other means of communication as Sponsor may select). The potential prize winners may be asked to submit additional personal information in order to confirm eligibility and award the prize. Potential prize winners may also be asked to sign an Affidavit of Eligibility or Declaration of Compliance (as may be applicable given the location of the potential prize winner) unless this is prohibited by law. If a potential winner cannot be contacted, fails to respond to the notification within the required time period (if applicable), or fails to sign and return the Affidavit or Declaration within the required time period (if applicable), he/she will be disqualified and will forfeit the prize. If a potential winner is disqualified for any reason, Sponsor will award the prize to an alternate potential winner to be chosen based upon the winner selection criteria described in this Section.
9. Prizes: Once confirmed, the each prize winner will receive the following:
a. 15,000 Maple Points per player included in the winning screenshot submissions
b. Sky Whale mount per player included in the winning screenshot submissions
Limit one (1) prize per person or Nexon.net account. The Maple Points are in-game items and have no cash value. No cash or other substitution is allowed except by the Sponsor who may substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value, as determined by the Sponsor in its sole discretion. A prize (or part thereof) is not transferable or refundable and must be accepted as awarded. The winners are responsible for any and all other costs and expenses not listed above. Winners will be responsible for payment and reporting of all applicable taxes associated with the receipt and usage of a prize. Sponsor may report the receipt of any prize to the appropriate federal, state, or local taxing agency(ies). Please allow at least thirty (30) days from completion of the judging process for the in-game prizes to be reflected in the winners’ accounts.
10. Warranties and Representations: By submitting the screenshot, each entrant warrants and represents that:
a. the screenshot is original to the entrant or entrants;
b. the screenshot does not infringe the intellectual property, privacy, publicity, or any other rights of any third party;
c. the screenshot does not violate any law, regulation, or any provision of these Official Rules;
d. the screenshot has not previously been entered in any other contest or promotion;
e. the screenshot has not been previously published in any medium;
f. the entrant has read and understands these Official Rules;
g. at all times the entrant has complied fully with these Official Rules; and
h. the entrant will continue to comply in full with these Official Rules until the Promotion has been completed.
). Except where prohibited, participation in the Promotion constitutes entrant’s consent to the Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and country and state or province of residence for promotional purposes in any media without further payment or consideration.
12. Indemnification: By entering, entrant agrees to defend, indemnify and otherwise hold Sponsor, its parent and affiliated companies, and the agents, officers, directors, and employees of each (collectively the “Released Parties”) harmless from and against any and all liability of any nature whatsoever arising out of or relating to:
a. any technical errors that may prevent entrant from participating in any way;
b. unauthorized human intervention in the Promotion;
c. errors in the administration of the Promotion; and
d. injury, death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use of any prize, including any such claim by the Released Parties’ employees or any third parties.
Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties be liable for attorneys’ fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages.
13. Disputes: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Los Angeles County, California, United States of America. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, United States of America, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
14. General Conditions: In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus or other technical problem, the Sponsor may, in its sole discretion, either (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules or (b) award the prizes from among the submissions received up to the time of the impairment. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. The Promotion is void where prohibited.
15. Winners List: The winners will be announced by Sponsor on the Thread page no later than thirty (30) days after all winners have been confirmed.
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