Rules / Prizes

  1. The "Game Over" Contest presented by Wind-Up Records, LLC.s recording artist .Strata. and Machinima, Inc. (the "Contest") begins on or about 12:00 a.m. Pacific Time ("PT") on July 13, 2007 and ends at 11:59 p.m. PT on September 15, 2007 ("Contest Period"). Wind-Up Records, LLC (.WUR.) is not responsible for the collection, submission or processing of entries, the administration of the Contest or the selection of winners. Online access via the Contest website (as defined below) is required for detailed information and instructions.
    • Submission Period:
      • July 13, 2007 through August 26, 2007
    • Voting Period:
      • August 29, 2007 through September 12, 2007
    • Winners will be announced on September 15, 2007.
  2. Eligibility: Contest is offered only to legal residents of the fifty (50) United States (and the District of Columbia) who are citizens of the United States, who are at least eighteen (18) years old at the time of entry and have Internet access (.Contestants. or .you.).

    Employees, producers and directors of Machinima, Inc., (the "Sponsor"), WUR, their respective parent, affiliated and subsidiary companies, advertising and promotional agencies, Webmasters and Web suppliers, and each of their respective employees, officers and directors, and the immediate family members (spouse, mother, father, sister, brother, ward, daughter or son) or members of the households of such employees, officers or directors or family members (whether or not related) (collectively, the "Releasees") are not eligible to enter or win a prize. By entering, you agree to be bound by these Official rules and the decisions of Sponsor, which are final and binding in all respects.

  3. To Enter: During the Contest Period, go to http://www.machinima.com/gameover (the "Web Site") to read these Official rules, and review guidelines and information on how to enter the Contest during the Submission Period and/or how to rate the Submissions (as defined below) during the Voting Period. No purchase necessary to enter Contest.
    • To enter the Contest during the Submission Period, submit/upload the following as directed at the Web Site:
    • a machinima video recording (in WMV, MOV or AVI format, with maximum file size of 100 MB) of your .most memorable in-game death. showing how your .virtual life ended., which must be no more than five (5) minutes in length (each a .Submission.). You can use any game or virtual environment of your choice (Second Life, etc.)
    • each video entry must use music from one of the four (4) songs available for download at the Web Site, from Strata.s new album entitled .The End of the World.. The four available songs are: .Cocaine (We.re All Going to Hell).; .Stay Young.; .Hot/Cold (Darling Don.t).; and .Night Falls.. You may use the full song or a portion of any song in your Submission. You may use one or all four songs in each Submission. No other music may be used in each Submission. Any Submission using any other music, will be immediately disqualified. All video entries will be viewable on Web Site via a secure streaming mechanism and player.
  4. Participation:
    1. Limit one (1) person (author) per unique Submission. Multiple Submissions from the same Contestant are permitted, but each must be entirely distinct, as determined by Sponsor in Sponsor.s sole discretion, from any other Submission.
    2. You must be at least eighteen (18) years old at the time of entry.
    3. All Submissions must be submitted via upload to the Web Site before the end of the Submission Period.
    4. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech, sexually explicit, discriminatory, illegal or otherwise offensive or objectionable, in whole or in part, will be disqualified and will not be eligible for entry.
  5. Submissions received by the Web Site after the end of the Submission Period will be deemed ineligible for participation in the Contest. Any attempt at entry except as stated above will be deemed void.
  6. By entering a Submission you irrevocably assign to Sponsor the right to display, modify and edit your Submission for the purposes of promoting and advertising your Submission and the Contest. By entering, Contestants agree to be bound by these Official rules including all eligibility requirements.  By accepting a prize, winners consent to the use of their names, images, likenesses, photo, voices, and biographical materials for any and all advertising, publicity, and promotional purposes by Sponsor, WUR, or any third party designated by Sponsor or WUR, in any and all media now or hereafter known, including but not limited to, any online postings and announcements, without additional notice or compensation to you, except where prohibited by law. Contestants agree that any and all disputes shall be governed by the laws of the State of California without regard to any conflict of laws principles. Contestants agree that the conditions of entry in this Contest set forth in these Official rules, and all documents and agreements incorporated in these Official rules by reference, solely govern the relationship between Contestants and Sponsor in connection with this Contest. The rights granted under this paragraph shall extend to Sponsor and WUR and their respective affiliated companies with respect to all Submissions and all other submitted materials related to the Contest, including those submitted by non-winners and winners.
  7. Neither Sponsor nor WUR assumes any responsibility for illegible, lost, delayed, misdirected or incomplete entries, system errors and failures, faulty transmissions, or other telecommunications malfunctions. Sponsor and WUR reserve the right, at their sole discretion, to cancel, terminate or suspend the Contest should any unauthorized intervention or other cause beyond the control of the Sponsor or WUR affect the administration or conduct of the Contest.
  8. Each Contestant who enters a Submission in this Contest represents and warrants as follows: (a) the Submission is the Contestant.s own work; and (b) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with the Contestant, and is not the subject of any actual or threatened litigation or claim. Each Contestant hereby agrees to indemnify and hold the Releasees harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Contestant hereunder.
  9. Winner Selection and Voting Period: Sponsor and WUR will select, in their sole discretion, ten (10) finalist Submissions from all eligible Submissions at the end of the Submission Period. These ten (10) finalist Submissions will be featured on the Web Site during the Voting Period. From these ten (10) finalist Submissions, three (3) winners (1st, 2nd and 3rd place) will be chosen by the online community at the Web Site, via a voting/rating system provided by Sponsor. If Sponsor or WUR determine that voting abuse, fraud or other irregularities occurred in connection with the voting process then the winner shall be the next qualified submission.

    During the Voting Period, visitors to the Web Site can simply view the finalist Submissions solely via secure streaming and rate them.

    If no one has yet rated a finalist Submission, all rating fields for that Submission will be blank. If others have rated a finalist Submission, the weighted average will appear in red in the rating fields. The weighted average displayed is rounded to the nearest half point (i.e., 3.5, 4.0, etc.) though the Web Site database retains the actual rating figure. When a visitor rates a finalist Submission, the current rating will be displayed in fields highlighted with a gold border. The red field still displays the overall weighted average with the newest rating incorporated.

    Each visitor to the Web Site can only rate a finalist Submission once. If a visitor changes his or her mind about the rating, the most recent rating selected will be calculated in the total average rating, and the previous selection will be discarded. Thus, voting multiple times for a particular Submission will not affect its overall rating.

    At the end of the Voting Period, the ratings at that time may or may not yield the clear winners. Sponsor will, if necessary, apply a fair mathematical algorithm which will give a slight, additional weight to entries with more votes. For example, applying the algorithm, a finalist Submission with a rating of 5.0 that has received only one (1) vote will be prevented from winning over a finalist Submission with a 4.9 average rating that has received one hundred (100) votes.

    Sponsor may also enable, if necessary, a program to prevent low-vote abuse, in order to discourage Web Site visitors from giving a high rating to a particular finalist Submission and giving a low rating to all of the other finalist Submissions, and to prevent the effects of such actions. If Sponsor determines that there is evidence of low-vote abuse, Sponsor, in its sole discretion, reserves the right to withdraw all ratings from the offending visitor(s), and/or disqualify any Submission(s) associated with that visitor(s).

    In order to rate the finalist Submissions, visitors to the Web Site must have JavaScript and browser cookies enabled.

  10. prizes:
    • 1st place: a gift card or cash prize in the amount of $1,000 (USD).
    • 2nd place: a gift card or cash prize in the amount of $350 (USD).
    • 3rd place: a gift card or cash prize in the amount of $150 (USD).

    All taxes and any other costs and expenses are the sole responsibility of the winners.  prizes may not be transferred, substituted or redeemed for cash, except at Sponsor.s and WUR.s sole discretion. Specifics of the prizes are in Sponsor.s and WUR.s sole discretion..

    All winners must sign, complete and return a notarized Release of Liability, Affidavit of Eligibility and (except where prohibited) a Publicity Release (.Prize Claim Documents.) before receiving any prize. This Contest is governed by California law and is subject to all federal, state, and local laws and regulations. Void in Puerto Rico, all U.S. territories and possessions, overseas military installations and wherever prohibited by law.

  11. Winners: Potential winners will be notified by email or telephone using the contact information provided at the time of entry on or about September 15, 2007. The Releasees shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. The potential winners will have seventy-two (72) hours from the moment such notification is issued to respond to such notification by following the instructions provided therein. If a potential winner timely responds to such notification, he/she may then be sent Prize Claim Documents by email, and must complete, sign and return all required documentation within forty-eight (48) hours of issuance. If the potential winner does not reply to the notification within seventy-two (72) hours of its issuance, does not return the signed documents within forty-eight (48) hours of their issuance, or he/she cannot or does not comply with these Official rules as determined by Sponsor and WUR in their sole discretion, he/she will be disqualified, the applicable prize will be forfeited, and an alternate winner may be selected. Sponsor and WUR have the right to revise dates and procedures mentioned in these Official rules.
  12. LIMITATION OF LIABILITY: CONTESTANTS HEREBY AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE RELEASEES FROM ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THIS CONTEST, INABILITY TO PARTICIPATE IN THIS CONTEST OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION OR INABILITY TO PARTICIPATE IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND ANY AND ALL CLAIMS OF THIRD PARTIES. CONTESTANTS AGREE THAT THE RELEASEES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE CONTEST. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASEES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE WEB SITE AND RELEASEES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. THE PROVISIONS REGARDING IMPLIED WARRANTIES ARE VOID IN SOME STATES WHERE IMPLIED WARRANTIES ARE PRESCRIBED BY LAW, IN WHICH CASE SPONSOR SOLELY WILL BEAR LIABILITY FOR ANY BREACHES OF SUCH IMPLIED WARRANTIES. Releasees are not liable for lost, late, illegible, damaged, or stolen entries or submissions, or problems of any kind, whether mechanical, human or electronic. Releasees are not liable for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by Releasees, users or by any of the equipment or programming associated with or utilized in this Contest or by any technical or human error which may occur in the processing of Submissions which may damage your and/or a user's system or limit a Contestant.s ability to participate in the Contest. Submissions that have been tampered with or altered are void. Sponsor and WUR reserve the right, in their sole discretion, to cancel or suspend part or all of this Contest, or modify these Official rules at any time without notice, if in the Sponsor's or WUR.s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if viruses, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Contest. In such event, Sponsor and WUR may void any Submissions it suspects are at issue and award prizes from among all eligible Submissions received up to the date of cancellation. WARNING: ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEB SITE OR ANY ONLINE SERVICE RELATED TO THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, RELEASEES RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS. FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.  Releasees. failure to enforce any term of these Official rules shall not constitute a waiver of that or any other provision. Releases reserve the right to disqualify Contestants who violate these Official rules or interfere with this Contest in any manner. If a Contestant is disqualified, Releasees reserve the right to terminate that Contestant.s eligibility to participate in the Contest. Any attempts by an individual to access any web site associated with this Contest via a bot script or other brute force attack or any other unauthorized means will result in the IP address and all Submissions from that IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
  13. Cheating: Contestants agree not to knowingly damage or cause interruption of the Contest and/or prevent others from utilizing the Contest. CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, RELEASEES MAY DISQUALIFY ANY CONTESTANTS MAKING SUCH AN ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. Any or all claims pursuant to these shall be brought exclusively in the courts of the State of California, County of Los Angeles. Any provision of these Official rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official rules will remain in effect.
  14. WINNERS' LIST: Any legally required list of winners may be obtained after September 15, 2007 by visiting the Web Site.
  15. Sponsored by:

    Machinima, Inc., 10951 W. Pico Blvd. Suite 309, Los Angeles, CA 90064.

 
 
 

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