Rules / Prizes
“The Club Machinima Mash-up Contest”
Official rules and prizes
NO PURCHASE NECESSARY
Official rules and prizes
NO PURCHASE NECESSARY
1. “The Club Machinima Mash-up Contest" with SEGA’s videogame “The Club” (the “Game”), presented by Machinima.com (the "Contest") begins at 12:00 a.m. Pacific Time ("PT") on February 7, 2008 and ends at 11:59 p.m. PT on March 31, 2008 ("Contest Period"). Online access via the Contest website (as detailed below) is required for detailed information and instructions.
"The Club Machinima Mash-up Contest"
Submission / Voting Period: February 7 – March 24, 2008.
Winners Announced: March 31, 2008.
2. Eligibility: Contest is open only to legal residents of the 50 United States or District of Columbia and Canada (with the exception of the province of Quebec) who are at least eighteen (18) years old at the time of entry and have Internet access. Proof of residency and age may be required. Void in Quebec and outside the United States and where prohibited by law.
Employees, producers and directors of Machinima, Inc., (the "Sponsor"), SEGA of America, Inc. (“SEGA”), their respective affiliated and subsidiary companies, advertising and promotional agencies, Webmasters and Web suppliers (collectively, the "Releasees") and the immediate family members (spouse, mother, father, sister, brother, ward, daughter or son) or members of the households of such employees or directors or family members (whether or not related) 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 Submission Period identified above, go to http://www.machinima.com/theclub (the "Web Site") to review Contest Official rules, and guidelines, register for the Contest and read information on how to enter the Contest. You may only enter via the Internet.
4. Participation:
a. Limit one (1) person (author) per entry (each entry being a “Submission”). Multiple Submissions from the same person are permitted, but each must be submitted entirely separate from any other Submission.
b. All Submissions created using the “mash-up machinima player” must be submitted within the player module. To enter, use the “mash-up machinima player” to mash-up a machinima version of the official “The Club” gameplay footage for which we have provided the video, audio and graphics in the “mash-up machinima player” on the Web Site.
c. Submissions that are late, illegible, incomplete, unreadable, damaged, destroyed, delayed, lost, tampered with, incomprehensible, forged, mutilated, misdirected, inaccurate, unintelligible or are deemed unsuitable in the sole discretion of the Sponsor or otherwise not in compliance with these Official rules will be disqualified. All Submissions generated by a script, macro or other automated/repetitive electronic means (except as expressly permitted in these Official rules) will be disqualified and ineligible for the Contest. ALL SUBMISSIONS BECOME THE PROPERTY OF SPONSOR AND WILL NOT BE ACKNOWLEDGED OR RETURNED.
5. Entries received via the Web Site after the end of the Submission Period at 11:59 p.m. Pacific Time on March 24, 2008 will be deemed ineligible for participation in the Contest. Any attempt at entry except as above stated shall be void. Sponsor’s computer shall be the official time-keeping device for the Contest.
6. By entering the Contest, you irrevocably grant, transfer, sell and assign to Sponsor and SEGA a fully-paid, non-exclusive right and license to publish, perform, reproduce, prepare derivative works of, morph, scan, edit, alter, distribute, display, exhibit, transmit, broadcast, televise, digitize and otherwise use, and permit others to use and perform, the Submission in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, including without limitation on the Internet, and for any purpose, including, but not limited to, advertising or promotion of the Contest and/or the Game, all without further notice, consent or approval from or payment to you, and you hereby release Sponsor and the Releasees from any liability arising out of any such use. You agree that Sponsor and SEGA have no obligation to use or continue using your Submission. By entering, entrants 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 advertising, publicity, and promotional purposes by Sponsor and/or Releasees, or a party designated by Sponsor and/or Releasees, in any and all media now know or hereinafter devised or discovered, including but not limited to, any online announcements, without additional notice or compensation, throughout the universe and in perpetuity, except where prohibited by law. Entrants agree that any and all disputes shall be governed by the laws of the State of California. Entrants agree that the conditions of submission set forth in these Official rules, and all documents and agreements incorporated in these Official rules by reference, solely govern the relationship between entrants and Sponsor in connection with this Contest.
7. Sponsor assumes no responsibility for illegible, lost, delayed, misdirected or incomplete Submissions, system errors and failures, faulty transmissions, or other telecommunications malfunctions. In the event this Contest is compromised for any reason (including, without limitation, computer virus, tampering, bugs, computer malfunction, fraud, unauthorized intervention or other causes beyond the control of Sponsor) which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper play of this Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate this Contest.
8. The rights granted under these Official rules shall extend to Sponsor and its affiliated companies with respect to all Submissions and all other submitted materials related to the Contest, including those submitted by non-winners and winners.
9. Judging: Three (3) winners will be chosen by the online community, via a provided voting/rating system, with final approval/selection by the Sponsor. The three (3) Submissions with the highest rating , determined with reference to a weighted average system determined by the Sponsor shall be deemed the winners. All decisions by the Sponsor are final and binding in all respects.
Starting at midnight, February 7, 2008 (that being 0:00:00 A.M. PDT), anyone can simply go to a video entry page, review the video, and rate the video by clicking on the stars. Voting will end on 11:59 p.m. Pacific Time on March 24, 2008 (the foregoing period being the “Voting Period”).
If no one has rated the Submission yet, all stars will be blank. If others have rated the Submission, the weighted average will appear with red filling in the stars. The weighted average displayed is rounded to the nearest half point, i.e. 3.5, 4.0, etc., though our database keeps the actual number. When an online user rates a Submission, the current selection shows stars highlighted with a gold border. The red coloring is still the overall weighted average with that entry’s rating included.
Each online visitor can only rate a Submission once. If an online visitor changes their mind about the rating that they have given to a Submission, the most recent rating selected will be calculated into the total, and the previous selection will be removed. So voting a hundred times for one Submission will only result in one vote for the Submission.
Sponsor reserves the right to withdraw all votes from anyone it suspects, in its sole discretion, to be abusing the voting process by voting multiple times and/or disqualify any Submission associated with that voter/user. In the event of a tie, Sponsor will determine the winning entry based upon the following criterion: quality of video entry as judged by Sponsor.
In order for ratings to work, you must have JavaScript and browser cookies enabled.
10. prizes: Top three winners will each receive a copy of The Club videogame for XBox 360. Estimated retail value $60.00 each..
All taxes on prize and any other costs and expenses not specifically stated within these Official rules are the sole responsibility of the winners. prizes may not be transferred, substituted or redeemed for cash, except at Sponsor's sole discretion. Specifics of the prizes are in Sponsor's sole discretion. prizes are subject to availability and Sponsor reserves the right, in its sole discretion, to award a prize of equal or greater value if advertised prizes or a portion of the prizes is unavailable.
All winners must sign, complete and return a notarized Release of Liability, Affidavit of Eligibility and (except where prohibited) a Publicity Release before receiving any prize. For all prizes, Sponsor reserves the right to substitute prize of equal value. This Contest is governed by U.S. 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. Any and all other costs, fees, taxes and expenses not explicitly stated herein as being awarded, are the sole responsibility of the prize recipient.
11. Winners: The selected potential winners will be notified by email or telephone within twenty-four (24) hours of the close of the Contest Period. The potential winners will have seventy-two (72) hours [KC1] from the moment such notification is issued to respond to such notification by following the instructions provided therein. 5 emails will be sent and if no response is received to the emails or phone call within 72 hours an alternative winner will be selected. If a potential winner timely responds to such notification, he/she may then be sent an Affidavit of Eligibility and a liability/publicity release by email, and must complete, sign and return all required documentation within 5 days of the date on the notification . If the potential winner does not reply to the notification within seventy-two (72) hours of its issuance or does not return the signed documents within five (5) dayshe/she is ineligible and an alternative winner will be selected. If a potential winner cannot or does not comply with these Official rules as determined by Sponsor, in its sole and absolute discretion, he/she may also be disqualified, the prize will be forfeited, and an alternate winner may be selected, at Sponsor’s discretion.
12. LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS MACHINIMA, INC., SEGA OF AMERICA, INC., AND EACH OF THEIR AFFILIATES, SUBSIDIARIES, DIVISIONS, PARENT AND RELATED COMPANIES, ADVERTISING AND PROMOTION AGENCIES, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (COLLECTIVELY, THE "RELEASEES") FROM ANY 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, PARTICIPATION OR INABILITY TO PARTICIPATE IN ANY PRIZE-RELATED ACTIVITY AND FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY, RIGHTS OF PRIVACY AND MERCHANDISE DELIVERY. 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 CLAIMS OF THIRD PARTIES. PARTICIPANTS AGREE THAT RELEASEES HAVE NOT MADE NOR IS 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, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE WEB SITE AND SPONSOR 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 PROVINCES WHERE IMPLIED WARRANTIES ARE PRESCRIBED BY LAW. Releasees are not responsible for lost, late, illegible, damaged, or stolen entries or submissions, or problems of any kind, whether mechanical, human or electronic. Releasees are not responsible 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 Sponsor, users or by any of the equipment or programming associated with or utilized in this promotion or by any technical or human error which may occur in the processing of Submissions which may damage a user's system or limit a participant's ability to participate in the Contest. Entry materials that have been tampered with or altered are void. Sponsor reserves the right, in its 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 opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if virus, 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 may void any Submissions they suspect are at issue and award prizes from among all eligible Submissions received up to the date of cancellation. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEB SITE OR ANY ONLINE SERVICE RELATED TO THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify entrants who violate the rules or interfere with this Contest in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant'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. This Contest and these Official rules are governed, construed and interpreted under the laws of the State of California and any or all claims pursuant to these shall be brought in the courts of the State of California. 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. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST AND ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
14. WINNERS' LIST: For the names of the winners, available after March 31, 2008, please visit the site at http://www.machinima.com/theclub.
15. Sponsored by:Machinima, Inc., 10951 W. Pico Blvd. Suite 309, Los Angeles, CA 90064.
4. Participation:
a. Limit one (1) person (author) per entry (each entry being a “Submission”). Multiple Submissions from the same person are permitted, but each must be submitted entirely separate from any other Submission.
b. All Submissions created using the “mash-up machinima player” must be submitted within the player module. To enter, use the “mash-up machinima player” to mash-up a machinima version of the official “The Club” gameplay footage for which we have provided the video, audio and graphics in the “mash-up machinima player” on the Web Site.
c. Submissions that are late, illegible, incomplete, unreadable, damaged, destroyed, delayed, lost, tampered with, incomprehensible, forged, mutilated, misdirected, inaccurate, unintelligible or are deemed unsuitable in the sole discretion of the Sponsor or otherwise not in compliance with these Official rules will be disqualified. All Submissions generated by a script, macro or other automated/repetitive electronic means (except as expressly permitted in these Official rules) will be disqualified and ineligible for the Contest. ALL SUBMISSIONS BECOME THE PROPERTY OF SPONSOR AND WILL NOT BE ACKNOWLEDGED OR RETURNED.
5. Entries received via the Web Site after the end of the Submission Period at 11:59 p.m. Pacific Time on March 24, 2008 will be deemed ineligible for participation in the Contest. Any attempt at entry except as above stated shall be void. Sponsor’s computer shall be the official time-keeping device for the Contest.
6. By entering the Contest, you irrevocably grant, transfer, sell and assign to Sponsor and SEGA a fully-paid, non-exclusive right and license to publish, perform, reproduce, prepare derivative works of, morph, scan, edit, alter, distribute, display, exhibit, transmit, broadcast, televise, digitize and otherwise use, and permit others to use and perform, the Submission in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, including without limitation on the Internet, and for any purpose, including, but not limited to, advertising or promotion of the Contest and/or the Game, all without further notice, consent or approval from or payment to you, and you hereby release Sponsor and the Releasees from any liability arising out of any such use. You agree that Sponsor and SEGA have no obligation to use or continue using your Submission. By entering, entrants 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 advertising, publicity, and promotional purposes by Sponsor and/or Releasees, or a party designated by Sponsor and/or Releasees, in any and all media now know or hereinafter devised or discovered, including but not limited to, any online announcements, without additional notice or compensation, throughout the universe and in perpetuity, except where prohibited by law. Entrants agree that any and all disputes shall be governed by the laws of the State of California. Entrants agree that the conditions of submission set forth in these Official rules, and all documents and agreements incorporated in these Official rules by reference, solely govern the relationship between entrants and Sponsor in connection with this Contest.
7. Sponsor assumes no responsibility for illegible, lost, delayed, misdirected or incomplete Submissions, system errors and failures, faulty transmissions, or other telecommunications malfunctions. In the event this Contest is compromised for any reason (including, without limitation, computer virus, tampering, bugs, computer malfunction, fraud, unauthorized intervention or other causes beyond the control of Sponsor) which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper play of this Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate this Contest.
8. The rights granted under these Official rules shall extend to Sponsor and its affiliated companies with respect to all Submissions and all other submitted materials related to the Contest, including those submitted by non-winners and winners.
9. Judging: Three (3) winners will be chosen by the online community, via a provided voting/rating system, with final approval/selection by the Sponsor. The three (3) Submissions with the highest rating , determined with reference to a weighted average system determined by the Sponsor shall be deemed the winners. All decisions by the Sponsor are final and binding in all respects.
Starting at midnight, February 7, 2008 (that being 0:00:00 A.M. PDT), anyone can simply go to a video entry page, review the video, and rate the video by clicking on the stars. Voting will end on 11:59 p.m. Pacific Time on March 24, 2008 (the foregoing period being the “Voting Period”).
If no one has rated the Submission yet, all stars will be blank. If others have rated the Submission, the weighted average will appear with red filling in the stars. The weighted average displayed is rounded to the nearest half point, i.e. 3.5, 4.0, etc., though our database keeps the actual number. When an online user rates a Submission, the current selection shows stars highlighted with a gold border. The red coloring is still the overall weighted average with that entry’s rating included.
Each online visitor can only rate a Submission once. If an online visitor changes their mind about the rating that they have given to a Submission, the most recent rating selected will be calculated into the total, and the previous selection will be removed. So voting a hundred times for one Submission will only result in one vote for the Submission.
Sponsor reserves the right to withdraw all votes from anyone it suspects, in its sole discretion, to be abusing the voting process by voting multiple times and/or disqualify any Submission associated with that voter/user. In the event of a tie, Sponsor will determine the winning entry based upon the following criterion: quality of video entry as judged by Sponsor.
In order for ratings to work, you must have JavaScript and browser cookies enabled.
10. prizes: Top three winners will each receive a copy of The Club videogame for XBox 360. Estimated retail value $60.00 each..
All taxes on prize and any other costs and expenses not specifically stated within these Official rules are the sole responsibility of the winners. prizes may not be transferred, substituted or redeemed for cash, except at Sponsor's sole discretion. Specifics of the prizes are in Sponsor's sole discretion. prizes are subject to availability and Sponsor reserves the right, in its sole discretion, to award a prize of equal or greater value if advertised prizes or a portion of the prizes is unavailable.
All winners must sign, complete and return a notarized Release of Liability, Affidavit of Eligibility and (except where prohibited) a Publicity Release before receiving any prize. For all prizes, Sponsor reserves the right to substitute prize of equal value. This Contest is governed by U.S. 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. Any and all other costs, fees, taxes and expenses not explicitly stated herein as being awarded, are the sole responsibility of the prize recipient.
11. Winners: The selected potential winners will be notified by email or telephone within twenty-four (24) hours of the close of the Contest Period. The potential winners will have seventy-two (72) hours [KC1] from the moment such notification is issued to respond to such notification by following the instructions provided therein. 5 emails will be sent and if no response is received to the emails or phone call within 72 hours an alternative winner will be selected. If a potential winner timely responds to such notification, he/she may then be sent an Affidavit of Eligibility and a liability/publicity release by email, and must complete, sign and return all required documentation within 5 days of the date on the notification . If the potential winner does not reply to the notification within seventy-two (72) hours of its issuance or does not return the signed documents within five (5) dayshe/she is ineligible and an alternative winner will be selected. If a potential winner cannot or does not comply with these Official rules as determined by Sponsor, in its sole and absolute discretion, he/she may also be disqualified, the prize will be forfeited, and an alternate winner may be selected, at Sponsor’s discretion.
12. LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS MACHINIMA, INC., SEGA OF AMERICA, INC., AND EACH OF THEIR AFFILIATES, SUBSIDIARIES, DIVISIONS, PARENT AND RELATED COMPANIES, ADVERTISING AND PROMOTION AGENCIES, EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (COLLECTIVELY, THE "RELEASEES") FROM ANY 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, PARTICIPATION OR INABILITY TO PARTICIPATE IN ANY PRIZE-RELATED ACTIVITY AND FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY, RIGHTS OF PRIVACY AND MERCHANDISE DELIVERY. 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 CLAIMS OF THIRD PARTIES. PARTICIPANTS AGREE THAT RELEASEES HAVE NOT MADE NOR IS 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, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE WEB SITE AND SPONSOR 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 PROVINCES WHERE IMPLIED WARRANTIES ARE PRESCRIBED BY LAW. Releasees are not responsible for lost, late, illegible, damaged, or stolen entries or submissions, or problems of any kind, whether mechanical, human or electronic. Releasees are not responsible 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 Sponsor, users or by any of the equipment or programming associated with or utilized in this promotion or by any technical or human error which may occur in the processing of Submissions which may damage a user's system or limit a participant's ability to participate in the Contest. Entry materials that have been tampered with or altered are void. Sponsor reserves the right, in its 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 opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if virus, 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 may void any Submissions they suspect are at issue and award prizes from among all eligible Submissions received up to the date of cancellation. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEB SITE OR ANY ONLINE SERVICE RELATED TO THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify entrants who violate the rules or interfere with this Contest in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant'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. This Contest and these Official rules are governed, construed and interpreted under the laws of the State of California and any or all claims pursuant to these shall be brought in the courts of the State of California. 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. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST AND ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
14. WINNERS' LIST: For the names of the winners, available after March 31, 2008, please visit the site at http://www.machinima.com/theclub.
15. Sponsored by:Machinima, Inc., 10951 W. Pico Blvd. Suite 309, Los Angeles, CA 90064.