NFL 2010 Twitter League Contest”

Official Rules



NO PURCHASE NECESSARY TO ENTER OR WIN.

INTERNET ACCESS AND VALID E-MAIL ACCOUNT NECESSARY TO PARTICIPATE.

VOID WHERE PROHIBITED BY LAW. ALL FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS AND REGULATIONS APPLY.


1. Eligibility: The “NFL 2010 Twitter League” Contest (the “Contest”) is open only to individuals of the fifty (50) states (including the District of Columbia) of the United States and Canada (excluding Quebec) who are at least eighteen (18) years old at the time of entry, who have an existing Internet connection and who did not purchase any products, services or equipment for the purposes of entering this Contest. Employees of Sponsor and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members (any person living in the same household of any of the foregoing for at least four (4) of the twelve (12) months preceding the start of the Contest) of each such employee are not eligible. The Contest is subject to all applicable federal, state, provincial and local laws and regulations. If it is found that a person who does not meet the eligibility criteria set forth in these Official Rules has submitted an entry, that entry will be deemed ineligible and any prize awarded to such entrant shall be revoked. Void where prohibited by law.


2. Sponsor: Gameloft Inc., 45 W. 25th St., 9th Floor, New York, NY 10010, USA.


3. Agreement to Official Rules: Entry and participation in this Contest constitutes entrant’s full and unconditional agreement (and permission of an entrant under the age of majority in his/her state or country of residence (a “Minor”) to enter and participate in this Contest constitutes such Minor’s parent/legal guardian’s full and unconditional agreement on behalf of themselves and the Minor entrant) to abide by these Official Rules (exact compliance is essential) and accept the decisions of Sponsor and its agents as final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.


4. Contest Period: The Contest begins at 12:00 p.m. Eastern Time (“ET”) zone in the United States on November 12th, 2009 and ends at 11:59 p.m. ET on January 12th, 2010 (the “Contest Period”). The Contest Period consists of (i) a trivia questions phase, which begins at 12:00 a.m. ET on November 12th, 2009, and ends at 11:59 p.m. ET on January 12th, 2009 (the “Trivia Questions Phase”); and (ii) a calculation phase, where the entrants answers points will be counted by Sponsor (the “Score Phase”).


5. Contest Submission:

a) Trivia Questions Phase: During the Trivia Questions Phase, follow Gameloft’s profile on www.twitter.com at www.twitter.com/nfl_2010 if you do not have an account on Twitter, you must create one by following instructions on Twitter.com. Creating an account is free. Once logged in, go to www.twitter.com/nfl_2010 and follow this profile. Then answer to the 93 questions regularly posted on Gameloft profile’s at www.twitter.com/nfl_2010 or www.nfl2010game.com/twitterleague during the Trivia Questions Phase. Participants will have to reply to the trivia questions within one hour of the question being posted. The participants that would not follow www.twitter.com/nfl_2010 in their tweets will not be part of the contest.



Limit: Each entrant shall submit only one (1) answer to the questions posted during the Contest Period. Multiple answers received from any person or email address after the first answer received from that person or email address will be void. Any attempt by any person to enter more than one (1) answer by using multiple/different email addresses, identities, registrations, or any other methods will void and all answers entered by that person and that person, at the sole discretion of Sponsor, may be disqualified from the Contest. Use of any automated system or similar devices to participate is prohibited and will result in disqualification.


For all trivia questions: The person who is the authorized account holder of the Account that is used to post an answer will be deemed to be the entrant. If requested by Sponsor, entrant must be able to provide such permissions and clearance in a form acceptable to Sponsor. In the event there is a conflict between the Twitter Terms and Conditions and these Official Rules with regard to this Contest, these Official Rules shall prevail.


In the event of a dispute as to any answer, the authorized account holder of the email address used to create the applicable Account used to post such answer will be deemed to be entrant and must comply with these Official Rules. 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. The potential winners may be required to show proof of being the authorized account holder.


b) Score Phase: At the end of the Trivia Questions Phase, the answers points will be calculated by a group of people coming from the marketing teams at Gameloft, to determine the participants scores based on how difficult the question was:

- An extra point (1 point), for 31 questions.

- A field point (3 points), for 31 questions.

- A touchdown (6 points), for 31 questions.


Winner: Subject to the participant’s compliance with these Official Rules, the participant who receives the best score will be deemed the winner of the Grand Prize (the “Grand Prize Winner”). The four (4) participants who receive the second to the fifth best scores will be the winners of the Grand Prize (the “Second Prize Winners”) and the two (2) participants who receive the sixth and seventh best scores will be the winners for the Third Prize (the “Third Prize Winners”). Sponsor also reserves the right, in its sole discretion, to select an alternate winner for any prize should the contest appear to have been tampered with or manipulated in any way.


6. Requirements of Contest Winners: Winners will be notified by mail, email or phone on or around the 15th of January, 2010. Each Winner will be required to execute and return to Sponsor, within fourteen (14) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (the “Affidavit”) in order to claim his/her prize. If a Winner cannot be contacted within a reasonable time period, fails to execute and return the Affidavit within the required time period, is not in compliance with these Official Rules, or prize or prize notification is returned as undeliverable, such Winner will be deemed to have forfeited the prize, and Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard. If a Winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, at Sponsor’s sole discretion. Only three (3) alternate Winners will be selected through the process described in the preceding sentence, after which the applicable prize will not be awarded. The names of the Winners will be posted following the receipt by Sponsor of the Affidavit from the Winners. All completed Affidavits submitted become the property of Sponsor. The Affidavit will be verified by Sponsor.


Acceptance of any prize shall constitute and signify Winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, answer and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.


7. Prizes: After the expiration of the Voting Phase, the valid votes will be counted and used to determine the Winners to award the following prizes:

One (1) Grand Prize: winner will receive a trip for two (2) adults from the major airport nearest the winner’s home to a Miami, Florida area airport, to assist to the Pro Bowl in Florida, including round-trip coach class airfare, transportation for the winner and their guest from the airport to the hotel and from the hotel to the airport on the winner’s return trip, and one (1) standard hotel room accommodation (i.e., room and room tax only) for two (2) days and one (1) night with a (2) two person occupancy. Sponsor reserves the right to select the dates of travel, the airline and hotel in Sponsor’s sole discretion. Sponsor may substitute round-trip car service instead of airfare if the Grand Prize winner resides within fifty (50) miles of Miami, Florida. Travel must occur on the dates chosen by Sponsor.

The Grand Prize Approximate Retail Value (ARV) is $1,500.

Total Grand Prize ARV is $1,500.


Four (4) Second Prize: winners will each receive one (1) autograph from Ray Lewis or another NFL player.

The Second Prize Approximate Retail Value (ARV) is $50.

Total Second Prize ARV is $200.


Two (2) Third Prize: winners will each receive one (1) iTune gift card.

The Third Prize Approximate Retail Value (ARV) is $15.

Total Third Prize ARV is $30.


Total APR of the prizes is $1,730.


Prizes are non-transferable and no substitution or cash redemption will be permitted unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, in its sole discretion. Any depiction of prizes is for illustrative purposes only. Winners are solely responsible for all federal, state, provincial and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided. Limit: One (1) prize per Winner. All prize details are at Sponsor’s sole discretion.


8. Release: ENTRANT (AND ENTRANT’S PARENT/LEGAL GUARDIAN, IF ENTRANT IS A MINOR), BY ENTERING THIS CONTEST, AGREES THAT SPONSOR, TWITTER, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANT AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES, DAMAGES, CLAIMS OR ACTIONS OF ANY KIND, INCLUDING without limitation DEATH, PROPERTY DAMAGE, and claims based on publicity rights, defamation or invasion of privacy RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM RECEIPT, ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE OR PARTICIPATION IN THIS CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY.

IF ENTRANT IS A MINOR, BY ENTRANT’S ENTRY INTO THIS CONTEST, ENTRANT’S PARENT OR LEGAL GUARDIAN FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH WHICH MAY BE SUFFERED BY THE MINOR OR ANY THIRD PARTY.


9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible answers received up to time of such action using the judging procedure outlined above. Sponsor reserves the right, in its sole discretion, to disqualify persons whose eligibility is in question or who cannot or do not comply with these Official Rules, or for any other reason whatsoever. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the answer process or the operation of the Contest or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner and void all associated answers. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including 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. All decisions of Sponsor on all matters relating to this Contest are final.


10. Entrant’s Representations and Warranties; Indemnity: By entering this Contest, entrant (and such entrant’s parent/legal guardian, if an entrant is a Minor) represents and warrants to Sponsor that (i) entrant is a legal residents of the fifty (50) states (including the District of Columbia) of the United States or Canada (excluding Quebec) and is at least eighteen (18) years old at the time of entry; (ii) entrant did not purchase any products, services or equipment for the purposes of entering this Contest; (iii) entrant has the right and authority to enter into this Contest, to fully perform all obligations hereunder, and to transfer all rights hereunder; (iv) entrant’s answer and all elements thereto (other than those elements, if any, provided to entrant by Sponsor) are wholly owned original works of authorship developed or created by entrant; (v) the answer does not and will not infringe upon the copyrights, trademarks, trade names or other proprietary rights of any thirty party; (vi) entrant shall comply with all applicable laws and regulations and shall ensure that entrant’s answer is in compliance thereto; (vii) and the answers and entrant’s participation in this Contest are not in violation of any agreement or restrictions binding upon entrant. Entrant (and such entrant’s parent/legal guardian, if an entrant is a Minor) agrees to defend, indemnify and hold the Released Parties harmless from and against any and all liabilities, losses, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees), arising out of any breach of any of entrant’s representations or warranties under these Official Rules or any violation by entrant of these Official Rules.


11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the answer process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading or the processing of answers, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable answers or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, intercepted, garbled or delayed computer transmission or any combination thereof.


12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court of New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but shall specifically exclude attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. Each of the parties hereto submits itself to the exclusive jurisdiction and venue of the United States District Court of New York. 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of New York. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.


13. Personal Information:

The personal Information collected from entrant for this Contest is subject to Sponsor’s Privacy Policy (http://www.gameloft.com/index.php?platform=gameloft&section=privacity).


14. Winners List: The names of the Winner will be posted following the receipt by Sponsor of the Affidavits from the confirmed Winners. In addition, to request a list of Winners’ names, please send a self-addressed, stamped business size envelope, by July 31st, 2009, to: Gameloft Inc., “NFL 2010 Twitter League Contest”, Winners Confirmation, 45 W. 25th St., 9th Floor, New York, NY 10010, USA. Vermont and Washington residents and residents of any other states, provinces or countries where this requirement is proscribed by law may omit return postage.


15. Copyright/Trademarks: The Contest and all accompanying materials are © 2009 Gameloft Inc. All Rights Reserved. Gameloft and its logo are registered trademarks or trademarks of Sponsor in the United States and/or other countries. All other trademarks and trade names are the property of their respective owners.

12598363.3