XPOGames "Upload your game & win a Wii Console" contest Official Rules
XPOGames, Inc. will select the 1st stage winner based on the following criteria: graphics and sound quality, originality and longevity. Contest begins on January 15th, 2008 at 12:01 AM and ends on March 14th, 2008 at 11:59 PM (Greenwich Time). Winner will be chosen on March 15th, 2008 and announced following confirmation.
XPOGames, Inc. will select the 2nd stage winner based on the following criteria: highest user count playing the game according to XPOGames' server records. Contest begins on January 15th, 2008 at 12:01 AM and ends on December 30th, 2008 at 11:59 PM (Greenwich Time). Winner will be chosen on December 31st, 2008 and announced following confirmation.
The winner will be notified by e-mail within thirty (30) days of selection. Winners may be required to sign an affidavit of compliance and eligibility and a liability/publicity release within 14 days of notification or prize may be forfeited and awarded to an alternate winner. Prize is non-transferable and cannot be redeemed for cash.
IF, AFTER THE CONTEST HAS BEGUN, changes or updates to the contest are deemed necessary, an addendum outlining the changes will be available online here. XPOGAMES Inc. IS NOT RESPONSIBLE FOR LATE OR LOST MAIL, INTERNET CONNECTION FAILURE, OR ANY OTHER TECHNICAL FAILURE. Any software XPOGames may provide for the purpose of interacting with the website ( www.xpogames.com ) and all related documentation are being provided to user "as is" and without warranty of any kind, either expressed or implied.
XPOGames, Inc. reserves the right, but disclaims any obligation or responsibility, to remove any User-Generated Content from the website. XPOGames, Inc. MAY CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
These Rules apply to the XPOGames, Inc. "Upload your game & win a Wii console" contest. By entering, you agree to be bound by these Rules. In-order to enter the contest- follow this link.
To Enter and To Win
In the official rules "user" is defined as "user" or "entrant" or "person" or "developer" or "winner".
In those official rules XPOGames, Inc. is defined also as "XPOGames"
Download XPOGames toolkit and integrate it into your game. Create a separate layer with your background color. Enter online by uploading your FLASH game(s) to our site. Game must be developed by the person uploading it to XPOGames servers. Game(s) which include Commercial publicity of any kind is prohibited. By downloading the toolkit you agree to allow continuous connection between your game and XPOGames servers in order to keep track of game's high-scores. User agrees to use the toolkit to connect with XPOGames, Inc. servers only. No person will be eligible to win more than once. Person can upload any number of games provided they are differing. Entrants must leave the game on XPOGames, Inc. web site for a period of 12 month, starting February 28. 2008 and allow complete free public use of it during this period. Entrants must provide enough information including a valid e-mail address to allow XPOGames, Inc. to contact entrant if selected as a winner.
XPOGames, Inc. is not responsible for late, lost, misdirected or Incomplete entries; unavailable network connections; failed, garbled or delayed computer transmissions; online failures; hardware, software or other technical malfunctions, or any other communications failures or circumstances affecting, disrupting or corrupting the Contest in any manner Including and without limitation, receipt of entries or entrants ability to participate in the Contest, or winner notification, or winner response to notification. XPOGames, Inc. is not responsible for any damage to entrant's computer occasioned by participation in the contest or downloading of any information necessary to participate in the contest.
XPOGames, Inc. may modify the contest in any manner that it deems fair and equitable. XPOGames, Inc. decisions with respect to the contest are final. Subject to all applicable laws in Switzerland. Void where prohibited, and in all other countries. XPOGames 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 Contest, Website 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 undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, XPOGames, Inc. reserves the right to seek damages from any such person to the fullest extent permitted by law. XPOGames, Inc. failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Prizes and Redemption
1st stage contest prize
Contest prize is one (1) Nintendo Wii with a fair market value of $250. Winner is responsible for all other fees associated with prize.
2nd stage contest prize
Contest prize is a console games package with a fair market value of $1,000 (one thousand U.S dollars).
Contest awards are non-transferable. In the event that any of the prizes are not available at the time of winner selection XPOGames, Inc. reserve the right to substitute a cash payment of equal value for any prize or a prize of comparable or equal value. Uses of the prizes are at risk of the winner and XPOGames Inc. does not assume any liability.
Unused portions of the prize may not be redeemed for cash, merchandise voucher or cash value, and are null and void after the one time purchase. Only one prize will be awarded per individual. All prizes are non-transferable and cannot be redeemed for cash. Other restrictions may apply.
Winner is responsible for any local, state, provincial and federal taxes and actual transportation costs. Failure to execute and return any requested documents within 21 days of attempted delivery of same, or the return of any prize or prize notification as undeliverable will result in the awarding of prize to alternate winner.
Release
By uploading game(s) to XPOGames website ( www.xpogames.com ), User agrees to release and hold harmless XPOGames, Inc., Sponsors, 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") from and against any claim or cause of action, Including, but not limited to, lost profit, personal injury, death, or damage to or loss of property, arising out of participation in the contest or use of the prize(s) or receipt or use or misuse of any information Including, but not limited to, computer program, graphic pattern or form, sound sample of any kind, or any other 3rd party claimed rights.
Eligibility
The contest is open to all website ( www.xpogames.com ) visitors who are the sole developer of the uploaded game(s), except all employees of XPOGames, Inc., sponsors, its parents, subsidiaries, and affiliates and suppliers dealing with this contest or the operation of its websites, and those domiciled with such employees and members of their immediate family. (Spouse, parents, siblings and children).
Use of Entrant Information
Participation in the contest constitutes consent to Sponsors and their agents to present the game(s) for public use on XPOGames website( www.xpogames.com ) for a period of 12 months, use of Entrant name, likeness or voice, photograph, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration, except where prohibited. Entry constitutes permission to post winner's name on the XPOGames Website and to use winner's name, hometown, and likeness for purposes of advertising and promotion without further compensation unless prohibited by law. Except as required by law XPOGames, Inc. will not share entrant information with any third parties.
COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement must be sent to E-Mail Address at: info(at)xpogames.com.
XPOGames, Inc. cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of user-generated material contained in the website( www.xpogames.com ). Upon reliable notice of copyright infringement XPOGames will act to delete such content from its web site.
All information, content and materials contained on XPOGames Sites are our copyrighted property or the copyrighted property of respected owners. All trademarks, service marks, trade names, and trade dress are proprietary of the respected owners.
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, use of sponsor's toolkit or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Swiss appropriate Court located in Lausanne, Switzerland; (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 in no event 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. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of Switzerland without giving effect to any choice of law or conflict of law rules.
XPOGames, Inc. is licensed and regulated by the Government of Switzerland, where XPOGames's main headquarters and main operations are located.