The Wario™ Award Contest

OFFICIAL RULES

Important: Please read these rules before entering this Contest (the "Contest"). By participating in the Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.

1. Eligibility. CONTEST VOID WHERE PROHIBITED. CONTEST OPEN ONLY TO RESIDENTS OF THE 50 U.S. STATES, D.C. AND CANADA (EXCLUDING QUEBEC). MUST BE LEGALLY ABLE TO TRAVEL TO LOS ANGELES, CA. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND NINTENDO OF AMERICA INC. ("SPONSOR") RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. Internet access and a valid email account are necessary in order to participate. To be eligible to win a prize, entries must be completed and received by Sponsor in the format designated below. Directors, officers and employees of Sponsor and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state, provincial and local laws and regulations apply. Limit one entry per person, regardless of method of entry.
2. Disclaimer. Sponsor, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.
3. Contest Period. The Contest starts at 12:01 am (all times Pacific Time) on March 28, 2010 and ends at 11:59 pm on May 16, 2010 (the "Deadline"). All entries must be received by the Deadline to be eligible to win a prize.
4. Prizes. One (1) Grand Prize Winner (defined in Section 8 below) will win (i) two (2) round-trip coach tickets from the major international airport nearest to the Grand Prize Winner's city of residence to Los Angeles, CA for the Grand Prize Winner and a guest, (ii) two (2) nights in a hotel designated by Sponsor (one standard room/double occupancy), and (iii) admission for two (2) to the Nintendo 2010 E3 Presentation on June 15, 2010, which is a media briefing where Sponsor will first reveal E3 news and show games to the public (the "Grand Prize"). THE GRAND PRIZE DOES NOT INCLUDE ADMISSION TO THE E3 EXPO. Approximate retail value ("ARV") of the Grand Prize is $2,500.
5. Odds; Taxes; Etc. Odds of winning a prize depend on number and quality (as judged by Sponsor) of eligible entries received. ALL FEDERAL, STATE, PROVINCIAL AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. The prize will be awarded. If the prize is not claimed within five (5) days after delivery of notification or if the prize notice is returned as undeliverable (e.g., Sponsor receives an error message that the message could not be delivered), the prize will be forfeited and awarded to an alternate winner. The prize is not transferable. No substitutions or exchanges (including for cash) of the prize will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for the prize. If the prize is won by a minor, the prize will be awarded to a parent or legal guardian on the minor’s behalf. Limit one prize per household or address. All prizes are awarded "AS IS" and WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, express or implied, (including, without limitation, any implied warranty or condition of merchantability or fitness for a particular purpose).
6. Identity of Entrant. Entrants will be identified by the email address submitted on the WarioWare D.I.Y. Website (defined below). In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
7. How to Enter. No purchase necessary. There are two ways to enter the Contest: (a) Submit a Microgame: To enter via the WarioWare™: D.I.Y. game for the Nintendo DS™ system (the "Game"), eligible entrants must first create a microgame using the Game (a "Microgame") and submit such Microgame electronically through the Game to Sponsor. After successfully submitting the Microgame, each entrant must then visit the Game website available at wariowarediy.com (the "WarioWare™ D.I.Y. Website") and complete and submit the online entry form. The information submitted in the entry form must match the information submitted together with the Microgame through the Game. The Microgame and entry form must be submitted by the Deadline.
   
   (b) Submit a Microgame Design Concept: To enter online, eligible entrants must create a Microgame design concept (a "Microgame Design Concept") and submit a description of the Microgame Design Concept using the information, examples and tips provided on the WarioWare™ D.I.Y. Website by the Deadline. Each submission must include all information requested in the entry form on the WarioWare™ D.I.Y. Website, including: (i) Describe Your Game: What would a player see as your Microgame appears? (ii) What’s your Command Message. What is the command word given to players before your Microgame starts (i.e., Chop, Balance, etc.)? (iii) What’s Your Stylus Action? Describe the action taken by players (i.e., tapping, poking, etc.). (iv) What’s the Goal? Describe how players win or lose your Microgame and what happens when they do. (v) Concept Sketch. Upload a detailed image or diagram showing the Microgame Design.
   
   Microgames and Microgame Design Concepts must adhere to one of the following three Game themes: creatures, sports or machines. Microgames and Microgame Design Concepts and all content in a Microgame or Microgame Design Concept must be entirely original creations, and may not include any images, text, characters, themes, company or brand names, logos, designs, music, or other content of third parties. All entries (including Microgames and Microgame Design Concepts) may not include any real names, telephone numbers, addresses, or other personally identifiable information of the entrant or any other person, other than the email address where requested in the entry form. All names and characters used in a Microgame or Microgame Design Concept must be original and fictional. Microgames and Microgame Design Concepts may not include any offensive, abusive, defamatory or otherwise inappropriate material and must be suitable for general audiences of all ages.
8. Winner Selection. The winner will be selected by a panel of judges comprised of technical and marketing representatives of Sponsor. The judges will select one (1) grand prize winner (the "Grand Prize Winner") from all eligible entries received. The winning entry will be the entry that the judging panel determines, in their sole discretion, to be the most apt, original and interesting based on the following factors: (a) Originality (Was the submission original and creative?), (b) Funness (How fun would it be to play repeatedly? Was the game designed to be simple and quick?), (c) Accessibility (How easy would it be to learn to play? Was the command word easy to understand, and does it entice the player to play?), (d) Humor (Was the goal of the game humorous and original?) and (e) adherence to one of the following three Game themes: creatures, sports or machines.
   
   The winner will be notified by email on or before May 25, 2010. To claim a prize, the winner must follow the instructions contained in his or her notification. If the selected Grand Prize Winner does not respond in accordance with these Official Rules or does not comply with these Official Rules or the instructions in his or her notification, he or she will be disqualified and will not receive the Grand Prize and in such event, another entrant may be selected by the Sponsor, in the Sponsor’s sole discretion, as the Grand Prize Winner. Sponsor is not responsible for the failure for any reason of the selected Grand Prize Winner to receive notification or for the failure of Sponsor to receive the potential Grand Prize Winner’s response.
9. Sponsor Ownership of Entries. All entries and materials submitted to Sponsor in connection with the Contest, including all Microgames, Microgame Design Concepts, gameplay, game designs, game concepts, images, sound recordings, videos, text, artwork, and other materials or content that you develop, author, make or otherwise create in connection with the Contest (collectively, "Entry Materials"), along with all copyright, trademark and other proprietary rights associated therewith, become the property of Sponsor upon submission, and Entry Materials will not be returned to any entrant. You acknowledge and agree that by creating and submitting Entry Materials you irrevocably assign and transfer to Sponsor, and its successors and assigns, all of your right, title and interest in and to the Entry Materials, including all present and future rights to use, modify, reproduce, publish, perform, display, distribute, make derivative works or substantial copies of, and otherwise commercially and noncommercially exploit, the Entry Materials in perpetuity and throughout the universe, in any manner or medium now existing or hereafter developed, without any compensation whatsoever to you or any other person or entity. You also irrevocably waive your moral rights in the Entry Materials, including, in particular, the Microgame or Microgame Design Concept submitted by you. You agree to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits, agreements and other documents) reasonably requested by Sponsor to give effect to your assignment and waiver of your rights in the Entry Materials and to confirm Sponsor's ownership rights as set forth above in this paragraph.
10. Original Work of Authorship. You hereby warrant and represent that the Microgame or Microgame Design Concept you submit as part of the Entry Materials (a) is your own, original creation, (b) has not been copied, in whole or in part, from any other work, (c) does not incorporate or include any material that requires the consent of any third party, and (d) does not include any content that violates, misappropriates or infringes any copyright, trademark, publicity right, privacy right, intellectual property right or other proprietary right of any other person or entity.
11. General Release. By entering the Contest, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, participation in, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether the action or claim arose in contract, tort (including negligence), warranty or otherwise.
12. Conditions of Trip. Dates of travel are subject to availability. The Grand Prize Winner's guest must be either (i) at least 18 years of age (or the age of majority under applicable law) prior to commencing the trip unless the Grand Prize Winner is the parent or legal guardian of the guest or (ii) the parent or legal guardian of the Grand Prize Winner if the Grand Prize Winner is a minor. The guest may be required to complete a liability waiver, publicity consent, and other legal, regulatory, or tax-related documents. The Grand Prize Winner is responsible for ground transportation to and from the airports and hotel, all meals and all other incidental expenses that the Grand Prize Winner or guest incurs in connection with the trip including, but not limited to, all applicable passport, visa, and entry/exit fees.
13. Privacy; Personal Information; Use of Winner's Name, Likeness, etc. The Sponsor and its authorized agents will only use and disclose personal information provided on the entry form for the purpose of administering the Contest, unless you otherwise agree. All personal information submitted as part of the Contest will be subject to the Sponsor’s privacy policy as set forth at www.nintendo.com/corp/privacy.jsp. Except where prohibited by law, entry into the Contest constitutes permission to use the Grand Prize Winner’s name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, the Grand Prize Winner (and if the winner is a minor, the winner's parent or legal guardian) may be required to execute a consent to the use of his or her name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
14. Affidavit and Release. As a condition of being awarded any prize, the Grand Prize Winner (and if the winner is a minor, the winner's parent or legal guardian) will be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion.
15. Winners List; Rules Request. For a copy of the winners list, send a stamped, self-addressed, business-size envelope after May 28, 2010 and before May 28, 2011 to Sponsor at the address listed below, Attn: The Wario Award Contest Winners List. To obtain a copy of these rules, send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: The Wario Award Contest Rules Request. Residents of VT may omit return postage.
16. Copyright Notice. The Contest and all accompanying materials are copyright © 2010 by Nintendo of America Inc. All rights reserved.
17. Miscellaneous. The Contest and these Official Rules will be governed, construed and interpreted under the laws of the state of Washington. In the event of a conflict or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in ant Contest materials, the terms and conditions of the Official Rules shall prevail and govern. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Contest or any entrant's participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's control affect the administration, security or proper play of the Contest, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Contest, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from entry into the Contest. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. If you have any questions about these Official Rules or the Contest, please send them to the address listed below, Attn: The Wario Award Contest Questions.
18. Contest Sponsor: The sponsor of the Contest is Nintendo of America Inc., 4820 – 150th Avenue NE, Redmond, Washington 98052.

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