| Sponsor |
| The sponsor of the Sweepstakes is Rockstar Games, a wholly owned subsidiary of the United States company Take Two Interactive Inc. The Sponsor’s address is Rockstar Games, 622 Broadway, New York, NY 10012, USA. |
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| Eligibility & Entry |
The Sweepstakes is open only to individuals who (a) are registered members of www.rockstargames.com/socialclub and (b) meet the residency and age requirements below.
Entrants must be (i) legal residents of the 50 United States, Germany, The Netherlands, New Zealand, Switzerland, and the United Kingdom, and (ii) who are eighteen years of age on the date of entry. Directors, officers and employees of Sponsor, its parent, and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to participate or win any prizes. All applicable federal, state and local laws and regulations apply. SWEEPSTAKES VOID WHERE PROHIBITED.
Limit one entry per person. |
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| Sweepstakes Period |
| The Sweepstakes starts at 6:01 PM Eastern Time on 4/17/2008, and ends 11:59:59 PM Eastern Time on 4/28/2008. |
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| Determination of Winner(s) |
| The potential winner(s) will be determined in a random drawing on or about 5/5/2008 from among all eligible entries received. The drawing will be conducted by Sponsor. Sponsor's decisions are final and binding. The potential winners will be selected at random from among all valid entries received. Potential winners will be notified by email on or about 5/7/2008. |
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| Prizes & Odds |
One Grand Prize Winner will have their portrait illustrated by Rockstar Games in the Grand Theft Auto style. The winner will receive a digital copy of the portrait and a cropped version of the image will be used as the avatar for the winner’s Social Club membership. Winner will be required to prepare and submit a series of reference photographs upon which the portrait will be based. The winner’s reference photos will become property of Rockstar Games and may be used to publicize the Sweepstakes.
Approximate Retail Value (“ARV”) US $100 / €63 (excluding Value Added Tax (“VAT”)). Odds of winning are determined upon the number of entries received. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. If any prize or prize notification email is returned as undeliverable, or potential winner does not respond within five (5) days of notification, or refuses to execute the applicable documents, the prize will be forfeited and awarded to an alternate winner. Winners may be required to complete and submit documents including an affidavit of eligibility, publicity release, and/or appropriate tax forms to receive a prize. Sponsor will not replace any lost or stolen prize.
All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose), except where prohibited by law. TO THE EXTENT ALLOWABLE BY LAW, FEDERAL, STATE, AND LOCAL TAXES, INCLUDING, WITHOUT LIMITATION, AS APPLICABLE, VAT TAXES AND CUSTOMS WHICH ARE ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
In case of dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry or registration with the Social Club. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line 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. |
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| Collection of Information |
| The information necessary to conduct the Sweepstakes was collected by Sponsor at the time that each entrant registered at the Social Club in accordance with Sponsor’s Privacy Policy available at www.rockstargames.com/socialclub/privacy (the “Privacy Policy”). By joining the Social Club or entering the Sweepstakes, you give your consent to the collection use and processing, as set forth in the Privacy Policy, by the Sponsor of your personal information provided at registration as well as any further information provided or collected during your participation. In the event that you are a citizen of France, and/or any of the other countries whose citizens are eligible for this Sweepstakes, and pursuant to French law and/or other legislation pertaining to data collection and processing, you are informed that the data collector is Take Two Interactive, whose servers and computer systems are based in the United States and therefore stores such data in the United States. Upon request, you will be provided with access to your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to the address provided in the Social Club privacy policy. You may also withdraw your personal data upon request, however you will be disqualified as an entrant in the Sweepstakes if you withdraw your personal data prior to the determination and fulfillment of the prizes. |
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| General Release |
| To the extent permitted by applicable law, by entering the Sweepstakes, you release Sponsor and any of its parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Released Parties") from any liability whatsoever, and agree not to make any claims against the Released Parties in respect of any costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes (including, without limitation, participation in the Sweepstakes) or delivery, misdelivery, acceptance, possession, 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 under a theory of contract, tort (including negligence), warranty or other theory. Some jurisdictions do not allow (i) the exclusion of implied warranties on applicable statutory rights; and in the case of the countries of Germany, the United Kingdom, and/or The Netherlands, (ii) limitations on a contracting party’s liability with regards to damages or death caused due to its negligence or intentional misconduct, so the above exclusions and limitations may not apply in some cases. |
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| Affidavit/Declaration & Release |
| As a condition of being awarded any prize, winners may be required to execute and deliver to Sponsor a signed affidavit/declaration of eligibility and acceptance of these Official Rules and release of liability, as permitted by applicable law. Failure to return a signed affidavit/declaration within five (5) days may result in forfeiture of prize. Potential winners are responsible for ensuring return of all required materials; proof of sending will not be considered proof of receipt by Sponsor. Potential winner will be required to sign a publicity release and/or other documents necessary to transfer all rights in their reference photographs to Rockstar Games and to allow Rockstar Games to use the reference photographs, draft illustrations, and the prize illustration for any purpose, including promotion of the Social Club. Rockstar Games retains all rights in the portrait and does not transfer any copyrights or other rights to winner by awarding the prize. |
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| Winners List; Rules Request |
| A list of winners will be posted at www.rockstargames.com/socialclub/events no later than 6/15/2008 and until 7/15/2008. For a copy of the winners list, send a stamped, self-addressed, business-size envelope after 6/15/2008 and before 7/15/2008 to Sponsor at the address listed below, Attn: GRAND THEFT AUTO IV PORTRAIT SWEEPSTAKES 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: GRAND THEFT AUTO IV PORTRAIT SWEEPSTAKES Rules Request. |
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| General Rules |
| By entering the Sweepstakes, you accept and agree to be bound by these Official Rules and the decisions of the Sponsor. The Sponsor is not responsible for late, lost, delayed, incomplete, corrupt, or misdirected entries, responses, paper entries or other correspondence, whether by internet transmission, e-mail or postal mail or otherwise, or for theft or destruction or unauthorized access or alterations of entry materials, phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. By participating in the Sweepstakes, entrant releases Sponsor, its parent, and their affiliates, subsidiaries, directors, officers, employees, sponsors, and agents, including advertising and promotion agencies, from any and all liability with respect to the Sweepstakes or the acceptance, possession or use of any prize, including without limitation (i) any condition caused by events beyond Sponsor's control that may cause the Sweepstakes to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes. Sponsor's decisions in all respects relative to the Sweepstakes are final. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes is compromised, without liability to the entrant. Sponsor reserves the right to disqualify any winner, as determined by Sponsor in its sole discretion. |
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| Additional Conditions |
| Except where prohibited by law, to accept any prize, winner consents to the use of his/her name, photo and/or likeness, biographical information, winning entry and statements attributed to winner (if true) for advertising and promotional purposes without additional compensation. |
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| Disputes |
| Except where prohibited by law: (a) As a condition of participating in this Sweepstakes, entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective; (b) Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (e.g., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased; and (c) The arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. |
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| Governing Law and Jurisdiction |
| Except where prohibited by law, this promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Arbitration Section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York, County of New York. |
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| Miscellaneous |
| In the event of any conflict between the English version of these Official Rules and any translation, the English version shall prevail. The invalidity or unenforceability of any provision herein shall not affect in any way the validity and enforceability of any other provision in these Official Rules. Your participation in the Sweepstakes is also subject to the Social Club’s Terms of Use available at www.rockstargames.com/socialclub/TOS. |
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