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| Sponsor |
| The sponsor of the Tournament 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 & Winning |
You will entered into the Tournament if you (a) possess a copy of Midnight Club Los Angeles (the “Game”), (b) are a registered member of www.rockstargames.com/socialclub (the “Social Club”) (to confirm your status, log into the Social Club to see if you can view your personal gameplay statistics for the Game), (c) have registered to enter the Tournament during the Registration Period on the tournament webpage on www.rockstargames.com/socialclub and (d) meet the residency and age requirements below.
Entrants must be legal residents of (i) the United States (who are not residents of Arizona, Connecticut, Maryland, North Dakota or Vermont) who are at least 13 years of age on the date of entry or (ii) Australia, Belgium, Denmark, Finland, France, Germany, Luxembourg, The Netherlands, New Zealand, Spain, Sweden, Switzerland, the United Kingdom or the Republic of Ireland who are at least 18 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. TOURNAMENT VOID IN THE US STATES OF ARIZONA, CONNECTICUT, MARYLAND, NORTH DAKOTA AND VERMONT AND WHERE OTHERWISE PROHIBITED. Limit one entry per person.
The Tournament consists of “best time” single player advancement race, followed by “head to head” multiplayer races. In the case of a tie at the end of an advancement round, a special additional “play off” race may be held to break the tie. Entrants advance until all races have been completed.
Entrants who qualify for the head to head round will receive instructions from the Contest Administrator at the email address registered with their Social Club account. Failure to follow these instructions is a violation of these rules and may result in disqualification. The Contest Administrator may reject or disqualify any entrant at any time if the Administrator believes that the entrant does not meet the eligibility requirements, has violated these Contest rules, has violated the Rockstar Games Online Features Code of Conduct located at www.rockstargames.com/conduct or for any other reason.
Entrants who qualify for the Head to Head rounds must sign in and access the Tournament at least twenty minutes before the starting time for the race. Any Entrant that has not accessed the Tournament five minutes before the designated start time may be disqualified. During the Head to Head rounds, Entrants will be assigned to races and once race assignments are set, no changes or substitutions will be allowed. Administers will attempt to match players in the same time zone and offer time slots at times that are convenient for the players, but this contest is administered from the United States and it may not be possible to accommodate all player scheduling requests. If a Entrant is deemed ineligible or is disqualified, their opponent will advance. If a Entrant is unable to participate in his or her scheduled race, that Entrant forfeits the opportunity to participate and will not be eligible to advance to compete in subsequent rounds. In case of a tie or technical difficulties, Head to Head Entrants may be instructed by the Contest Administrator to participate in an additional race.
In the event of a dispute, the decisions of the Contest Administrator and Judges are final.
WINNING ENTRANTS MUST USE THE DESIGNATED VEHICLE CLASS AND MAY NOT USE ANY ENHANCEMENT OR CHEATING METHOD. ALL POTENTIALLY WINNING ENTRANT ACCOUNTS WILL BE REVIEWED FOR ELIGIBILITY UPON COMPLETION OF THE TOURNAMENT. DISPLAY OF YOUR STATISTICS ON THE TOURNAMENT DATA BOARD DURING THE TOURNAMENT DOES NOT ENTITLE YOU TO A PRIZE. SOCIAL CLUB MEMBERS WHO ENTER TOURNEMENTS THAT ARE NOT ELIGIBLE TO PARTICIPATE IN MAY HAVE THEIR ACCOUNTS SUSPENDED OR TERMINATED. |
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| Registration Period & Tournament Period |
Registration for the Tournament starts at 12:01 AM ET on January 28, 2009, and ends 11:59:59 PM ET on February 6, 2009 (the “Registration Period”). Eastern Time or “ET” is the local time zone for New York City in the United States. ALL ENTRANTS MUST REGISTER FOR THE TOURNAMENT ON THE SOCIAL CLUB REGISTRATION PAGE. If you have successfully registered for the Tournament, the REGISTRATION icon will be replaced by a PERSONAL STATISTICS icon. The Tournament is expected to run for 10 days after the end of the Registration Period, ending on or about February 16, 2009 (the “Tournament Period”).
After registration has closed, this Tournament will run as follows: |
| Round
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Dates
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Players
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Qualifiers
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Race Type
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Car Class
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Track
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| 1
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12:01 AM ET February 7, 2009 to 11:59:59 PM ET February 10, 2009
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All entrants
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32
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Single Player Time Trial
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C
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Surf and Sand
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| Tie Breaker (only if necessary)
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12:01 AM ET to 11:59:59 PM ET February 11, 2009
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Players tied for next round
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TBD
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Single Player Time Trial
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C
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Surf and Sand
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| 2
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Per Administrator Email; expected to be February 12, 2009 (ET)
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32
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16
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Head To Head
(Best of One)
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C
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Old Hollywood Shortcuts
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| 3 |
Per Administrator Email; expected to be February 13, 2009 (ET) |
16 |
8 |
Head To Head
(Best of One)
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C |
Century City Jumps |
| 4 |
Per Administrator Email; expected to be February 14, 2009 (ET) |
8 |
4 |
Head to Head
(Best of One)
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C |
Up and Over Coldwater |
| 5 |
Per Administrator Email; expected to be February 15, 2009 (ET) |
4 |
2 |
Head to Head
(Best of Three)
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C |
Old Route 66 |
| 6 |
Per Administrator Email; expected to be February 16, 2009 (ET) |
2 |
1 |
Head to Head
(Best of Three)
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C |
Hollywood Drifts |
| Prizes |
Two sets of prizes will be awarded, one set for players on the Playstation3 competition board and one set for winning players on the Xbox 360 competition board. All four entrants who advance to the Four Player round of racing will receive a prize. The two players who do NOT advance to the Two Player final round will both receive Third Place prizes consisting of Midnight Club LA prize packs worth US $50 dollars. The winner of the Two Player final round of racing will receive a Grand Prize US $500 “shopping spree” of products from RockstarWarehouse.com. The other player in the Two Player final round will receive a US $100 “shopping spree” of products from RockstarWarehouse.com. Approximate Retail Value (“ARV”) of all the prizes is US $1,400 / €1,075 (excluding Value Added Tax (“VAT”)). The winners may request NTSC or PAL gaming products when they designate their RockstarWarehouse.com prizes. The winner will be notified by email of the date they should expect to receive their prize. 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 seven (7) days of notification, or refuses to execute the applicable documents, the prize will be forfeited. 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.
Except where prohibited, 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 Tournament 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 Tournament, 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 Tournament, 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 Tournament 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 Tournament, 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 Tournament (including, without limitation, participation in the Tournament) 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 some countries such as 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. |
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| Winners List; Rules Request |
| A list of winners will be posted at www.rockstargames.com/socialclub/events no later than March 15, 2009 and until April 15, 2009. For a copy of the winners list, send a stamped, self-addressed, business-size envelope after March 15, 2009 and before April 15, 2009 to Sponsor at the address listed below, Attn: MCLA Starters Cup Winners List. To obtain a copy of these rules, visit www.rockstargames.com/socialclub/events or send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: MCLA Starters Cup Rules Request. |
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| General Rules |
| By entering the Tournament, 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. Except where prohibited by law, by participating in the Tournament, 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 Tournament 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 Tournament 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 Tournament; and (iii) any printing or typographical errors in any materials associated with the Tournament. Sponsor's decisions in all respects relative to the Tournament are final. Except where prohibited by law, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Tournament in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Tournament 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 Tournament, 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 Tournament, 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 Tournament), 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 Tournament, 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 Tournament is also subject to the Social Club’s Terms of Use available at www.rockstargames.com/legal/. |
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