PES 2012 Giveaway Official Rules (US)

ONLIVE GAME SERVICE
Pro Evolution Soccer 2012 Sweepstakes
OFFICIAL RULES

Please read the Official Rules (“Official Rules”) of the Pro Evolution Soccer 2012 Sweepstakes (“Sweepstakes”) sponsored by OnLive, Inc. (the “Sponsor”). You must agree to accept and comply with the Official Rules to participate in the Sweepstakes. By participating in the Sweepstakes, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Sweepstakes. Winning any prize is contingent upon fulfilling all requirements set forth herein.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE OR IMPROVE YOUR CHANCE OF WINNING. THE ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE SWEEPTSTAKES PERIOD. CONTEST BEGINS AT 4:01 PM PST ON JANUARY 23, 2012 AND ENDS AT 3:59 PM PST ON JANUARY 31, 2012.

1.            HOW TO ENTER: This is a two-tiered sweepstakes, each with its own registration database. The two tiers are “Game Demo Experience” (“GDE”) for users who demo Pro Evolution Soccer 2012 during the promotion period, and “Hardcore Gamer Experience” (“HGE”) for users who play Pro Evolution Soccer 2012 for three hours or more during the promotion period. To enter the Sweepstakes, simply play Pro Evolution Soccer 2012 on the OnLive Game Service during the promotion period, between January 23, 2012 at 4:01 PM PST and January 31, 2012 at 3:59 PM PST, and you (“Entrant”) will be automatically entered into the Sweepstakes in either the GDE registration database or the HGE registration database depending upon the duration of gameplay. Sponsor’s computer is the official time keeping device for the Sweepstakes. LIMIT: ONE ENTRY PER PERSON. All Entries become the exclusive property of the Sponsor and will not be returned. No purchase necessary to enter.

2.            SELECTION OF WINNERS: Ten winners will be selected from all eligible entries received in each tier in a random drawing to be conducted on or about February 1, 2012 by representatives of Sponsor, whose decisions are final on all matters relating to this Sweepstakes. Winners will be notified by using the contact information provided when registering for the OnLive Game Service.

3.            PRIZES:

Hardcore Gamer Experience Winners: Each HGE winner will receive an OnLive Gaming Package (approximate retail value (“ARV”) up to $180 each) which includes 1) the choice of either an OnLive Game System or an OnLive Universal Wireless Controller; 2) a Full Play Pass to any game, excluding pre-orders; 3) an Onlive Beanie/Hat and 4) a Pro Evolution Soccer 2012 T-shirt.

Game Demo Experience Winners: Each GDE winner will receive (1) a full PlayPass to Pro Evolution Soccer 2012; an OnLive Beanie/Hat; and a Pro Evolution Soccer 2012 T-shirt (ARV $70 each.)

Total ARV of all prizes: $5,000. Limit: one (1) prize per family or household. Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. Sponsor responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Taxes , if any, are the sole responsibility of prize winners. We will fulfill prizes within 8 weeks after determination of eligibility. The odds of winning depend upon the number of eligible entries received during the Sweepstakes period. A purchase will not increase your chances of winning.

4.            ELIGIBILITY: Contest open to individual legal residents of the contiguous United States who are age 18 or older at the time of entry and are members of the OnLive Game Service (“Entrant”). Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and household members of the Sponsor, and its subsidiaries, affiliates, distributors, and companies involved in the implementation and execution of the Sweepstakes (collectively “Sweepstakes Entities”) are not eligible. The Sweepstakes is void outside the continental US and where prohibited.

5.            VERIFICATION OF WINNERS AND DELIVERY OF PRIZES: Winners will be notified within 6 weeks of the drawing. Each winner will be required to sign a declaration of eligibility and liability release and, where permitted, a publicity release. Prize may be forfeited if winner is unable to or refuses to sign the declaration. Each winner agrees to use of his/her name, address, likeness and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law.

6.            GENERAL CONDITIONS/RELEASE: By participating, Entrant agrees to (a) release Sweepstakes Entities, their respective directors, officers, agents and employees from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by (i) Entrant’s participation, including unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use or misuse of the prize; (ii) any Sweepstakes Entities’ sponsorship or administration of the Sweepstakes; and (iii) Entrant’s and/or any third party’s use, sale or disposal of the prize; (b)acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prize (any written warranty by the manufacturer concerning the prize will be provided along with the prize). Neither Sweepstakes Entities nor any service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data, or omission, interruption, deletion, defect, online service or Website or any other error malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Sweepstakes.

CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Sweepstakes is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of Entrants, technical failures or any other causes which, in the opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to disqualify any suspect Entrant and/or to cancel, terminate, modify or suspend the Sweepstakes. In the event of any cancellation, termination or suspension, notice thereof will be posted at www.onlive.com. If the Sponsor decides to reconvene the Sweepstakes after a suspension, the determination of the prize winner will be made from among all eligible, non-suspect Entries received as of the date of the suspension, as Sponsor determines in its sole discretion. Entries not complying will all rules are subject to disqualification.

DISPUTES: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by appropriate court located in California; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-or-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of California without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.

7.            ENTRANTS’ PERSONAL INFORMATION: Information collected from Entrants is provided to OnLive and is subject to the OnLive Privacy Policy which can be found at http://www.onlive.com/legal/privacypolicy.

8.            WINNERS LIST: To obtain a list of winners’ names, send an email message to community@onlive.com and type “Pro Evolution Soccer 2012 Sweepstakes Winners” in the subject line. Such requests must be received by February 15, 2012.

9.            SPONSOR: OnLive, Inc., 181 Lytton Avenue, Palo Alto, CA 94301.

10.          QUESTIONS REGARDING THIS CONTEST? Send an e-mail to community@onlive.com.

Copyright © 2012 OnLive, Inc. All rights reserved.

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