This Thief Mod Competition End-User License Agreement (“EULA”) sets out the terms upon which we, Square Enix Limited, have agreed to allow you, the person reading this EULA, to download and play the game, Thief: Gold (“Game”), and create mods, plugins and tools (“Mods”) for the Game (see paragraph 1.3 below) for the Thief Mod Competition held from February 17, 2014 at http://thiefmodcompetition.com/ (“Competition”). It’s important that you read this EULA as, by participating in the Thief Mod Competition and/or downloading a copy of the Game, you will be agreeing to be bound by this EULA. If you don’t agree with any of the rules set out in this EULA, then please don’t download a copy of our Game.
Every now and then we may decide to change the rules that are set out in this EULA for one reason or another. If we do, we’ll post an updated EULA on this website which will govern your use of the Game thereafter. Please regularly check this website to make sure that you’re prepared to accept the rules that are set out in this EULA. If you’re not prepared to do so then you’ll need to stop playing the Game and promptly delete the copy of the Game that you’ve downloaded.
This rule is really important and, if you fail to comply with it, we may be forced to revoke the license we’ve granted to you and instruct our lawyers to get in touch.
IMPORTANT! Please read these rules before entering the Thief Mod Competition 2014 (the "Competition"). By entering the Competition, you agree to be bound by these Official Competition Rules and represent that you satisfy all of the eligibility requirements.
The ARVs are subject to change based on current market conditions at time of prize fulfillment. Any difference between the ARVs and the actual values, if any, will not be awarded. All federal, state and local taxes are solely Winner's responsibility.
Grand Prize Winner must possess valid travel documents and provide an Affidavit of Eligibility and Certificate of Release in order to travel. All travel dates must be completed by no later than December 31, 2014. Other travel restrictions may apply. ARRANGEMENTS FOR THE FULFILLMENT OF THE PRIZES WILL BE MADE BY SQUARE ENIX. Grand Prize Winner must agree to comply with all venue rules and regulations and agree not to act in a disruptive manner. All costs and expenses not specifically listed above as part of the prizes, including, without limitation, meals, snacks, beverages, mini-bar, entertainment, tips, gratuities, souvenirs, personal expenses, damages to hotel rooms, baggage fees, departure taxes and fees, any equipment to be used in connection with the prizes are solely Grand Prize Winner's responsibility. The ARVs are subject to change based on current market conditions at time of prize fulfillment, as well as, the time of travel and the distance between departure and E3 Destination and Studio Destination Further, Grand Prize Winner will be responsible for obtaining and paying for any life, travel, car, accident, property, or other form of insurance relating to the Grand Prize.
NO PURCHASE NECESSARY TO ENTER OR WIN. COMPETITION OPEN TO LEGAL RESIDENTS OF THE U.S. MUST BE 18 OR ABOVE. IF YOU ARE NOT A RESIDENT OF THESE AREAS, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND SQUARE ENIX RESERVES THE RIGHT NOT TO AWARD PRIZES TO CONTESTANTS WHO RESIDE IN OTHER JURISDICTIONS. If you are under the legal age of majority in your state of residence (a "Minor"), your parents or legal guardians must read, understand, and agree to these Competition rules. To be eligible to win a prize, entries must be completed and received by Square Enix in the format designated below. Directors, officers, and employees of Square Enix, The Dark Mod, Amazon Services LLC ("Amazon"), and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate family members of each are not eligible to win any prizes. Members, affiliates, immediate family members of The Dark Mod are not eligible to win any prizes. All applicable federal, state, and local laws and regulations apply. Offer void where prohibited.
The Competition period is from February 17, 2014 to April 14, 2014 at 11:59 pm. (Pacific Time) (the "Deadline"). All entries must be received by the Deadline to be eligible to win a prize. Square Enix at its discretion, may determine the valid and official entry time, should any discrepancies of time occur.
Eligible contestants will be eligible to win the prizes described in the summary above.
Odds of winning a prize depend on the number of eligible entries received. ALL FEDERAL, STATE, AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes will be awarded after winners are announced. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Square Enix reserves the right to substitute a prize of equal or greater value for any prize listed in the table above. Prizes won by a Minor (as determined by the laws of the contestant's state of residence) will be awarded to a parent or legal guardian on the Minor's behalf. Actual retail value of prizes may vary due to market conditions at the time prizes are awarded. All prizes are awarded "AS IS" and WITHOUT ANY WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.
IN NO EVENT WILL THE COMPETITION WINNERS BE ENTITLED TO ANY FEE, ROYALTY, OR OTHER COMPENSATION OF ANY KIND AS A RESULT OF THE COMPETITION. BY ENTERING, EACH CONTESTANT (AND, IF A MINOR, HIS OR HER PARENT OR LEGAL GUARDIAN) IRREVOCABLY WAIVES ANY RIGHT TO COMPENSATION FOR SQUARE ENIX OR AMAZON'S USE OF SUCH CONTESTANT'S ENTRY MATERIALS (AS DEFINED BELOW) IN ACCORDANCE WITH THESE RULES.
You grant Square Enix a right to use all entries and other materials (the "Entry Materials") (including all copyright, trademark, and other proprietary rights associated therewith) submitted by you in regards to this Competition. Further, you grant Amazon a royalty-free, sublicenseable right to use, reproduce, transmit, modify, and display your entry in any manner and in any medium, including your video, Mod, and entrant name, for the purposes of advertising and/or promoting the Competition. Any physical submissions of the Entry Materials will not be returned to any entrant. Without limiting the generality of the foregoing, you acknowledge that Square Enix will own all rights to use, modify, and make derivative works of the Entry Materials, without separate compensation to you or any other person or entity. You agree to take, at Square Enix's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Square Enix to effect, perfect, or confirm Square Enix's usage rights as set forth above in this paragraph.
You hereby warrant and represent that (a) as between you and parties other than Square Enix, you own all rights to all Entry Materials submitted by you; and (b) other than the fact that all intellectual property embodied in and related to the THIEF videogame series, including all copyrighted works and trademarks and derivative works thereof, are the exclusive property of Square Enix, all such Entry Materials are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate, or infringe any copyright, trademark, or other proprietary right of any other person or entity.
By entering the Competition, you (and, if you are a Minor, your parents or legal guardians) release Square Enix, Amazon, other participating sponsors, , Advanced Micro Devices, Inc a/k/a AMD, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees, and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Competition, use of any 3rd party website or software, or acceptance, possession, or use of 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. IF YOU ARE A MINOR, YOUR PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO INDEMNIFY EACH OF THE RELEASED PARTIES FROM ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH THAT MAY BE SUFFERED BY YOU.
Actual model, color, accessories, and features of the gaming-related merchandise awarded as prizes shall be selected by Square Enix or its marketing partners, at their discretion and may vary from photos or images shown in the Competition materials and advertising including the SQUARE ENIX and/or AMAZON web site.
Except where prohibited by law, entry into the Competition constitutes permission for Sponsor to use the winners' names, addresses, likenesses, 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, winners may be required to execute consent to the use of their name, address, likeness, and/or prize information, without limitation, for promotional purposes without further permission or compensation. Each Winner acknowledges that the products related to, and the trademark rights in, the SQUARE ENIX® and THIEF marks are exclusive to Sponsor or its licensors and include, but are not limited to, the rights to use, reproduce, sell, distribute, broadcast, display, and make derivative works of THIEF, without compensation to the Winner.
As a condition of being awarded any prize, winners (and if winner is a Minor, winner's parent or legal guardian) may be required to execute and deliver to Square Enix a signed Affidavit of Eligibility and acceptance of these Official Competition Rules and release of liability.
For a copy of the winners list, send a stamped, self addressed, business size envelope after April 21, 2014 and before June 30, 2014 to Square Enix at the address listed below (Attention: Thief Mod Competition 2014 Winners List). To obtain a copy of these rules, send a stamped, self addressed business size envelope to Square Enix at the address listed below (Attention: Thief Mod Competition 2014 Official Rules Request). Residents of the states of Washington and Vermont may omit return postage.
The Competition and all accompanying Competition materials are Copyright © 2014 by Square Enix, Inc. All Rights Reserved.
The Competition and these Official Competition Rules will be governed, construed, and interpreted under the laws of the United States. Contestants agree to be bound by these Official Competition Rules and by the decisions of Square Enix, which are final and binding in all respects. Square Enix reserves the right to change these Official Competition Rules at any time, at their discretion, and to suspend or cancel the Competition or any contestant's participation in the Competition should viruses, bugs, unauthorized human intervention, or other causes beyond Square Enix's control affect the administration, security, or proper play of the Competition or Square Enix otherwise become, as determined at their discretion, incapable of running the Competition as planned. Contestants who violate these Official Competition Rules, tamper with the operation of the Competition, or engage in any conduct that is detrimental or unfair to Square Enix, the Competition, or any other contestant, in each case as determined in Square Enix's discretion, are subject to disqualification from entry into the Competition. Square Enix reserves the right to disqualify persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Competition. If you have any questions about these Official Competition Rules or the Competition, please send written questions to Square Enix at the address set forth below.
Square Enix reserves the right to change, suspend, or cancel the Competition if, in Square Enix's discretion, intervening circumstances warrant such change, suspension, or cancellation. Intervening circumstances include, but are not limited to, strikes, labor disputes, war, insurrections, revolutions, terrorism, riots or other civil disturbances, earthquakes, fires, floods, or other natural disasters, governmental restrictions, embargoes or other exercises of governmental authority, unavailability of supplies, components, or material, or any other cause beyond Square Enix's control.
Square Enix, Amazon, AMD, The Dark Mod, and all participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees, and agencies will not be responsible for: (a) any late, lost, misrouted, garbled, or distorted or damaged transmissions or entries; (b) any software or source code malfunctions, bugs, viruses, malware; (c)telephone, electronic, hardware, software, network, Internet, or other computer or communications related malfunctions or failures; (d) any Competition disruptions, injuries, losses, or damages caused by events beyond the control of Square Enix or other participating sponsors; or (e) any printing or typographical errors in any materials associated with the Competition.
The sponsor of the Competition is Square Enix, Inc. Amazon is not a sponsor of this Competition. Square Enix is a leading developer and publisher of digital entertainment content. Correspondence regarding the Competition or these Official Competition Rules may be directed to the following address:Square Enix, Inc.