PROFESSOR LAYTON AND THE LAST SPECTER™
PUZZLE CONTEST
OFFICIAL RULES
Important: Please read these Official Rules before entering this promotion (the "Promotion"). By participating in the Promotion, 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 PROMOTION.
1. Eligibility. PURCHASE WILL NOT INCREASE ODDS OF WINNING. PROMOTION VOID WHERE PROHIBITED. PROMOTION OPEN ONLY TO RESIDENTS OF THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST 13 YEARS OF AGE. 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. If you are under the legal age of majority in your state of residence (a "Minor"), prior to awarding a prize in connection with your entry, one of your parents or legal guardians must submit a signed, written statement that they have read, understood and agree to these Official Rules, and that such agreement constitutes acceptance of these Official Rules on behalf of you and themselves. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and 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 and local laws and regulations apply.
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 Promotion 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 Promotion.
3. Promotion Period: The Promotion period is from 3:00 PM (all times Pacific Time) on September 27, 2011 to 10:00 AM on September 30, 2011 (the "Promotion Period"). The Promotion Period consists of the following three rounds (each, a "Round"):
- "Round 1" starts at 3:00 PM on September 27, 2011 and ends at 10:00 AM on September 28, 2011.
- "Round 2" starts at 3:00 PM on September 28, 2011 and ends at 10:00 AM on September 29, 2011.
- "Round 3" starts at 3:00 PM on September 29, 2011 and ends at 10:00 AM on September 30, 2011.
All entries must be received during the applicable Round and meet the other requirements in these Official Rules to be eligible to win a prize offered in the Round or advance to the next Round. For example, entrants are eligible to participate in Round 2 only if they were one of the first twenty-five (25) eligible entrants to correctly answer the puzzle in Round 1, and entrants are eligible to participate and potentially win in Round 3 only if they were one of the first ten (10) eligible participants in Round 2 to correctly answer the puzzle in Round 2.
4. Prizes:
- Second Prizes: The twenty-five (25) winners of Round 1 will each receive the following Second Prize: One (1) Professor Layton t-shirt. Approximate retail value (“ARV”) of each Second Prize: $20
- First Prizes: In addition to a Second Prize, the ten (10) winners of Round 2 will each receive the following First Prize: One (1) Professor Layton and the Eternal Diva™ movie DVD. ARV of each First Prize: $20.
- Grand Prize: In addition to a First Prize and a Second Prize, the one (1) winner of Round 3 will receive the following Grand Prize for the winner and a guest: two (2) round trip coach airfare tickets from a major U.S. commercial airport closest to the Round 3 winner’s home (determined in Sponsor’s sole discretion) to New York, New York (however, winners who live within 100 miles of New York City will receive ground transportation to New York City in lieu of airfare tickets); three (3) night accommodations at a hotel in the greater New York City metropolitan area (standard room, double occupancy); ground transportation between the airport and hotel in New York city; admission for two (2) to the 2011 New York Comic Con convention on October 14-16, 2011; admission for two (2) to Nintendo’s private screening of the new movie Professor Layton and the Eternal Diva™ to be held on October 14, 2011; and two (2) copies of the Professor Layton and the Last Specter™ video game (the "Trip"). ARV of the Grand Prize: $2,500.
- Sponsor will select the airports, airlines, ground transportation, dates and times of travel and hotel for the Trip. Travel restrictions, conditions and limitations may apply. Hotel accommodations are for the nights of October 13, 14 and 15, 2011; Sponsor will pay only the nightly hotel rate and taxes. All other incidental hotel expenses are the responsibility of the Grand Prize winner. If the Grand Prize winner is a Minor, the winner’s parent or legal guardian must accompany the Minor throughout the Trip (either as the winner’s guest or through separate travel arrangements made by such parent or legal guardian). If the Grand Prize winner’s guest is a Minor, the parent or legal guardian of the guest must accompany the Minor throughout the Trip (either because the guest’s parent or legal guardian is the Grand Prize winner or through separate travel arrangements made by such parent or legal guardian). The Grand Prize winner will be required to sign an affidavit of eligibility and liability release and the winner’s guest will be required to sign a liability release prior to taking the Trip. If the Grand Prize winner or guest is a Minor, the winner or guest’s parent or legal guardian must also sign the liability release. The Grand Prize winner is responsible for ground transportation to and from his or her home departure airport, meals, and all other expenses that winner or winner’s guest incurs in connection with the Trip. Sponsor will not be responsible if the winner or the winner’s guest misses the Trip for any reason.
Total ARV of all Promotion prizes: $3,200.
5. Odds; Taxes; Etc. Odds of winning a prize depend on the correctness and timeliness of entrant answers to Puzzle(s) (defined below). ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERR. All prizes will be awarded, provided Sponsor receives sufficient correct, eligible entries for each Round. Each prize may, in Sponsor’s sole discretion, be forfeited and awarded to an alternate winner if the prize is returned as undeliverable or otherwise not claimed within twenty-four (24) hours of each Round or, alternatively, if three (3) attempts to contact winner by direct message via Twitter with the prize notification are not successful. 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. Prizes won by a Minor will be awarded to a parent or legal guardian on the Minor’s behalf. Limit one winner per household or address. 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).
6. Identity of Entrant. In the event of a dispute about the identity of the entrant, entries made online will be declared made by the authorized account holder of the e-mail address associated with the entrant’s Twitter.com account 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: To enter, you must:
- Step 1: Be a registered user of Twitter.com. (If you are not a registered user of Twitter, simply visit https://twitter.com/signup to register for free.)
- Step 2: Follow Sponsor on Twitter at @NintendoAmerica.
- Step 3: Send a direct (private) Twitter message from your Twitter page containing an answer to Sponsor’s tweeted puzzle from the Professor Layton and the Last Specter™ video game (each a "Puzzle ") during each Round that you are eligible to participate in. To send a direct Twitter message to Sponsor from your Twitter page containing your answer: (a) visit your Twitter page and click the "Messages" button, (b) click "New Message," (c) enter the recipient "@NintendoAmerica", and (d) type your answer and click "Send." You may only submit one answer per Puzzle that you are eligible to answer. Do not include personal information in your answers, including, without limitation, your name, e-mail address, or contact information.
If any entrant is found to have used multiple or different Twitter usernames, Twitter accounts, or other applicable accounts to submit more than one answer per Puzzle, such entrant and his/her answers will be disqualified.
8. Promotion Rules: The Promotion consists of three Rounds, and Sponsor will post Puzzles during each Round on Sponsor’s Twitter page at @NintendoAmerica as explained below. Only Round 1 winners are eligible to participate and potentially win in Round 2, and only Round 2 winners are eligible to participate and potentially win in Round 3.
- Round 1: Sponsor will post the Puzzle for this round on Sponsor’s Twitter page at @NintendoAmerica at 3:00 PM on September 27, 2011. Each of the first twenty-five (25) eligible entrants to correctly answer this Puzzle pursuant to these Official Rules will be considered a Round 1 winner, will be awarded a Second Prize, and will be eligible to participate in Round 2, provided the entrant follows the instructions contained in his or her winner notification.
- Round 2: Sponsor will post the Round 2 Puzzle on Sponsor’s Twitter page at @NintendoAmerica at 3:00 PM on September 28, 2011. Each of the first ten (10) eligible entrants to correctly answer this Puzzle pursuant to these Official Rules will be considered a Round 2 winner, will be awarded a First Prize, and will be eligible to participate in Round 3, provided the entrant follows the instructions contained in his or her winner notification. The Puzzle for Round 2 will be posted on Sponsor’s Twitter page (@NintendoAmerica) for all followers to see, but Sponsor will only consider eligible answers submitted by Round 1 winners when determining the Round 2 winners.
- Round 3: Sponsor will post the Round 3 Puzzle on Sponsor’s Twitter page at @NintendoAmerica at 3:00 PM on September 29, 2011. The first one (1) eligible entrant to correctly answer this Puzzle pursuant to these Official Rules will be considered the Round 3 winner and will be awarded the Grand Prize, provided the entrant follows the instructions contained in his or her winner notification. The Puzzle for Round 3 will be posted on Sponsor’s Twitter page (@NintendoAmerica) for all followers to see, but Sponsor will only consider eligible answers submitted by Round 2 winners when determining the Round 3 winner.
(All times are Pacific Time.) .
Sponsor reserves the right, in its sole and absolute discretion, to disqualify any entries that are inappropriate for any reason or associated with inappropriate entrant content on Twitter.com, including, without limitation, entries or entrant Twitter pages or postings that contain, depict, describe, mention, or refer to profane, sexually explicitly, hateful, defamatory, or discriminatory material or are otherwise not appropriate for or consistent with Sponsor’s brand image.
The winners in each Round will be notified by direct message via Twitter during or within about twenty-four (24) hours after the end of each Round. To claim a prize and/or proceed to the next Round (if applicable), each winner must follow the instructions contained in his/her notification, including by taking any winner verification steps required by Sponsor.
If, during any Round, fewer entrants respond correctly than there are prizes for that Round (e.g., 7 entrants respond correctly during Round 2 when 10 First Prizes are available), each entrant who responds correctly will receive the prize for that Round and will be eligible to participate in the next Round. If no entrants provide a correct answer to the Puzzle during Round 3, Sponsor will pick a day and time to post a new Puzzle and will notify each eligible entrant who did not provide a correct answer by direct Twitter message with the posting details. Once the new Puzzle is posted, the first eligible entrant to correctly answer the new Puzzle will receive the Grand Prize. This process will repeat, if necessary, until the Round 3 prize is won.
If, during any Day, fewer entrants respond correctly than there are prizes for that Round (e.g., 9 entrants respond correctly during Day 1 when 10 prizes are available), each entrant who responds correctly will receive a prize for that Day.
This Promotion is in no way sponsored, endorsed or administered by Twitter, Inc. You understand that by using and interacting with www.twitter.com, you are subject to the terms, conditions, and policies that govern the use of www.twitter.com. You should therefore review the applicable terms and policies forwww.twitter.com, including privacy and data gathering practices, before using or interacting with the site.
10. Representation and Warranty. You (and, if you are a Minor, your parent or legal guardian) hereby warrant and represent that your entry message(s) does/do not and will not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.
11. General Release. By entering the Promotion, you (and, if you are a Minor and potential winner, your parents or legal guardians) 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 Promotion 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.
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 WHICH MAY BE SUFFERED BY YOU.
12. Use of Winner’s Name, Likeness, etc. Except where prohibited by law, entry into the Promotion constitutes permission to use each winner’s name, Twitter name or handle, hometown, likeness and/or prize information, without limitation, in connection with the Promotion and for any promotional purpose(s) without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, each winner (and if winner is a Minor, winner’s parent or legal guardian) may (in Sponsor’s sole discretion) be required to execute a consent to the use of such winner’s name, Twitter name or handle, hometown, likeness and/or prize information, without limitation, in connection with the Promotion and for any promotional purpose(s) without further permission or compensation.
13. Affidavit & Release. As a condition of being awarded any prize, each winner (and if winner is a Minor, winner’s parent or legal guardian) may (in Sponsor’s sole discretion) 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.
14. Winner List; Rules Request. For a copy of the winner list, a stamped, self-addressed, business-size envelope after October 1, 2011 and before October 1, 2012 to Sponsor at the address listed below, Attn: "Professor Layton and the Last Specter" Puzzle Contest Winner List. To obtain a copy of these rules, send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: "Professor Layton and the Last Specter" Puzzle Contest Rules Request. Residents of VT may omit return postage.
15. Intellectual Property Notice. NINTENDO is a trademark of Nintendo of America Inc. The Promotion and all accompanying materials are copyright © 2011 by Nintendo of America Inc. All rights reserved. PROFESSOR LAYTON AND THE LAST SPECTER is a trademark of Level-5 Inc.
16. Miscellaneous. The Promotion and these Official Rules will be governed, construed and interpreted under the laws of the state of Washington, U.S.A. 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 Promotion or any entrant’s participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Promotion, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Promotion as planned. Notwithstanding the foregoing, Sponsor reserves the right to amend, modify, or cancel the Promotion at any time without notice. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other entrant (in each case as determined in Sponsor’s sole discretion) are subject to disqualification from entry in the Promotion. 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 Promotion. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Promotion, please send written questions to the address listed below, Attn: "Professor Layton and the Last Specter" Puzzle Contest Question.
17. Sponsor: Nintendo of America Inc., 4600 – 150th Avenue NE, Redmond, Washington 98052