The following promotion is intended for viewing in the 50 United States (excluding Arizona) and D.C. only and is construed and evaluated according to California law. Do not enter this Promotion if you are under 18 years of age, not a legal resident of, and located in, the 50 United States (excluding Arizona) or D.C. at the time of entry.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
By participating in the The Last of Us™ Remastered Photo Contest (the “Promotion”), each entrant (or his or her parent or legal guardian if the entrant is under the age of majority in his or her state of residence) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sony Computer Entertainment America LLC (“Sponsor”), which are final and binding in all respects. Sponsor is responsible for the collection and selection entries and the Promotion’s overall administration. Entrants should look solely to Sponsor with any questions, comments or problems related to the Promotion.
1. ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States (excluding Arizona) and the District of Columbia who are at 18 years of age or older and who (i) have a valid Twitter account, (ii) have a PlayStation®4 computer entertainment system with enabled ‘Share Button’ functionality, (iii) a valid Sony Entertainment Network (“SEN”) account, (iv) have a copy of “The Last of Us™ Remastered” videogame (only available for the PlayStation®4 system), and (v) are following “@Naughty_Dog” on Twitter. Entrants under the legal age of majority in their state of residence must have permission to enter the Promotion from their parent or guardian. Employees of Sponsor and its parent companies, affiliates, subsidiaries, and related companies, and agencies and immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) and those living in the same household, whether or not related, are not eligible to enter or win. Void in Arizona, all U.S. territories and possessions and overseas military installations, and where prohibited or restricted by law.
2. TIMING: The Promotion begins August 15, 2014 at 12:00PM (PST) and ends on September 5, 2014 at 11:59PM (PST) (the “Promotion Period”).
3. HOW TO ENTER:
3.1. Entrants must capture an in-game shot from the videogame “The Last of Us™ Remastered” (only available for PlayStation®4 system), and then edit the aforementioned in-game shot using the PlayStation®4 system “Photo Mode” functionality (“Entry Photo”). A tutorial video of Photo Mode is available at http://youtu.be/ZmAFhQmuBD4.
3.2. To enter Promotion, within the Promotion Period entrants must (i) send their Entry Photo via Twitter to @Naughty_Dog using the hashtag “#TLOUPhotoModeContest”, (ii) entrant’s tweet must contain text specifying which of the three categories they are submitting their Entry Photo for: Environmental, Action or Character, and (iii) share their Entry Photo via the ‘Share Button’ on the PlayStation®4 system.
3.3. To be valid, Entry Photos may not contain any image of any person (other than in-game characters from the video game “The Last of Us™ Remastered”).
4. ENTRY CONDITIONS: Multiple entries per person permitted. The authorized Twitter account holder used to enter the Promotion is deemed to be the entrant. The “authorized account holder” is the natural person assigned to an account by Twitter. Each potential winner may be required to show proof of being the authorized Twitter account holder.
5. WINNER SELECTION:
5.1. Sponsor will select four (4) potential Promotion winners: (i) Grand Prize Entry Photo to be selected from all eligible Entry Photos, regardless of submission category, (ii) Best Environmental Photo, (iii) Best Character Photo, and (iv) Best Action Photo, each selected from the respective submission category’s Entry Photos (“Potential Winners”). The Entry Photo awarded the Grand Prize is not eligible to win any other prize.
5.2. After the Promotion Period, Sponsor will be select the Potential Winners from the pool of eligible Entry Photos submitted during the Promotion Period by a panel of video game professionals selected by Sponsor. Entry Photos will be judged on composition (25%), artistic merit (25%) and creativity (50%) (collectively, “Judging Criteria”). On September 25, 2014 at approximately 6:00PM (PST), Potential Winners will be (i) announced on Twitter from @Naughty_Dog, and (ii) contacted by @Naughty_Dog via direct message to the Twitter account used to enter the Promotion.
5.3. If a Potential Winner is determined by Sponsor in its sole discretion to be unqualified to participate in the Promotion, or does not claim their prize by responding affirmatively to Sponsor via Twitter within 48 hours’ of the day and time that Sponsor sent the Potential Winner notification, then the Potential Winner will be disqualified and a new Potential Winner will be selected from the applicable pool of eligible Entry Photos by the aforementioned panel of video game professionals in accordance with the Judging Criteria.
6. ODDS OF WINNING: The odds of winning depend on the total number of eligible entries received.
7.1. The Grand Prize winner will receive (i) one (1) poster size image of the entrant’s winning Entry Photo signed by the Naughty Dog team, (ii) one (1) Joel and Ellie statuette, (iii) a download code redeemable for (1) digital copy of The Art of The Last of UsTM book, and (iv) one (1) “The Last of Us™” steelbook (collectively “Best Overall Prize”). Total approximate retail value of Best Overall Prize is USD$165.00.
7.2. The winner of the Best Environmental category will receive (i) one poster size image of the entrant’s winning Entry Photo signed by the Naughty Dog team, (ii) a download code redeemable for one (1) digital copy of The Art of The Last of UsTM book, and (iii) one (1) “The Last of Us™” steelbook (collectively, “Best Environmental Prize”). Total approximate retail value of Best Environmental Prize is USD$35.00.
7.3. The winner of the Best Character category will receive one (i) one poster size image of the entrant’s winning Entry Photo signed by the Naughty Dog team, (ii) a download code redeemable for one (1) digital copy of The Art of The Last of UsTM book, and (iii) one (1) “The Last of Us™” steelbook (collectively, “Best Character Prize”). Total approximate retail value of Best Environmental Prize is USD$35.00.
7.4. The winner of the Best Action category will receive one (i) one poster size image of the entrant’s winning Entry Photo signed by the Naughty Dog team, (ii) a download code redeemable for one (1) digital copy of The Art of The Last of UsTM book, and (iii) one (1) “The Last of Us™” steelbook (collectively, “Best Character Prize”). Total approximate retail value of Best Action Prize is USD$35.00
7.5. Prize fulfillment is based on availability. To receive their signed posters, Potential Winners must provide their mailing address via Twitter direct message to @Naughty_Dog. Sponsor will (i) provide one (1) download code redeemable for one (1) digital copy of the “The Art of The Last of Us” book (redeemable only at https://digital.darkhorse.com/accounts/login/?next=/redeem/, free Dark Horse account required for redemption) to winners by direct message to the Twitter account used to enter the Promotion, and (ii) mail entrant’s steelbook and winning Entry Photo poster signed by Naughty Team to the mailing address provided by winner. Please allow 6 - 8 weeks for prize delivery. Taxes on prize, if any, are solely the responsibility of the winner. Winners of a prize valued at $600 or more will receive a Federal Tax Form 1099. We recommend that you consult with your tax advisor if you have further questions. Sponsor reserves the right to substitute a prize of equal or greater value if a prize is unavailable. Sponsor may disqualify a winner and select an alternate winner if any prize is returned undeliverable. Prizes are non-transferable. Sponsor need not substitute a prize based on the winner’s request.
8. REQUIRED DOCUMENTATION: The potential winning entrant may be required to complete an Affidavit of Eligibility and Release (“Affidavit”) in accordance with the instructions listed in the notification correspondence. Any entrant who fails or refuses to sign and return the required documentation within the time period as specified by Sponsor will be disqualified. If a potential winning entrant is considered a minor in the legal jurisdiction in which the entrant resides, then that entrant’s parent or legal guardian may be required to execute and return the Affidavit. Non-compliance with these Official Rules or failure to return all required documentation by the stated deadline or Sponsor’s inability to contact an entrant via Twitter within a reasonable time period, as determined in Sponsor’s sole discretion may result in disqualification and the forfeiture of the prize.
9. GRANT OF RIGHTS: Each entrant is responsible for his or her Entry Photo and the consequences of posting or publishing it. In connection with the Entry Photo, each entrant affirms, represents, and warrants that entrant owns or has the necessary licenses, rights, consents and permissions to use the Entry Photo in the manner contemplated by Sponsor and this Promotion. By submitting an Entry Photo to Sponsor, entrant (i) waives any and all rights in and to any material (including the Entry Photo) submitted by entrant in connection with this Promotion (including all moral and other rights of authorship); (ii) hereby acknowledges and agrees that Entry Photos (including any other material submitted by entrant in connection with the Promotion) become Sponsor’s property and will not be returned; and (iii) grants Promotion Entities (defined below) the absolute right to edit, modify, publish, exploit and use an entrant’s, voice, actions, likeness, name, appearance, biographical material, and information or materials that entrant has provided or may provide in connection with this Promotion in any media, now known or hereafter devised, and in any manner, without further approval, permission or consideration, throughout the universe in perpetuity. Sponsor is under no obligation to use an Entry Photo.
10. PHOTO SUBMISSIONS: Each Entry Photo submitted: (i) must be in keeping with the Sponsor’s image (as Sponsor determines in its sole discretion), (ii) may not be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, contain nudity, unlawful or plagiarized, (iii) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, (iv) may not violate or encourage others to violate any law, statute, ordinance or regulation, (v) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property right or any other third party right, (vi) may not contain commercial or corporate advertising, including display of corporate logos, brand names and slogans, other than those relating to Sponsor, (vii) must not include visual references to alcoholic beverages, tobacco, drug paraphernalia, firearms or any depiction or representation thereof and (viii) may not include any virus, worm, corrupt file, Trojan horse or other forms of corruptive code or content that may harm or compromise Sponsor or the proper conduct of the Promotion. Sponsor reserves the right to verify the accuracy or truthfulness of any information contained within an Entry Photo. Sponsor has the right in its sole discretion to determine if any Entry Photo is not appropriate for public release and if Entry Photo is in compliance with these Official Rules. Sponsor reserves the right to disqualify an Entry Photo for any reason. Sponsor’s decisions are final and binding with respect to all matters relating to this Promotion.
11. PUBLICITY: Except where prohibited, participation in the Promotion constitutes entrant’s consent to Sponsor’s and its agents’ use of the entrant’s name, likeness, photograph, voice, opinions and hometown and state and any other information submitted to Sponsor by entrant for promotional purposes, or on a winner’s list, if applicable, in any media, worldwide, without further payment or compensation.
12. GENERAL CONDITIONS: Potential winning entrants are subject to Sponsor’s verification. Sponsor’s decisions are final and binding in all matters related to the Promotion. Potential winners must comply with the Official Rules, and receipt of prizes is contingent upon fulfilling all requirements. Sponsor is not responsible for technical, hardware or software failures, malfunctions, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or unforeseen schedule changes that may limit an entrant’s ability to participate in the Promotion, even if caused by Sponsor’s negligence. Sponsor has the sole discretion to modify, cancel or suspend this 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 incapable of running the Promotion as planned. Sponsor is not responsible for changes to entrant’s contact information. Any individual who attempts or otherwise encourages, directly or indirectly, the submission of false entries, as determined by Sponsor, will be disqualified. Sponsor has the sole discretion to disqualify any entrant who tampers with the entry process. Sponsor has the sole discretion to disqualify entrants who violate these Official Rules, tamper with the operation of the Promotion or engage in any conduct that is deemed detrimental or unfair to Sponsor, the Promotion or any other entrant.
13. RELEASE: As a condition of participating in the Promotion, entrants release the Sponsor and its respective affiliates, subsidiaries, parent corporations, advertising and promotional agencies, and all of their officers, directors, shareholders, members, employees, and agents (collectively, the “Promotion Entities”) from liability, for loss, harm, damage, injury, cost or expense whatsoever including property damage, personal injury and death that may occur in connection with, preparation for, travel to, or participation in the Promotion, or possession, acceptance or use of prizes or participation in any Promotion-related activities and claims based on publicity rights, copyright or trademark infringement, defamation or invasion of privacy and merchandise delivery.
14. LIMITATION OF LIABILITY: The Promotion Entities are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; lost, stolen, mutilated, mis-delivered, postage due, illegible, incomplete or untimely entries that may limit entrant’s ability to participate in the Promotion, even if caused by Sponsor’s negligence; failures, omissions, interruptions, deletions, or defects of any telephone network, computer online system, computer equipment, servers, providers, or software, including any injury or damage to entrant's or any other person's computer relating to participation or inability to participate in the Promotion; inability to access the Site or upload information or data; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction or traffic congestion on telephone lines or the Internet or any website (including the Site) or for any other reason whatsoever; printing or other errors; or any combination thereof. Proof of uploading information or data or entering information at the Site is not considered proof of delivery or receipt. Illegible, duplicate and incomplete entries will be disqualified. False, fraudulent, or deceptive entries or acts, as determined by Sponsor, render entrants ineligible and all associated entries will be void.
16. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or Sponsor in connection with this Promotion are governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) that would cause the application of any other state’s laws. Entrants hereby submit to the exclusive jurisdiction and venue of the Federal and State Courts in San Mateo, California for the purposes of any suit related to the Promotion and waive any claim that they are not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
17. WINNER LIST: To obtain a winner list by mail, send a stamped, self-addressed envelope to “The Last of Us™ Remastered - Photo Mode Contest”, Attn: Wilson Cheng, 2207 Bridgepointe Parkway, San Mateo, CA 94404. Sponsor will send requested winner lists within 4-6 weeks after all prizes are awarded. Requests for the winner list must be received by October 31, 2014.
18. SPONSOR: Sony Computer Entertainment America LLC, 2207 Bridgepointe Parkway, San Mateo, CA 94404.