posted this on February 6, 2012, 13:57
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
The CheckMate 3ds Max Tools Contest (the “Contest”) is open only to individuals who are eighteen (18) or older as of date of entry and who do not reside in Cuba, Iran, North Korea, Sudan, and Syria. VOID IN CUBA, IRAN, NORTH KOREA, SUDAN, SYRIA, AND where prohibited, taxed or restricted by law. Employees, officers and directors of TurboSquid, Inc. ("Sponsor") and its parent company or companies, subsidiaries, affiliates, partners, advertising and promotion agencies, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.
2. Start/End Dates.
The Promotion begins on February 7, 2012 at 12:00am Central Daylight Time (“CT”) and ends on March 31, 2012 at 12:00am CT (the "Promotion Period").
3. How to Enter.
During the Promotion Period, create a member account on Sponsor’s website located at http://www.turbosquid.com (the “Website”) (or use your existing account if you have one), then visit the Contest page at http://www.turbosquid.com/CheckMate-Tools-Contest, fill out the online entry form (including your name and e-mail), check the box to verify that you are over eighteen (18) years of age and comply with the Contest eligibility requirements, read and agree to the Official Rules, and follow the instructions to submit your CheckMate Tool program (“Program”). All entry information and Programs shall be collectively referred to herein as the "Submissions" or each as a "Submission." You may submit multiple Submissions per day during the Promotion Period. Limit one (1) prize per person. An entrant with more than one Submission in consideration for the Prizes (as defined below) will be awarded the highest prized earned.
By entering, each entrant warrants and represents the following with respect to their Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) subject to any code and parts of tools available for entrant’s use and download at http://www.turbosquid.com/CheckMateTools (which entrant has a limited license to use solely to incorporate in his/her Submission in this Contest), the Submission is entrant's own creation and is 100% original; (c) the Submission will not infringe on any rights of any third parties; (d) the Submission has not been and will not be submitted to any other contest or to a competing stock 3D website; and (e) the Submission is not currently available and shall not be made available under a GNU or equivalent public license.
Providing a Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, exclusive license to use, reproduce, distribute, modify, publish, create derivative works from and display such Submissions in whole or in part, on a worldwide basis, and to incorporate them into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, without additional notice or consideration, in perpetuity. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the exclusive rights entrant is granting to use the Submission. Notwithstanding the foregoing, entrant may use the Submission for personal, non-commercial use. By entering, each entrant grants Sponsor the right, but not the obligation, to use entrant's Website member name, name, likeness, Submission, picture, portrait and/or photo, voice, biographical information and/or any statements made by each entrant, in connection with the Contest, worldwide, in any media now known or hereafter developed, including the Internet, in perpetuity, without limitation and without further payment or consideration, except where prohibited by law..
All entrants must have a valid e-mail address. No automated entry devices and/or programs permitted. All entries, including Submissions, become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
4. Submission Guidelines and Content Restrictions:
By uploading your Submission, you agree that your Submission conforms to the Content Restrictions and the Submission Guidelines (set forth below), and the Contest Entry Requirements (“Contest Entry Requirements”) located at: [http://support.turbosquid.com/entries/20926151], and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Content Restrictions, Submission Guidelines and Contest Tools Specifications. Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria.
Each Program must be submitted as an .ms or .mcr file.
The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
The Submission must not in any disparage Sponsor or any other person or party affiliated with the promotion and administration of this Contest; and
The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant's Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity. Sponsor's decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
5. Judging/Judging Criteria.
Sponsor will review all eligible Submissions received during the Promotion Period and in its sole discretion will select three (3) potential winners from among all eligible Submissions based on the Judging Criteria (defined below).
All Submissions will be judged based on the following equally-weighted judging criteria (“Judging Criteria”): (a) Error-free script; (b) Number of Target Features met; (c) Elegance of solution; (d) Intelligent user interface; (e) Ease of use; (f) Clean, readable output; and (g) Speed of script running time. In the event of a tie, the Submission with a higher Speed of script running time score will break the tie.
One (1) Grand Prize: A check for $1,000 made out to the winner. Approximate Retail Value ("ARV"): $1,000. One (1) First Prize: A check for $500 made out to the winner. ARV: $500. One (1) Second Prize: A check for $250 made out to the winner. ARV: $250. Total ARV of all Contest prizes: $1,750.00.
For all prizes: Prizes are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize or a component thereof for one of equal or greater value should it become unavailable for any reason. Winners are responsible for all federal, state and local taxes, fees and other expenses not listed herein associated with prize receipt and/or use.
Winner will be notified by e-mail on or about April 30, 2012 and will be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within seven (7) days of prize notification. If winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian. If winner cannot be contacted within seven (7) days calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if winner rejects his/her prize or in the event of noncompliance with these Contest Official Rules, such prize will be forfeited and may be awarded to the entrant with the next highest score. Upon prize forfeiture, no compensation will be given.
By receipt of any prize, the applicable winner agrees to release, indemnify and hold harmless Sponsor, and each of its respective subsidiaries, affiliates, representatives, successors, assigns, suppliers, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or any Contest-related activity or receipt, possession or use or misuse of any prize and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action and/or merchandise delivery. Sponsor is not responsible if Contest cannot take place or if the prize cannot be awarded due to cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other cause outside Sponsor’s reasonable control. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way, shall be disqualified. Sponsor shall not be liable or responsible in the event winning Submission(s) is not used for any reason. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor's sole and absolute discretion.
9. Additional Terms.
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any virus, bugs, non-authorized human intervention, fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In such case, Sponsor will select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
In the event of a dispute as to any Submission, the authorized account holder of the e-mail address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.
10. Limitation of Liability; Disclaimer of Warranties.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) lost or unavailable network connections, website, Internet or ISP availability, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to entrants’ or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest; (4) unauthorized human intervention in any part of the entry process or the Contest; (5) technical or human error which may occur in the administration of the Contest or the processing of entries; (6) late, lost, undeliverable, damaged or stolen mail; or (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt, possession or use or misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor and Administrator are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, if it is possible. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes; Governing Law.
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Louisiana or the appropriate Louisiana State Court located in Orleans Parish, Louisiana; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Louisiana without giving effect to any choice of law or conflict of law rules (whether of the State of Louisiana or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Louisiana.
12. Use of Data.
13. List of Winners.
To obtain a list of winners, send a self-addressed, stamped envelope by February 28, 2012 to: The CheckMate 3ds Max Tools Contest, TurboSquid, Inc., 935 Gravier St. 16th FL, New Orleans, LA 70112.
TurboSquid, Inc., 935 Gravier St. 16th FL, New Orleans, LA 70112.