Telltale Games

Telltale Halloween Contest Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

These are the Official Rules of the Telltale Halloween Contest (the "Contest").

In these Official Rules, "we," "our," and "us" refer to Telltale, Inc. ("Telltale"), the sponsor of the Contest. "You" refers to an eligible participant in the Contest.

1. START AND END DATES:

The Contest starts on October 7, 2009 and ends at 9:00 pm (PST) on October 27, 2009 ("the Contest Period").

2. ELIGIBILITY:

You are eligible to enter this Contest if you meet the following requirements and conditions at the time of entry: The Contest is not open to residents of Cuba, Iran, Iraq, Syria, North Korea, Myanmar (formerly Burma) Sudan, Puerto Rico or the province of Quebec. Such residents are not eligible to participate in the Contest. The Contest is void in these countries and territories and in any other jurisdiction where prohibited or restricted by law (sorry, but this exclusion came from our lawyers -- we wish that there were no exclusions). To enter the Contest, you must be at least the age of majority in your jurisdiction of residence for the duration of the Contest. You are not an employee or agent or independent contractor of Telltale, Inc. nor or any of your immediate family. If you are chosen as a prize winner you will be required to sign a release (the "Release"), which assigns to Telltale all right, title and interest to the Submitted Material, including the right to use the Submitted Material, at Telltale's option, in advertising, marketing and promotion for Telltale or any of its products. "Submitted Material" means artwork created solely by you that is submitted in the Contest as further outlined in these Official Rules and as further set forth in the description of the Contest on Telltale's website: http://www.telltalegames.com/community/blogs/id-509. Telltale will also have the right (but not an obligation) to use your name and likeness in any and all media now known or hereafter devised for advertising, promotion and marketing for Telltale's business or its products without any further approval by you. Except as set forth herein, you will not receive any compensation or other consideration for the rights granted by you with the respect to the Submitted Material or your name and likeness except as may be prohibited by law. The right for Telltale to use your Submitted Material and your name and likeness (as set forth herein) will be irrevocable, worldwide and will last in perpetuity.

Awarding of any prize is subject to verification of the winner. Telltale, in its sole discretion, shall determine the eligibility of people entering the Contest at the time of entry and, for chosen winners, after such winners are selected.

3. CONTEST REGISTRATION AND USE OF SUBMISSIONS:

Entries to the Contest are to be submitted to contest@telltalegames.com. Any attempted form of entry into this Contest other than as described is void. You agree that by entering the Contest, Telltale may post your Submitted Material and your screen name on its website for a reasonable time period as determined by Telltale in its discretion. From all Contest entries, Telltale reserves the right to select only a limited number of entries that may be posted to the website or to select no such entries. All Submitted Material will become the property of Telltale and will not be returned. Telltale is not responsible for lost, late, misdirected, illegible, or incomplete entries. Telltale is not responsible for any change of email address, mailing address and/or telephone number of entrants.

Submitted Material may be disqualified by Telltale for any reason, including without limitation if it contains any language that Telltale considers obscene, offensive or pornographic.

In submitting an entry, you represent that the Submitted Material complies with these Official Rules and that the information you have given is true and accurate. You must be the sole author and owner of the copyright in the Submitted Material, and you represent that the Submitted Material does not violate the privacy or intellectual property rights of any third party. By accepting any prize, the winner (and, if applicable, his/her parent or legal guardian) agrees to hold harmless Telltale and its respective directors, officers, employees and assigns against any and all claims and liability arising out of use of the prize. By participating in the Contest, you agree to be bound by these Official Rules and the decisions of Telltale.

Upon entry, Telltale will own all Submitted Material. Non-winning Submitted Material will not be returned.

If for any reason the Internet portion of the Contest is not capable of running as planned, including infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Telltale which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Telltale reserves the right at its sole discretion, to cancel, terminate, modify or suspend the Contest and to award all prizes from among all eligible entries received prior to (or after, if applicable) action taken by Telltale.

4. WINNER SELECTION AND NOTIFICATION

Because the Contest is based on the skills of those who enter, winning the Contest depends on the quality of Submitted Material that people submit in connection with entering the Contest. Certain Telltale employees will serve as judges of the Contest, and they will determine the winners of the Contest. Winners will be selected based on originality, creativity and design skills.

Prizes for the winners of the Contest are as follows:

First prize (choice of console) -- value: $280 (PS3), $250 (Xbox 360), $200 (Wii).

Second prize (choice of series prize pack) -- value: $65 (Monkey Island), $59 (Strong Bad), $55 (Wallace & Gromit), $75 (Sam & Max).

If you are a winner of the Contest, we will notify you by sending a message to the e-mail address, the phone number, or mailing address (if any) listed on your entry within seven (7) days following the selection of the winners. If the notification that we send is returned as undeliverable, or you are otherwise unreachable for any reason, we may choose an alternate winner and award any applicable prize to that alternate winner.

5. LIMITATION OF LIABILITY

By participating in this Contest, you agree to release Telltale and its employees, as well as each of their respective successors, representatives and assigns from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest. All entries are sent at your own risk and Telltale cannot accept liability for any loss of or damage to any Submitted Material.

6. DISPUTES

You agree that any claim or controversy arising out of or related to the Contest shall be settled by expedited binding arbitration in accordance with the rules of the American Arbitration Association. Such arbitration shall take place in Marin County, California, and you waive any claim that such forum is inconvenient. Any such claim or controversy shall be arbitrated solely on an individual basis and shall not be consolidated with a claim of any other party. The Arbitrator may not change the terms of the terms and conditions of these Official Rules and may not award any injunctive or other equitable relief.

7. PRIVACY

Telltale's Privacy Policy will apply to this Contest and to all information that we receive from your entry. Please read the Privacy Policy on the telltalegames.com website before submitting your entry. Your submission of an entry will constitute your acceptance of these Official Rules and the terms of the Privacy Policy located at: www.telltalegames.com/privacypolicy.

8. TAXES

ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Telltale reserves the right to withhold any taxes as required by applicable law. All prizes will be awarded (other than prizes withheld for tax purposes as required by applicable law) and are not transferable. No substitutions (including for cash) are permitted, except Telltale reserves the right to substitute prizes of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated in these Official Rules. Prize winners will be required to supply a Social Security Number (or, in Canada, a Social Insurance Number, or, in the United Kingdom, a National Insurance Number) or any similarly required taxpayer or government identification that may be required prior to the award of any prize.

9. WINNERS LIST

Individuals may request the name of the winners of the Contest by sending an e-mail to contest@telltalegames.com or submitting a self-addressed, stamped, envelope to Telltale Halloween Contest, Winners' List Request, 101 Glacier Point, Suite E, San Rafael, CA 94901, USA. Residents of Vermont, the United Kingdom, Canada and other jurisdictions where submission of return postage is prohibited need not include return postage.

10. DISCLAIMERS

By entering the Contest, you agree and acknowledge to be bound by these Official Rules, as well as the decisions of Telltale which are final and binding in all respects; to waive any rights to claim ambiguity with these Official Rules, and that Telltale shall have no responsibility or liability (including, but not limited to, liability for property loss, damage, personal injury or death) in connection with: participation in the Contest; technical or mechanical error(s) on the website; typographical error(s) in Contest promotional material; acceptance/possession, defects, and/or use/misuse of prizes, human error; incorrect or inaccurate transcription of entry information; any technical malfunction(s) of the telephone service, telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Telltale or by you; interruption or inability to access the Contest, any Contest-related web pages, or any online service via the internet due to hardware or software compatibility problems; any damages to your (or any other person's) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of Telltale. Winners release Telltale from any and all liability/responsibility with respect to the prizes won (including any property loss, damage, personal injury, or death). Telltale shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity that may be caused or contributed to (i) by any wrongful, negligent or unauthorized act or omission on the part of Telltale or any of its respective agents, servants, employees or independent contractors; (ii) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Telltale; or, (iii) by any other cause, condition or event whatsoever beyond the control of Telltale.