These terms and conditions ("Official Rules") govern the Dave & Busters Next Great Game Search Contest the "Contest") which is sponsored, on the one hand, by Comedy Partners, a New York general partnership, d/b/a Comedy Central ("CP"), and, on the other hand, Dave & Busters. Dave & Busters shall hereafter be referred to as the "Sponsor." The Contest will be posted on the Internet via http://www.comedycentral.com/dave-and-busters(the "Website") on or before the Entry Period (as defined in Section 2) commences. Entry to the Contest will be hosted exclusively on the Website. All determinations and decisions of Sponsor in connection with the Contest and these Official Rules shall be final and binding for all purposes, and Sponsor has sole and exclusive discretion and judgment in all matters regarding the administration, operation and conduct of the Contest. Contest Winners (as defined in Section 5 below) must prove eligibility to the satisfaction of the Sponsor. Contest is and shall hereafter be subject to all applicable federal, state, and local laws. Immediately upon entry, all entries become the property of Sponsor and will neither be acknowledged nor returned other than as herein described.
1. Eligibility. Contest is open to legal residents of the forty-eight (48) contiguous United States and the District of Columbia, who are able and prepared to document that they are eighteen (18) years of age or older at the time of entry.
The Contest is not open to officers, directors, employees, or agents of Sponsor or their respective parents, subsidiaries, and/or affiliated companies, licensees, successors, advertising and promotional agencies, the independent judging organization or printing agents, or any of the immediate family members (including, without limitation, spouse, parent(s), child(ren), sibling(s)) of such individuals, and their respective spouses, regardless of where they reside) or those living in the same households, whether or not related, of such individuals or those who have won a prize in any Sponsor or affiliate contest or sweepstakes in the twelve (12) months prior to the commencement of the Entry Period of this Contest. By submitting an entry and/or participating in this Contest, each entrant agrees to comply with and be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all matters relating to this Contest.
The Winner(s) and each entrant must comply with all laws, regulations and requirements that apply to him or her and to their participation, entry or selection as a Winner, the award of any Prize (as defined below). Any and all costs, expenses, liabilities and obligations incurred by entrant and/or Winner(s) are the sole responsibility of that person and not Sponsor.
In the event of any dispute regarding the identity of a person submitting an entry, the entry will be deemed submitted by the authorized holder of the e-mail account from which the entry was submitted, which is defined for these Official Rules as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
2. Entry Period. The period during which an Eligible Entry (defined in Section 4) may be submitted shall commence at 12:00 am (Eastern Daylight Time), on June 10, 2013, and ends at 11:59 pm (Eastern Daylight Time), on July 15, 2013 (the "Entry Period"). Entries received prior to or after the Entry Period shall be considered void. Time of receipt of the video game description (as defined in Section 4 below) portion of an entry shall be the time when all elements of the Eligible Entry are actually received by the Website, as recorded or documented by the Website's operating systems. Proof that you uploaded, or otherwise submitted an entry does not constitute proof or evidence that all or any portion of your entry was actually received by Sponsor within the Entry Period.
3. To Enter. During the Entry Period, you must (i) complete the Contest entry form on the Website, and (ii) submit your video game description in accordance with these Official Rules.
If you enter, attempt to enter and/or participate in this Contest you agree to execute and deliver to Sponsor all forms and documents, releases and agreements as specifically described and required hereunder, as well as any additional documents reasonably requested by Sponsor, including, without limitation, those necessary to prove unrestricted ownership in all entry materials (i.e., Contest entry forms, and/or video game description) and correspondingly your right to provide these entry materials to Sponsor as described and Sponsor's right to use such entry materials without limitation for any and all purposes, as its own and as contemplated and described hereunder. If chosen as the Winner, you further unconditionally and irrevocably assign all right, title and interest in all entry materials and agree to execute and deliver to Sponsor such documentation as is requested by Sponsor and reasonably necessary to enable Sponsor to record, document, perfect and enforce such rights, title and interests, as permitted by law.
4. Eligible Entry. An "Eligible Entry" means an entry submitted by an eligible person (See Section 1) that includes a Contest entry form that has been completed online via the Website, together with a video game description, as described below, and complies with these Official Rules. Any entry submitted by someone who is not eligible or that is incomplete, inaccurate, illegible, not viewable, not submitted during the Entry Period or in any way not in conformity or in compliance with all of the terms and conditions of these Official Rules is not an Eligible Entry and subject to disqualification by Sponsor. Limit three (3) entries per person during the Entry Period. Subsequent entries by the same person shall be void.
"Video Game Description" means an original description of a video game that will be submitted through Website. The term "original" in these Official Rules means the video game description was newly created by you, and is not copied, derived, translated, adapted or otherwise obtained or copied from anyone or anywhere else, regardless of the source, format or medium. Original also means that you, and no one else, have complete, sole, exclusive and unrestricted right, title and interest in and to the video game description (including, without limitation, each and all of the underlying elements of the video game description) when you submit it to the Contest as part of your entry AND that you have the right and authority to give Sponsor all of the rights in and to your video game description and its underlying elements that are described in these Official Rules and contemplated herein. If you cannot legally and properly represent to Sponsor that your video game description is original, do not enter it into the Contest. You must submit the video game description portion of your entry to Sponsor by uploading it through, and adhering to the requirements described on the Website.
The video game description must conform to the current policies and requirements that apply to CP's programming material, including, but not limited to, CP's "Standards and Practices Guidelines" and any special rules and requirements that apply to CP Internet/Web programming. Sponsor reserves the right to disqualify any video game description that does not conform to any of the foregoing requirements or Sponsor may, in an effort to render the video game description conforming, request the entrant to modify and/or edit the video game description to render it conforming (in a manner, within a time period and subject to requirements specified by Sponsor). Entrant understands that none of these measures guarantees entrant's video game description will conform or be considered an Eligible Entry. The following policies and requirements are examples of those you must comply with when creating and submitting your entry. Your video game description must NOT contain:
· any content which endorses or condones illegal drug use or alcohol abuse;
· any nudity, profanity or violence;
· any commercial endorsements, unless specifically permitted by these Official Rules;
· any derogatory characterization of an ethnic, racial, sexual or religious group;
· any display of physical injury, death or property damage or conduct or activity that could cause physical injury or property damage or that is reasonably likely to do so;
· any use (or display of use) of equipment, facilities or property in a manner not recommended or permitted by the owner or manufacturer or that would reasonably be considered unsafe;
· any unauthorized use of a service mark, trademark, brand, copyrighted work or any other property, tangible or intangible, or location or place or that would otherwise not be considered your original work;.
· any unauthorized use of a name, person, location, graphic, picture, photo, animation, character, real or fictional, or any other use which may violate any rights of publicity, privacy or any other right of a third party; or
· any other conduct, activity, audio or visual display, language or other content which is or could be considered illegal, in violation of the rights of any other person, company or business or which, in the judgment and sole discretion of Sponsor, is deemed inappropriate for this Contest.
You hereby grant Sponsor, its parents, licensees, successors, assigns, agents and affiliates a perpetual and irrevocable, exclusive, royalty free, worldwide right, title and interest of every kind and nature now or hereafter known in the video game description, including but not limited to a) all copyrights therein, b) the right of reproduction of the video game description in any and all media whether now known and/or hereafter devised, in whole or in part, c) the moral rights of authors or artists in the video game description in whole or in part, and d) all rights of manufacture, merchandising, recordation, reproduction, translation, adaptation, display and exhibition of the video game description in whole or in part and the right to make modifications thereto and derivatives thereof, in any and all venues or media whether now known and/or hereafter devised and by any and all means or methods.
By entering, entrant acknowledges acceptance and compliance with these Official Rules including all eligibility requirements included herein. Sponsor is not responsible for entries that are illegible, incomplete, lost, delayed, inaccurate, garbled, mutilated and misdirected, or for printing, typographical or other errors in these Official Rules or any other Contest-related materials or any problems or technical malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer on-line systems, servers or providers, computer equipment, software, failure on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, including injury or damage to your or to any other person's computer related to or resulting from participating or downloading materials contained in this Contest or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the Winner or in any Contest-related materials. If for any reason the Contest is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at Sponsor's sole discretion to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Contest in any manner. Should the Contest be terminated or cancelled prior to the stated expiration date, notice will be posted on the Website, and, at Sponsor's discretion, potential Winner may be selected in accordance with the applicable Judging Criteria set forth in Section 7 below from among all non-suspect, Eligible Entries received prior to the termination or cancellation. Entries that have been tampered with or altered will be deemed void. The use of any system or agent to submit entries in connection with this Contest is prohibited and will result in disqualification. Entries generated by script, macro or other automated means will be void. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or any website associated therewith; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person and all associated entries will be void. CAUTION: ANY ATTEMPT BY A CONTEST ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND THEIR DESIGNEES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTEST ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW AND TO REPORT AND PROVIDE ANY AND ALL INFORMATION TO LAW ENFORCEMENT AGENTS AND OFFICIALS.
5. Winner Selection: Following the Entry Period, one (1) grand prize winner (the " GP Winner") and one (1) first runner up (the 1st Runner Up) and one (1) second runner up (the 2nd Runner Up) will be selected from the Eligible Entries from the official judging panel comprised of an expert panel of Dave & Buster's senior management (the "Judges") based on the Judging Criteria set forth in Section 7 below. The entrant that receives the highest percentage based on the Judging Criteria (as defined below) will be deemed the GP Winner. The GP Winner, the 1st Runner Up and the 2nd Runner Up shall collectively be referred to as, the "Contest Winners."
6. Winner Notification: The potential Contest Winners will be selected and notified on or around August 19, 2013 by the email address and telephone number provided on the Contest entry form. The Contest Winners must contact Sponsor within forty-eight (48) hours after notification has been sent by Sponsor. If there is no response from the potential Contest Winners, or if at any time during the course of the Contest, the selected Contest Winners fail to comply with the Official Rules, the Eligible Entry that received the next highest score, based on the Judging Criteria set forth in Section 7 below, will be selected as the Contest Winners. Sponsor reserves the right to delay the announcement of the Contest Winners in its sole discretion.
7. Judging Criteria: The Judges will select the Contest Winners, and all decisions of the Judges are final. In the event of a tie or dispute or for any other reason that Sponsor deems necessary, the Sponsor shall determine the Contest Winners using the criteria established by the Judges. To the extent permitted by law, Sponsor and the Judges disclaim any liability from, and entrants, whether or not the, agrees to waive, any claims against Sponsor and the Judges relating to the judging or awarding process. Sponsor and the Judges reserve the right to extend the Entry Period or not to award the Prize if they determine, in their sole discretion, that entries received did not meet the qualification standards based on the Judging Criteria.
The top three original video game descriptions will be displayed on the Website on or around July 16, 2013. Fans will have a chance to vote for their favorite via Twitterusing #DBnextbiggame.
Judges will rank each criterion on a 1-10 point base, totaling 50 points. Criteria includes, but is not limited to, originality, learnability, ease of gameplay, family fun, length of play, gameplay experience, fan voting, and competitiveness.
8. Prizing: The GP Winner will receive free games for life to Dave & Busters ("Prize"). The "Grand Prize" includes the following:
· Free games ($100 per month, rechargeable card) for thirty years (30) or for the life of Dave & Busters, whichever is shorter.
· The winning original video game description may be showcased in a video promo spot and recognition as the creator of the game to be developed by Dave & Buster's.
The 1st Runner Up shall receive a One Thousand Dollar ($1,000) game play prize, or cash equivalent, at 1st Runner Up's election.
The 2nd Runner Up shall receive a Five Hundred Dollar ($500) game play prize, or cash value, at 2nd Runner Up's election.
All participants will receive a Ten Dollar ($10) coupon upon entry.
Sponsor and CP reserve the right to award an alternate Grand Prize in the event Contest entries are insufficient in number or quality, or for any other reason unforeseen by Sponsor and CP, as determined solely by Sponsor and CP. The alternate Grand Prize to be awarded shall be a cash prize of Five Thousand Dollars ($5000).
In order to be declared a Contest Winner, the potential Contest Winner must sign (a) an affidavit of eligibility and compliance with all of the terms and conditions of these Official Rules, and a comprehensive and complete release from liability in favor of Sponsor and each of its respective parents, partners, subsidiaries, affiliated entities, advertising agencies and the shareholders, officers, directors, employees and agents ("Related Parties") of each of the foregoing, from any and all liability, losses, claims, demands and causes of action, including, without limitation, any personal injury and/or property damage, theft, loss, or any other damage or harm suffered in connection with this Contest,and/or the award, use or acceptance of the Prize and (b) except to the extent prohibited by law or regulation, a promotional release granting Related Parties, the right to use his or her name, voice, image, likeness or other characteristics and attributes for advertising, marketing, promotional and publicity purposes without notice and without consideration or compensation in any and all forms of media and communications, now known or hereafter developed. Entry into the Contest constitutes an agreement to sign all such releases (unless prohibited by law) and all documents required by Sponsor in connection with this Contest. Eligible Guest will be required sign any and all legal documents which Sponsor may require, including but not limited to an affidavit releasing Sponsor and Related Parties from any and all liability, claims, demands and causes of action for personal injury, death and/or damage, theft, or loss suffered in connection with this Contest, and/or the use or acceptance of the Prize or any portion thereof. No Prize will be awarded until such requirements are met.
Sponsor may disqualify any entry and Entrant and select another potential Winner from among the remaining Eligible Entries if (a) Sponsor is unable to contact the potential Winner or receives no response from potential Winner within forty-eight (48) hours after notification was sent to potential Winner or (b) if any potential Winner is unable, unwilling or does not, for any reason, return all of the required documents, unaltered and fully executed, within forty-eight (48) hours of their transmittal to the potential Winner or otherwise fails to comply with these Official Rules.
9. Ownership Rights; Rights to Use Entries. Past experience has shown that contests and promotions generate similar submissions or entries which closely resemble concepts and ideas developed by Sponsor and/or Related Parties, whether before, during or after the Contest. Entrants may see a presentation which seemingly incorporates an idea or concept or includes materials similar to that contained in their entry (e.g., Contest entry form, and/or video game description). Any similarity may be purely coincidental and is always unavoidable in light of the volume of ideas which Sponsor and/or Related Parties routinely consider in the course of their respective program development. Consequently, Sponsor and/or Related Parties must, and have adopted policies and procedures to protect themselves from potential liability and claims and as part of these Official Rules require all entrants to agree that: (i) Sponsor and/or Related Parties may use any and all ideas, concepts, material and expression, in whole or in part, submitted or contained in an entry, video game description or other material you submit (ii) all entries and entry materials become the property of Sponsor and will not be returned, (iii) no video game description or other material submitted, nor any part thereof, infringes any trademark, copyright or other property right, violates anyone's right of privacy or publicity, any law, regulation or agreement or obligation by which he or she may be bound and (iv) entrants consent to Sponsor and/or Related Parties displaying, performing, making available for access, display, performing, using and exhibiting the video game description, in whole or in part, throughout the universe, in perpetuity, in all media and means, now known or hereafter developed or discovered, for commercial purposes or any other purpose whatsoever.
If you enter, attempt to enter, participate and/or are selected as a Contest Winner, you agree that your video game description may be used by Sponsor and/or Related Parties, in whole or in part, for any purpose whatsoever, including the actual development of the video game by Dave and Buster's, without notice, consideration or compensation of any kind and even if there are any rights you may claim or arguably retain anywhere in the world (and without negating or limiting any of the provisions of these Official Rules), you grant Sponsor and Related Parties all non-exclusive, irrevocable, unconditional and unrestricted right, title and interest to own, exhibit, broadcast, copy, reproduce, encode, adapt, reformat, compress, encrypt, incorporate data into, edit, broadcast, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements, all and/or any portions of your entry (including, without limitation, your video game description), in any manner, an unlimited number of times, in any and all media, now known or hereafter developed or devised, throughout the universe, in perpetuity.
10. Indemnity. If you enter, attempt to enter, submit all or any part of an entry, participate, are selected as a potential or actual Winner, you agree to defend, indemnify, release, discharge and hold harmless Sponsor and Related Parties harmless from and against any and all claims, suits, losses, damages and expenses (including reasonable attorneys' fees) arising out of or in connection with this Contest, your submitted video game description and/or the award, use, misuse or acceptance of the Prize and any prize-related activity or Sponsor's ownership, exhibition, exploitation or other use of the video game description or by reason of your non-compliance with, violation, breach or alleged breach of any of the terms or conditions of these Official Rules (including, without limitation, the representations and agreements herein).
11. Representations / Warranties. You represent, warrant, covenant and agree that: (i) you have full right and authority to enter this Contest; (ii) no rights of any kind or nature are being retained or reserved by you or any third party in connection with your video game description or each and all of the elements thereof or the Contest; (iii) neither your video game description nor the use of your submitted video game description by Sponsor or the exercise by Sponsor of any of the rights granted by you under these Official Rules, in whole or in part, including without limitation its contents and all audio, visual and musical elements and all names, likenesses, biographies, trademarks, trade names, or logos used in or as part of the video game description, shall interfere with or infringe under common or statutory law the rights of any third party, including, without limitation contract rights, copyrights, trademarks, service marks, trade names, logos, rights of publicity and privacy, or otherwise violate the rights of any third party.
Sponsor is not responsible for any entry that is not submitted within the Entry Period or received when required by these Official Rules or that is incorrect, incomplete, illegible, unreadable, unrecognizable or inaccurate regardless of the reason or cause and even if due to human or equipment failure on the part of Sponsor, including, without limitation, malfunctions of telephones, networks, computer or communication systems, defects in material, media, digital file transfers (e.g., uploads or downloads), the Internet/World Wide Web, the Website, messaging or other problems with services, service providers, carriers or anything else. Sponsor is also not responsible for any loss or damage that may occur because of your participation, entry, attempted entry, winning or being awarded a prize in connection with this Contest.
12. General. The laws of the State of New York shall govern the interpretation and enforcement of these Official Rules and this Contest. The courts of the State of New York and the Federal court located in New York County, shall have sole and exclusive jurisdiction of any controversies regarding these Official Rules and this Contest and entrants submit to the exclusive and personal jurisdiction of such courts and waive any and all objections to jurisdiction and venue in these courts, including any objection that the forum is inconvenient. BY ENTERING, SUBMITTING AN ENTRY OR ATTEMPTING TO DO SO, AND/OR BY PARTICIPATING OR ACCEPTING ANY PRIZE, YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO ANY TRIAL BY JURY.
13. Winner's Name. To get the name of the Contest Winner, send a written request, together with a self-addressed, stamped envelope to:
The Dave & Busters Next Great Game Search Contest
Attn: Marketing Counsel, Business & Legal Affairs
345 Hudson Street, 9th Floor
New York, New York 10014
All requests must be received by September 6, 2013. Vermont residents may omit return postage.
14. Sponsorship. The Contest is administered by Comedy Partners, a New York general partnership, with offices at 345 Hudson Street, 9th Floor, New York, New York 10014, and sponsored by Dave and Busters, with offices at 2481 Manana Drive Dallas, Texas 75220 and MediaCom with offices at 498 7th Avenue, 24th Floor, New York, NY.