1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. Void where prohibited or restricted by law. “All Access PS4 Giveaway” (the “Giveaway”) is open to legal residents of the continental United States and District of Columbia, who, at the time of entry, are able and prepared to document that they are at least eighteen (18) years of age, and not a minor in your primary state of residence at the time of entry. Giveaway is not open to officers, directors, employees or agents of New 38th Floor Productions Inc. (the “Sponsor”), Viacom Media Networks, a division of Viacom International Inc., Sony Computer Entertainment America LLC or their respective parents, divisions, subsidiaries and/or affiliated companies, licensees, advertising and promotional agencies (collectively, the “Excluded Parties”), or any of their immediate family members (including, without limitation, spouse, parent(s), child(ren), sibling(s), and their respective spouses) 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 affiliated sweepstakes or contest during the year preceding the Entry Period (as defined below). All Winner(s) (as defined below) must prove eligibility to the satisfaction of the Sponsor, whose decision shall be final and binding. Giveaway 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. By entering this Giveaway, each entrant (the “Entrant”) acknowledges acceptance of and compliance with these official rules (“Official Rules”), and release and hold harmless each of the Excluded Parties and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injuries, or damages, arising out of or relating to participation in this Giveaway and/or the use or misuse or redemption of a Prize (as further described in Section 4 below) or any portion of the 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. Official Rules are available on the Internet via http://ps4sweepsrules.spike.com (the “Website”).
2. How to participate in the Giveaway for a chance to win a Prize:
a. During the Entry Period, enter the Giveaway by sending a “tweet” using the hashtag #MyPlayStationMemory.” The either “tweet” should include a video, picture or text expressing Entrant’s favorite Playstation memory. Photographs and videos must conform to the current policies and requirements that apply to Viacom Media Network’s programming material, including, but not limited to, Viacom Media Network’s “Standards and Practices Guidelines” and any special rules and requirements that apply to Viacom Media Networks Internet/Web programming. Sponsor reserves the right to disqualify any photographs and videos that does not conform to any of the foregoing requirements. The following policies and requirements are examples of those you must comply with when creating and submitting your photographs and videos. Your photograph and videos must NOT contain:
i. any person other than the Entrant in the photograph or videos;
ii. any content which endorses or condones illegal drug use or alcohol abuse;
iii. any nudity, profanity or violence;
iv. any commercial endorsements, unless specifically permitted by these Official Rules;
v. any derogatory characterization of an ethnic, racial, sexual or religious group;
vi. 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;
vii. 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;
viii. 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;
ix. 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
x. 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 Giveaway.
b. Entrant may enter an unlimited number of times during the Entry Period, as long as entrant uses a different submission for each entry (i.e., a different “tweet” to ”#MyPlayStationMemory” including a different video, picture or text expressing Entrant’s favorite Playstation memory), and the decisions of Sponsor shall be final in making any such determination as to whether or not a submission is actually from a different than that of another submission submitted by the same Entrant.
c. Check your Twitter direct messages on or around November 12, 2013 to see if you are a Winner.
d. If you are a Winner, Sponsor will direct message you at your Twitter account that posted the winning submission to let you know that you are a Winner.
e. Winners will have twenty-four (24) hours to reply and provide a legal name and e- mail address. Anyone who does not reply within twenty-four (24) hours will be disqualified and another potential Winner may be selected by random Drawing. Do not reply to Sponsor if you disagree with any of these Official Rules.
f. Each potential Winner may be required to sign and return within twenty-four (24) hours: (i) an affidavit of eligibility and release of Sponsor and Excluded Parties and each of their respective officers, directors, employees, agents and members, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Giveaway or the use/misuse or acceptance of the Prize or any portion thereof to be eligible for the Prize; (ii) except where prohibited by law, a promotional release granting Sponsor the right to use his/her name, voice and likeness for advertising and publicity purposes without additional compensation and (iii) any other documentation required by Sponsor, including a W9 form and Winner’s social security number for tax purposes.
g. In the event of any dispute regarding the identity of a person submitting an entry, the entry will be deemed submitted by the authorized account holder, which is defined for these Official Rules as the natural person who is assigned the Twitter Username associated with the submitted answer.
3. ENTRY PERIOD: Entry period commences at 12:00 p.m. (Eastern Daylight Time), November 8, 2013, and ends at 12:00 p.m. (Eastern Daylight Time), November 12, 2013 (the "Entry Period").
4. WINNER SELECTION/PRIZES/JUDGING CRITERIA:
a. Winner(s). On or about November 12, 2013 four (4) winners will be selected by Sponsor based on the Judging Criteria set forth in Section 4e below (each a “Winner” and collectively the “Winners”). The determination of the Judges shall be final and binding.
b. Prize. Each Winner will receive one (1) Playstation 4 (the “Prize”). Approximate retail value of each Prize is $399.00. Limit one (1) prize per household.
c. The total approximate retail value of all the prizes is $1,596.00.
d. All details for the Prize shall be determined at the sole discretion of the Sponsor. The Prize is non-transferable. Substitution of the Prize or any portion thereof by the Winner(s) is prohibited. No cash redemption permitted by the Winner(s). Sponsor reserves the right to substitute the Prize (or any portion thereof) with another prize of comparable or greater value, at the Sponsor’s sole discretion. Arrangements for all Prize fulfillment to be made by Sponsor in Sponsors’ sole discretion on or before December 31, 2013.
e. Judging Criteria: The Judges will select the Winners based on the following judging criteria: The most entertaining and authentic photo, video or text that best describes the Entrants Playstation memory (the “Judging Criteria”). 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 Winner using the Judging Criteria. 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.
f. The value of the Prize may be taxable as income and Winners are solely responsible for all matters relating to the Prize, including, but not limited to, compliance with all applicable federal, state and local taxes that become due with respect to the Prize.
5. By entering, Entrant acknowledges acceptance of and compliance with these Official Rules including all eligibility requirements included herein. Sponsor and Excluded Parties are not responsible for entries that are illegible, incomplete, lost, delayed, mutilated and misdirected, or for typographical errors in the rules 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 web site or any combination thereof, including injury or damage to Entrant’s or to any other person's computer related to or resulting from participating or downloading materials contained in this Giveaway. If for any reason the Giveaway 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 Giveaway, 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 Giveaway in any manner. Should the Giveaway be terminated or cancelled prior to the stated expiration date, notice will be posted on the Website. 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 Giveaway is prohibited and will result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual they deem to be tampering with the entry process or the operation of the Giveaway or any web site associated therewith; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. CAUTION: ANY ATTEMPT BY A GIVEAWAY ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY 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 GIVEAWAY ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
6. Entry into this Giveaway constitutes Entrant’s advance consent to sign any and all legal documents which Sponsor may require. By participating in this Giveaway, Entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final in all matters relating to this Giveaway. All interpretations of the Official Rules and decisions by Sponsor are final.
7. For name of Winners and/or a copy of these Official Rules, send a stamped, self addressed envelope to:
New 38th Floor Productions Inc.
All Access PS4 Giveaway
345 Hudson Street
New York, New York 10014
Attn: Integrated Marketing
All requests for Winner’s name and/or a copy of these Official Rules must be received by March 30, 2014. Vermont residents may omit return postage on all rules requests.
Sponsor: New 38th Floor Productions Inc., 345 Hudson Street, 7th Floor, New York, New York 10014.
† Please read our Terms & Conditions on the Internet via http://www.spike.com/. All rights reserved.