NBA BALLER BEATS VIDEO GIVEAWAY

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.
WHILE SUPPLIES LAST. SUPPLIES MAY BE LIMITED.

  1. Eligibility: NBA Baller Beats Video Giveaway (“Giveaway”) is open only to legal residents of the fifty (50) United States (and the District of Columbia) (1) who are at least eighteen (18) years old at the time of entry. Employees, officers and directors, their immediate family members (spouse, siblings, children and parents, regardless of where they live) or members of the same households (whether related or not) of Majesco Entertainment Company (“Sponsor”), and their respective parents, affiliates, subsidiaries, advertising and promotion agencies and those associated with the development, distribution or implementation execution of this Giveaway are not eligible to participate. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
  2. Sponsor: Majesco Entertainment Company, 160 Raritan Center Parkway, Suite 1, Edison, NJ 08837.
  3. Agreement to Official Rules: Participation in this Giveaway constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
  4. Timing: The Giveaway begins on Tuesday, November 13th at 12:00 a.m. Eastern Time ("ET"), ends on Thursday, January 31st at 11:59 p.m. ET (the "Giveaway Period").
  5. How to Enter: During the Giveaway Period, entrants must upload a video of their playing Majesco’s NBA Baller Beats video game on Xbox Kinect (the “Game”) onto YouTube.com and email the link to the YouTube video to NBABallerBeats@majescoent.com (each, an “Entry”). The name of the Game must be included in the title of the video uploaded to YouTube.com. Entrants must play through at least one full song in the Game and depict a clear shot of the Game on the screen and the Entrant playing the Game (videos shot from behind the Entrant are preferred). Entrants must include his/her email address, which will be used by Sponsor to contact such entrant. If more than one individual is shown playing the Game, a Prize will only be awarded to the authorized account holder of the email address used to send the Entry.
  6. Content Restrictions: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:

    • contains images of children under the age of 18 unless submitted by the parent or guardian of such child;
    • is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; or contains nudity;
    • does not have a clear shot of the individual(s) playing the Game and the Game itself on screen;
    • contains material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement, including copyrighted music where permission has not been obtained (to the extent persmission is necessary), trademarks, trade dress or logos of any sort;
    • contains any personal identification, such as personal names, e-mail addresses or street addresses;
    • disparages Sponsor or any other person or party affiliated with the promotion and administration of this Giveaway;
    • contains brand names or trademarks other than those of Sponsor;
    • does not comply with all applicable terns and conditions of YouTube.com;
    • contains footage, images or artwork not created by entrant, or that contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead;
    • contains material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
    • communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
    • contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
    • contains material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.
  7. Grant of Rights: Completing an Entry constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Entry. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Entries; all of which will be void.
  8. Winner Notification: Potential winners will be selected at the end of the Giveaway Period from among all eligible entries received. Each entrant, provided he/she confirms with these Official Rules, may receive the Prize set forth below. Potential winners will be notified by the Sponsor via email in order to collect his or her contact information and later by email, mail or phone by February 28, 2013. Any attempt by any entrant to submit fraudulent Entries via any method will void that person’s Entry and such entrant will be disqualified from further participation in the Giveaway. Each potential winner will have five (5) days after being notified by Sponsor via email to respond with his or her full contact information, or forfeit the prize. Then, each potential winner (parent/legal guardian if a minor in his/her state of residence) may be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”), which must be received by Sponsor within ten (10) days of the date notice or attempted notice is sent, in order to claim his or her prize. If a potential winner cannot be contacted within a reasonable time period, fails to respond to the email notification within the required time period, fails to execute and return the Affidavit within the required time period, is not in compliance with these Official Rules, or prize or email notification is returned as undeliverable, such potential winner forfeits the prize. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Entry and/or prize information in connection with the Giveaway for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner shall irrevocably grant to Sponsor the non-exclusive license to use the Entry as specified in Section 6 above. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Entry and that Sponsor in its sole discretion shall have the right to refrain from using the Entry. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled 8 – 10 weeks after all winners are confirmed.
  9. Prizes: Seven Hundred (700) Prizes: Each prize is a One (1) Month Xbox Live Gold Membership Card. Approximate Retail Value: $9.99. Limit of one (1) prize per person. Gift card is subject to terms and conditions specified by issuer WHILE SUPPLIES LAST. SUPPLIES MAY BE LIMITED. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion. Winners are responsible for all federal, state and local taxes and any other costs, expenses or fees associated with prize acceptance and/or use not specified herein as being provided.
  10. Release: By participating, entrant agrees to release and hold harmless the Sponsor, YouTube, and their respective parents, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, 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 Giveaway or receipt or use or misuse of any prize.
  11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Entries received up to time of such action. 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 Giveaway or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Entries. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) 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.
  12. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, Game, or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Giveaway; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Giveaway, the uploading or the processing of Entries, or the announcement of the prizes or in any Giveaway-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Giveaway or receipt or use or misuse of any prize. Released Parties are 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. Released Parties are not responsible for any unauthorized third-party use of any Entry.

    Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the promotions are not capable of running as planned for any reason Sponsor reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Giveaway and select the winners by random drawing from among all eligible entries received from all methods combined up to the point of the action taken by the Sponsor.
  13. Entrant's Personal Information: Information collected from entrant is subject to Sponsor’s Privacy Policy: http://www.majescoent.com/content/privacy-policy
  14. Winner List: Winner List requests will only be accepted after the Giveaway end date (listed above). For the Winner List, send an email with subject line: " NBA Baller Beats Video Giveaway," to NBABallerBeats@majescoent.com.

This Giveaway is in no way sponsored, endorsed or administered by, or associated with YouTube. If you have any questions about this Giveaway, please contact Sponsor and not YouTube.

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