City of Heroes Facepalm Promotion Official Rules and Conditions

City of Heroes Facepalm Promotion Official Rules and Conditions

This contest is organized by NC Interactive, Inc. and NCsoft Europe Limited, who are identified in more detail in Section 9 of this document (the "Sponsors").

1. ENTRY

NO PURCHASE NECESSARY. IF YOU ARE ENTERING THIS CONTEST AS A RESIDENT OF THE UNITED STATES OF AMERICA THIS CONTEST SHALL BE VOID WHERE PROHIBITED BY UNITED STATES LAW.

This is a free prize draw (the "Contest") and you are not required to buy any product, or service from the Sponsors, or to be a subscriber to any of the Sponsor's games to enter the Contest.

Participants must follow this method of entry:

During the Promotion Period, visit the "Free Giveaways" tab on the City of Heroes Facebook page at http://www.facebook.com/CityofHeroes. Follow the directions to receive a region-specific code that can be redeemed for an in-game facepalm emote.

By submitting an entry to the Contest, you accept and agree to be bound by these Official Rules and Conditions.

Any personal information given to the Sponsors when you enter this Contest will only be used to contact you in relation to this Contest. All information concerning non-winning entries will be deleted after the end of the Contest. The personal information concerning the winning entries will be only used in the context of this Contest and use of your entry as agreed between you and the Sponsor. This information will not be disclosed to any third party or used for any other purpose. You may exercise your rights of access and rectification of this information by writing to: cohmarketing@cityofheroes.ca.

If you are a winner you hereby give Sponsors and their respective divisions, subsidiaries, affiliates, and agencies full permission, right and authority to use your likeness, photograph, name, hometown, and any comments that you may make/answer to questions Sponsors may provide, or any other information that you provide about yourself, the prize, the Contest, or City of Heroes, for the purposes of advertising and promotion (in any media, including but not limited to in print media, television, film, video, radio, internet or otherwise) related to the Contest, City of Heroes or each of the Sponsors, without any further notification or compensation to you other than that set out herein. Winner waives all rights of inspection and approval in relation to the foregoing.

All entries must be received via Facebook by 11:59 PM (CST), Tuesday, November 1, 2011 (the "Contest Conclusion") and must be in English. Entries which do not conform to these Official

Rules and Conditions will not be accepted. The Contest is limited to one entry per person.

Multiple entrants are not permitted to share the same email address or identity. Any attempt by any entrant to obtain more than one in-game facepalm emote by using multiple/different email addresses, identities, Facebook pages, registrations and logins, or any other methods will void that entrant's plays or submissions (eg "a Like") and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. The Sponsor is not responsible for lost, late, incomplete, incorrect, unintelligible or misdirected entries, which will be void. Use of a false name, mailing address, or email account will disqualify an entry and the individual who submitted the entry. Sponsor is not responsible for hardware or software malfunctions, lost or unavailable network connections, server unavailability due to technical, capacity constraints or other issues, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic or other communications. Sponsor, in its sole discretion, can disqualify, from this Contest and/or any other contest conducted by Sponsor, any person who, in Sponsor's reasonable suspicion, tampers with the entry process or the operation of the web site. Sponsor has the right to terminate, suspend or modify this Contest, in whole or in part, at any time and without prior notice, if, in Sponsor's judgment, the Contest is altered, corrupted or cannot be completed as planned due to computer virus, bugs, tampering, unauthorized intervention, technical failures, or other conditions beyond Sponsor's control, or at Sponsor's reasonable discretion. Incomplete entries are invalid, and entrants with incomplete entries will be disqualified.

2. ELIGIBILITY

To enter the contest, as of October 3, 2011 (a) you must be 13 years of age or older, (b) if you are a minor in your country of residence, you must provide the entry as set forth under 1.1 with your legal guardian's

approval and you must provide written approval of your entry to the Contest, and consent to these Official Rules and Conditions by your legal guardian. This written approval shall be provided within 14 days after the receipt of request

by the Sponsor, (c) you must have Internet access, an email account and access to a personal computer, (d) you must be a resident of the United States (excluding the State of Rhode Island, and excluding Guam, Puerto Rico, U.S. territories, military installations and commonwealths), Canada (excluding Quebec) (Canadian residents will be required to answer an additional mathematical question in order to claim their prizes), or the European Union.

Employees of Sponsor, and Sponsor's respective parent companies, affiliates, subsidiaries, representatives, advertising, promotion and publicity agencies and members of the immediate families (defined as parents, children, siblings and spouse, regardless of where they reside) or households of such employees are not eligible to enter the Contest.

3. DURATION

The contest period begins at 9:00 AM (CST) on Monday, October 3, 2011 and ends at 11:59 PM (CST) on Tuesday, November 1, 2011 (the "Promotion Period").

4. SELECTION OF WINNING ENTRIES

All eligible entrants will receive one code for an in-game facepalm emote until the earlier of (i) supplies run out, or (ii) the end of the Promotion Period. Winners will be notified via e-mail and announced on the [Game] web site on or about [Wednesday, March 3th, 2012].

5. PRIZES

1) Prizes description

The prize breakdown is as follows:

• Up to 20,000 in-game facepalm emote codes (Estimated Retail value: $0.25 per code ($5,000.00 in the aggregate)

2) Prizes awarding process

If a winner cannot be contacted via the email address he/she submitted with their entry to the Contest, or

(ii) refuses or is ineligible to accept the prize

then Sponsor reserves the right to award the prize to the next highest ranking entrant (a "Substitute Winner").

The Substitute Winner will be contacted as mentioned above and required to comply with the prizes awarding process described in this Section 5.2.

In the event the Substitute Winner cannot be contacted as mentioned above or does not comply with the prizes awarding process described in this Section 5.2 for a given prize, any such prize will not be awarded. Prizes are not transferable. No substitution of the prize for cash or other goods and services is permitted, except Sponsor reserves the right to provide a substitute prize of approximately equal value. Taxes on prizes (including, without limitation, income taxes), if any, are the sole responsibility of the individual winners. If a winner is under 18 or a minor in his or her state/province/country of residence, his or her parent or guardian must also sign any applicable releases and documentation.

6. GENERAL CONDITIONS

You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of or connected with this contest or any prize awarded shall be resolved under the laws of the State of Washington. You assume sole liability for injuries, including personal injuries and/or damage to property or prize, caused or claimed to be caused by participating in this contest or the acceptance, loss, shipment, or use of any prize awarded. Sponsor is not responsible for any failure to contact entrants, whether due to technical or human error. All of Sponsor's decisions regarding the application and interpretation of the Rules are final.

In the even that you are resident in the European Union, nothing in these Official Rules and Conditions shall limit or exclude Sponsor's liability for death or personal injury from Sponsor's negligence or fraud or fraudulent

misrepresentation. Subject to the foregoing, the Sponsors shall not be responsible for any liability, loss, damage, cost or expense sustained by you arising out of, or in connection, with your entry into this Contest or use of the prize unless caused by the Sponsors due to gross negligence or intent.

7. WINNERS LIST

The winners of this Contest will be posted on [http://www.cityofheroes.com no later than Wednesday, March 3rd, 2012]. A list of winners can also be obtained by sending a self addressed stamped envelope to [City of Heroes Facepalm Promotion], NC Interactive, Inc., 1501 4th Ave. Floor 20. Seattle, WA 98101, USA. Residents of Canada may omit return postage.

8. Severability

Should any condition contained in this Contract prove unenforceable, void or incomplete, the validity of the other conditions will remain unaffected.

9. SPONSOR

This contest is sponsored by NC Interactive, Inc., 1501 4th Ave. Floor 20. Seattle, WA 98101, USA 1501 4th Avenue, Suite 2050, Seattle, WA 98101 and NCsoft Europe Limited, Moccatta House, Trafalgar Place, Brighton, BN1 4DU, England

(Company No: 05165702)

© 2011 NC Interactive, Inc. All rights reserved. NCSOFT, the Interlocking NC Logo, City of Heroes, City of Heroes Going Rogue, and all associated logos and designs are trademarks or registered trademarks of NCsoft Corporation. All other company and product names are trademarks or registered trademarks of the respective owners with which they are associated.