Official “Drawn to Win” Contest Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.  VOID WHERE PROHIBITED BY LAW. MUST BE AGE 13 OR OLDER TO ENTER.

1. Contest.  Entrants should submit their most creative and original drawing using the “Drawn to Life: SpongeBob SquarePants Edition” demo featured on www.drawntolifespongebob.com (the “Site”) pursuant to these Official Contest Rules.  The entries will be judged by the sponsor, THQ Inc. (“Sponsor”) and the winning entrants will win prizes as further set forth below.

2. Judging Criteria.  Submissions will be judged by a panel of judges selected by Sponsor (the “Judging Panel”).  Submissions will be scored on the following three (3) criteria:  creativity – 40 pts, originality – 40 pts, game appropriateness – 20 pts. All decisions of the Judging Panel are final.  All entries must be original works of art and should not mimic or mirror any licensed character or known property.  Any such identifiable entries will be disqualified.

3. Eligibility.  NO PURCHASE NECESSARY.  Open to legal residents of the 50 United States and District of Columbia (excluding residents of New York, Florida, Rhode Island, and any other jurisdiction where Contest would be prohibited by law) who are 13 years of age or older at time of entry.  Void in Puerto Rico, all U.S. territories and possessions and overseas military installations.  Limit one entry per person.  No other entries will be accepted.  All entrants must have an existing Internet account and a valid email address at the time the Contest commences. Employees of Sponsor and their respective agents, affiliates, subsidiary and parent companies, sales representatives, marketing affiliates and partners, distributors, advertising and promotion agencies, and members of the immediate families or household of each are not eligible.  Void where prohibited by law.

4. How to Enter. To enter, visit www.drawntolifespongebob.com and use the widget drawing tool to complete your drawing.   Once you have completed your drawing, click on the “DONE” button and follow the prompts to the Contest entry form.  Complete all information requested in the entry form and click “Confirm”.  Your drawing will automatically be entered with the submission of your entry form.  Only complete entries (with all the information as requested) will be accepted as a submission.  Entries will be accepted between 12:01 AM (PST) on October 15, 2008 and 11:59 PM (PST) on December 15, 2008 (the "Contest Period").  No other methods of entry will be accepted.  Sponsors have the sole discretion to determine the valid and official entry time should any discrepancies of time occur. 

5. Entry Conditions.  By entering, entrant agrees (and by permitting a Minor to enter, that Minor’s parent/legal guardian agrees on behalf of themselves and the Minor entrant): (a) To be bound by these Official Rules; (b) To accept as final and binding the decisions of the Sponsors, the Judging Panel and their agents in all matters relating to this Contest; (c) That all entries submitted become the property of Sponsors and will not be acknowledged or returned.  The information obtained via the entry will not be used by Sponsors for any purpose other than for entry into this contest.  Any entry information collected for the Contest shall be used only in a manner consistent with the consent given by entrants at the time of the entry, in accordance with these Official Rules and with the THQ Online Privacy Policy, which can also be accessed at the Site. For the purposes of this Contest, a “Minor” shall be defined as any individual who is not at least the age of majority in his/her jurisdiction of residence at the time of entry to the Contest.

Contest submissions must NOT include material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing.  Any entries which violate any of these requirements will be deemed ineligible.

6. Winner Selection and Notification. One (1) Grand Prize Winner will be selected by the Judging Panel by January 31, 2009 from all eligible entries received. Judges’ decisions are final and binding in all matters. A prize won by a Minor, will be awarded in the name of their parent or legal guardian.  Winners (and Winner’s parent/legal guardian, if a Winner is a Minor) will be notified by email approximately ten (10) days after selected.  Winners will be required to sign and return an affidavit of eligibility and liability release, and a publicity release, where lawful within fourteen (14) days of the date of issuance or prize will be forfeited. If prize notification or prize is returned as non-deliverable, prize will be forfeited and an alternate Winner will be selected. Unclaimed prizes will not be awarded. If an individual winner does not claim his or her prize by March 15, 2008, the prize will be forfeited back to the supplier. Prizes cannot be claimed after the Contest has been completed or forfeited. 

In the event of a dispute about the identity of the entrant, entries made online will be declared made by the authorized account holder of the email address submitted at time of entry.  An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.  The potential Winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry.

7. Prizes. The following prizes (with corresponding approximate retail values) will be awarded: One (1) Grand-Prize Winner (the “Winner”) will have their winning character drawing featured as a playable character in the next “Drawn to Life” videogame for the Wii.  The Grand Prize Winner will also receive one (1) Wii videogame system (ARV: $250.00), one (1) copy of the “Drawn to Life: SpongeBob SquarePants Edition” videogame for the Nintendo DS (ARV: $29.99), one (1) copy of the “SpongeBob SquarePants Featuring Nicktoons Globs of Doom” videogame for Wii (ARV: $49.99). The total ARV of each Grand Prize is $329.98.  The total ARV of all prizes to be awarded in this Contest is $329.98.  The Winner will be expected to abide by all rules set forth by the Sponsor and agree that all decisions by the Sponsor will be final.   

8. Materials/Rights to Submissions.  Each entrant agrees and acknowledges that all right, title and interest in and to the entry, drawing, and any materials or information supplied by entrant to Sponsor in relation to the Contest (collectively the "Materials"), including without limitation any and all intellectual property rights therein, are irrevocably assigned to Sponsor and entrant retains no rights whatsoever therein.  Sponsor shall have the right to edit, adapt, and modify the Materials as it deems appropriate for any use as determined by Sponsor in its sole discretion, including but not limited to the right to publish, promote, advertise and otherwise exploit the Materials in any way, in any media throughout the world, without any compensation to the entrant.  Winner further understands and agrees that the “look and feel” of their entry may vary from the original Materials due to any such adaptations and modifications as set forth above. Entrant agrees to do all things and execute all documentation necessary to effect the assignment and/or waiver herein described. The entrant acknowledges that SPONSOR OR ITS ASSIGNS MAY COMMERCIALLY EXPLOIT THE MATERIALS WITHOUT LIABILITY OR ADDITIONAL CONSIDERATION OF ANY KIND TO THE ENTRANTS.

By entering this Contest, each entrant (i) represents and warrants that his or her drawing is wholly original and does not infringe upon the rights of any third party; and (ii) agrees to indemnify and hold Sponsor, and their respective parents, subsidiaries, and affiliates and their employees, officers, directors, shareholders, agents, representatives and advertising, promotion, and fulfillment agencies, and legal advisors, harmless from and against any and all losses, damages, rights, claims and actions of any kind arising out of any breach by entrant of the representations and warranties set forth in subsection (i) above.

9. General Conditions.  Neither Sponsor nor any of their agencies are responsible for lost, interrupted, or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions, or technical failure, jumbled, scrambled or misdirected transmissions, or other errors of any kind whether human, mechanical or electronic or for phone, electrical, network, computer hardware or software program malfunctions, failures or difficulties, or for ISP/network/Web site accessibility or unavailability, any incorrect or inaccurate entry information; human errors; technical malfunctions; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; typographical, printing or other errors.  Illegible, incomplete, duplicate and mechanically reproduced entries will be disqualified.  False, fraudulent or deceptive entries or acts shall render entrants ineligible.  By entering the Contest, entrants affirm that they have read and accepted these Official Rules. Persons found tampering with or abusing any aspect of this Contest, as solely determined by Sponsor, will be disqualified. If disqualified for any tampering or abuses, Sponsor reserves the right to terminate entrant’s eligibility to participate in Contest. In the event any portion of this Contest is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupts, or impairs the administration, security, fairness or proper submission of entries, Sponsor reserves the right at their sole discretion to suspend or terminate the Contest, and select a Winner from entries received prior to the action taken. All decisions of Sponsor on all matters relating to this Contest are final.

10. General Release.  BY ENTERING THIS CONTEST, ENTRANTS AGREE THAT SPONSOR SHALL NOT BE LIABLE FOR PERSONAL INJURIES, DEATH, DAMAGES, EXPENSES OR COSTS OR LOSSES OF ANY KIND RESULTING FROM PARTICIPATION OR INABILITY TO PARTICIPATE IN THIS CONTEST OR ACCEPTANCE OF OR USE OR INABILITY TO USE A PRIZE OR PARTS THEREOF INCLUDING, WITHOUT LIMITATION, CLAIMS, SUITS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (WHETHER INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY. WINNERS RELEASE THE SPONSOR FROM ANY AND ALL LIABILITY AND RESPONSIBILITY WITH RESPECT TO A PRIZE (INCLUDING ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY OR DEATH). WINNERS ACKNOWLEDGE THAT SPONSOR HAS NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATED TO A PRIZE. IF WINNER IS A MINOR, WINNER’S PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO INDEMNIFY EACH OF THE RELEASED PARTIES FROM ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH WHICH MAY BE SUFFERED BY THE UNDERAGED WINNER.

11. Use of Winner’s Name and Likeness.  Except where legally prohibited, Winner grants permission for Sponsor and those acting under their authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes without consent or additional compensation.

12. Winner Responsibility.  ALL FEDERAL, STATE, AND LOCAL TAXES, LICENSE, TITLE AND/OR REGISTRATION FEES OR OTHERS COSTS, ASSOCIATED WITH WINNING THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.  SPONSORS SHALL NOT BE RESPONSIBLE FOR ANY SUCH TAXES, FEES AND COSTS.  

13. Winners List.  For names of Winners, send a stamped, self-addressed envelope for receipt by March 31, 2008 to:  “Drawn to Win” Contest Winners, 29903 Agoura Road, Agoura Hills, CA 91301.

14. Miscellaneous.  The Contest and these Official Rules will be governed, construed, and interpreted under the laws of the State of California, United States of America.  Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.  Sponsors reserve the right, in their sole discretion, to change these Official Rules at any time without notice.  Sponsor reserves the right, in their sole discretion, to disqualify persons whose eligibility is in question or for any other reason whatsoever. The Contest is not sponsored by Nintendo.

15. Sponsor.  THQ Inc. 29903 Agoura Road, Agoura Hills, CA 91301. 

THQ’s General Terms of Use and Privacy Policy apply to this Contest.  Please review them at http://www.thq.com/legal/terms.php and http://www.thq.com/legal/privacy.php.