NO PURCHASE OR PAYMENT NECESSARY TO APPLY. THIS PROGRAM IS INTENDED FOR THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT APPLY IF YOU ARE NOT ELIGIBLE AND NOT A LEGAL RESIDENT OF THE U.S. AT THE TIME OF APPLICATION SUBMISSION. VOID WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
ELIGIBILITY TO APPLY: This Program is open only to legal residents of the United States and the District of Columbia (D.C.), who are eighteen (18) years of age or older and the age of majority in their state of residence (19 in Alabama and Nebraska). The following individuals are not eligible to apply or be selected as a Featured Gamer (as defined below): employees, contractors, directors, and officers of Intel Corporation ("Sponsor") and each of their respective parent, subsidiary and affiliated companies, and the web design, advertising, fulfillment, legal, judging, administrative, and promotions agencies involved in the administration, development, fulfillment, and execution of this Program (collectively, "Program Parties"), and the immediate family members (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same household of each such person (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Program). Void where prohibited.
APPLICATION PERIOD: Applications will be accepted between Monday, June 12, 2017 at 12:00:00 a.m. Central Time ("CT") and Sunday, December 31, 2017 at 11:59:59 p.m. CT (the "Application Period"). The Website server is the official clock for this Program.
HOW TO APPLY TO BECOME A FEATURED GAMER: During the Application Period, create a video clip that captures on-screen footage of your best gaming highlight. Then, visit the Sponsor's website at worldiswatching.intel.com (the "Website") during the Application Period and follow the on-screen instructions to complete an application and upload your Video (an "Application"). You must provide all required information for your Application to be eligible for consideration. You will be required to provide the time code(s) for the location(s) of your best gaming highlight(s) within your Video as part of your Application. Your Application may be disqualified for failure to provide your time code(s) for any Video. All Applications will be reviewed by the Sponsor, in its sole discretion, to determine which applicant(s), Application(s), and/or Video(s) may be given the opportunity to be featured in future Intel public relations and/or marketing content as a featured gamer ("Featured Gamer").
You may submit an unlimited number of Applications; however, each Application must be unique. If your Application includes a Video previously submitted in connection with another Application, Sponsor reserves the right to disqualify said Application. Automated means of participation are prohibited and any use of automated devices will cause disqualification. In the event of a dispute regarding the identity of an applicant, the natural person associated with the email address or the gamertag provided with the Application will be considered the applicant. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
VIDEO REQUIREMENTS: Videos must be in common video formats; must not exceed 1 hour in length; and must not exceed 2 gigs in size. Videos cannot have been submitted previously in a promotion of any kind, have won any previous awards, infringe upon on or be uploaded in violation of any third-party licenses, or have been exhibited or displayed publicly through any means. Videos must accurately depict the applicant's gaming experience, and Sponsor reserves the right to verify information contained in the Video/Application. Videos must be the original creation of the applicant. Videos must not include other people without their permission, must not include any added musical background; must be suitable for publication (i.e., may not be obscene or indecent); must not contain obscene or pornographic material; may not contain defamatory, offensive, or inappropriate statements; may not invade privacy, publicity or other rights of any person, firm or entity; and may not in any other way violate applicable laws and regulations. Any Video containing false information, prohibited material or inappropriate content, or deemed to be in violation of these Program Terms or the applicable requirements, or otherwise infringing, harmful, inappropriate, or defamatory, or generally not in keeping with the image of the Sponsor, as determined by the Sponsor in Sponsor's sole discretion, may be disqualified and will not be considered. The Sponsor reserves the right to require signed legal releases for Sponsor's use of any Video that includes or contains likenesses of third parties, in a form satisfactory to Sponsor, prior to confirming the applicant's selection as a Featured Gamer. Sponsor will make the final determination as to which Videos/Applications are eligible to be considered in connection with this Program.
GRANT OF LICENSE: By submitting an Application, applicants grant to Sponsor a non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, edit, delete, display, create derivatives works of, and otherwise exploit each applicant's name, likeness, voice, quotes, comments, biographical information, Application, and/or the Video, or any portion thereof, together with other materials, edited or altered as Sponsor sees fit, in any manner, in any media now known or hereafter devised, for advertising, trade, publicity, promotional and commercial purposes in connection with Sponsor's brands or products, including, but not limited to, posts on Sponsor's social media pages, the Website and/or any other website, without limitation and without any further right of approval, permission or compensation. By submitting a Video, applicants agree that Sponsor has no obligation to post any Video or Applications, or make use of the rights granted herein and may take down any Video at any time and for any reason. BY SUBMITTING A VIDEO, APPLICANT ACKNOWLEDGES THAT HIS/HER VIDEO MAY BE POSTED ON SPONSOR'S SOCIAL MEDIA PLATFORMS, SPONSOR'S WEBSITE, AND/OR ANY OTHER WEBSITE, IN SPONSOR'S SOLE DISCRETION. By participating, applicants agree to abide by and be bound by these Program Terms.
SELECTION OF FEATURED GAMERS: Eligible Applications will be reviewed and selected as Featured Gamers on an ongoing basis, up until and including December 31, 2017, at 11:59pm CST. Potential Featured Gamers will be notified by email using the email address provided with the Application. If a potential Featured Gamer notification is returned as undeliverable, the potential Featured Gamer is ineligible, or the potential Featured Gamer declines to participate in Sponsor public relations and/or marketing content or otherwise fulfill the obligations of a Featured Gamer, another applicant may be selected as a potential Featured Gamer. Each potential Featured Gamer is subject to verification, including verification of age. Selected potential Featured Gamers will be required to complete, sign and return a Featured Gamer Agreement, including an Affidavit/Release, Publicity Release (where lawful), and agreement to transfer all rights to his or her Application (including without limitation the Video) within five (5) days of attempted notification or his or her selection as a Featured Gamer may be rescinded. Sponsor is not responsible for any change of email address, mailing address, telephone number, and/or other contact information of applicants.
Applicants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Program and that Sponsor's decisions are final and binding in all respects. Selection as a Featured Gamer is non-transferable, and no additional consideration, cash equivalent, prize, award, or substitution is offered, except at the sole discretion of the Sponsor.
GENERAL CONDITIONS: INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION. If the Program is not capable of running as planned for any reason, including without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the application process, and to cancel, modify, or terminate the Program. In the event of cancellation, Sponsor may continue to select Featured Gamers from among all eligible, non-suspect Applications received prior to cancellation. In the event that an Application is confirmed to have been erroneously deleted, lost or destroyed, applicant's sole remedy shall be another Application into the Program.
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Program Parties (collectively, "Releasees") resulting from user's participation in, attempt to participate in, or download of any information in connection with participating in, the Program. No responsibility or liability is assumed by the Sponsor or Program Parties for technical problems or technical malfunction, including, without limitation, those arising out of, from, or in connection with any of the following occurrences that may affect the operation of the Program: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, or hosts; garbled, jumbled, or otherwise faulty data transmissions; failure of any email transmissions to be sent to, received by, or otherwise communicated between applicant and Sponsor; lost, late, delayed, or intercepted email transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or Website; unauthorized human or non-human intervention in the operation of the Program, including and without limitation, unauthorized tampering, hacking, theft, virus, bug, worm; or destruction of any aspect of the Program. Sponsor is not responsible for any typographical errors in the announcement of a selection of a Featured Gamer or these Program Terms, or any inaccurate or incorrect data contained on promotional materials or on the Website. Use of the Website is at user's own risk. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained to user's or any other person's computer equipment resulting from participation in the Program, use of the Website or the download of any information from the Website, or any other loss related to user's participation in the Program, submission of an Application, or selection as a Featured Gamer. As a condition of applying, applicants agree to release Sponsor and Program Parties from any and all liability, loss, or damage incurred with respect to applicant's participation in the Program, submission of an Application, or selection as a Featured Gamer.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Program shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Sponsor will pay as much of the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor the Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE APPLICANT'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT SUBMIT AN APPLICATION OR PARTICIPATE IN THIS PROGRAM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE PROGRAM TERMS.
BY SUBMITTING AN APPLICATION AND/OR PARTICIPATING IN THIS PROGRAM, EACH APPLICANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE PROGRAM, OR ANY SELECTION AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY APPLICANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND APPLICANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) APPLICANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND APPLICANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY APPLICANT.
PUBLICITY: Except where prohibited by law, in consideration for his/her selection as a Featured Gamer, each Featured Gamer grants permission for Sponsor and those acting under its authority to use his/her name, and address (city, state, country), Video(s), Application(s), voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on Website) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation.
GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Program Terms, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 9 of these Program Terms. By applying, you consent to the jurisdiction and venue of the federal, state, and local courts located in Santa Clara, California for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts. Sponsor's failure to enforce any term of these Program Terms shall not constitute a waiver of that or any other provision. If any provision of these Program Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
SPONSOR: Intel Corporation, 2200 Mission College Blvd Santa Clara, CA, 95054, USA.