Rules
2008 POKÉMON® VIDEO GAME SHOWDOWN
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE ODDS OF WINNING.
MANY WILL ENTER, FEW WILL WIN.
- ELIGIBILITY: The 2008 POKÉMON® Video Game Showdown (“Tournament”) is open only to legal residents of the fifty United States and the District of Columbia who own or possess a NINTENDO® DS™ game system, and a North American version of POKÉMON® Diamond™ or POKÉMON® Pearl™ video games on or before 5/15/08 and who have a valid My Pokemon account . Only the NINTENDO DS system is compatible with the format of the Tournament. Employees of Pokémon USA, Inc., Nintendo of America Inc., Sitelines Productions, POP Multimedia, Inc., and their respective parent, subsidiary, or affiliated companies, promotional and fulfillment agencies (collectively “Tournament Entities”), as well as the immediate family (spouse, parents, siblings, and children), and household members of each such employees (whether related or not), are not eligible to enter or win. The Tournament is subject to all applicable federal, state, provincial, and local laws and regulations and is void in Puerto Rico, U.S. possessions and territories, and where prohibited by law. Internet access is required. Please check with a parent or legal guardian before accessing the Internet.
- SPONSOR: Pokémon USA, Inc., 333 108th Ave NE, Suite 1900, Bellevue, WA 98004.
- AGREEMENT TO OFFICIAL RULES: By entering the Tournament, entrant fully and unconditionally agrees to and accepts these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth herein and the Tournament Rules of Play, which are posted at http://showdown.pokemon.com and incorporated here by reference.
- TIMING: The Tournament begins 5/15/08 and is scheduled to end at the 2008 Pokémon Video Game Showdown on 8/16/08 (the “Promotion Period”). The Start Date/Time and End Date/Time for taking the Online Qualifying Challenge are listed below for each location. NOTE: ELIGIBILITY DEPENDS ON SUCCESSFULLY COMPLETING THE ONLINE QUALIFYING CHALLENGE IN YOUR AGE DIVISION. AFTER THE CLOSE OF THE ONLINE QUALIFYING CHALLENGE, IF MORE THAN 128 PLAYERS CORRECTLY ANSWER 75% OF THE CHALLENGE QUESTIONS, THEN ALL SUCH PLAYERS WILL BE ENTERED INTO A RANDOM DRAWING TO SELECT 128 QUALIFYING PLAYERS. IF 128 OR FEWER PLAYERS CORRECTLY ANSWER 75% OF THE CHALLENGE QUESTIONS, THEN ALL SUCH ENTRANTS SHALL BE QUALIFYING PLAYERS. The location and times for the Showdown Qualifying Tournaments are also listed below.
- Schedule of Qualifying Events:
The 2008 Pokémon Video Game Showdown will be held in Orlando, Florida on 8/16/08 at the Hilton in the Walt Disney World Resort, located at 1751 Hotel Plaza Boulevard, Lake Buena Vista, Florida 32830
Qualifying Tournament Location Qualifying Online Challenge Start Date/Time Qualifying Online Challenge Close Date Showdown Qualifying Tournament Venues Showdown Qualifying Tournament Date/Time Los Angeles, CA May 15, 2008 June 17, 2008 California Science Center, Los Angeles, CA July 12, 2008 New York, NY May 15, 2008 June 17, 2008 The Altman Building, New York, NY July 19, 2008 - HOW TO PARTICIPATE: The Tournament consists
of (1) a Qualifying Online Challenge round, which is played online
through the Internet; (2) Showdown Qualifying Tournaments held in the
U.S.; (3) the 2008 Pokémon Video Game Showdown.
- QUALIFYING ONLINE CHALLENGE: Go to http://showdown.pokemon.com and register for the Qualifying Online Challenge during the applicable time periods listed in the chart above. To play the Pokémon Qualifying Online Challenge you must register online at http://showdown.pokemon.com to establish a My Pokémon Account before taking the Qualifying Online Challenge. To take the Qualifying Online Challenge, you must select one of two Showdown Qualifying Tournament locations where you would be invited to compete in the Showdown Qualifying Tournament if you are a winner of the Qualifying Online Challenge. Note: You may wish to pick the Qualifying Tournament Location that is most convenient for you to travel to. You can play the Pokémon Qualifying Online Challenge one time (one for the location you select) during the Promotion Period, and you must enter during the specified testing period set forth above. Once you select the Qualifying Tournament location, take the age-appropriate (Born in ’96 or later, or born in ’95 or earlier) test. You must achieve a score of at least 75% correct. After the close of the online challenge, if more than 128 winners from either age division at any location correctly answer 75% or more of the questions, there will be a random drawing to select 128 winners for that age division and location. If there are 128 or fewer contestants in any age division for a location who answer at least 75% of the questions correctly, then all those contestants will be invited to the Showdown Qualifying Tournament for that location. Only 256 (128 from each of two age divisions) can qualify per each Qualifying Tournament Location. Sponsor reserves the right to select additional entrants as alternates. LIMIT: You can take the qualifying test only once. You may only enter in connection with one of the two Qualifying Tournament locations chosen when you register. LIMIT: One (1) entry per person.
- SHOWDOWN QUALIFYING TOURNAMENTS: Winners of the Qualifying Online Challenge (and alternates, if any) (“Qualifying Tournament Participants”) are invited to compete in a Showdown Qualifying Tournament held at the Qualifying Tournament Location venue corresponding to the Qualifying Tournament Location specified upon entry (see chart above in Section 4). Qualifying Tournament Participants should prepare their POKÉMON Diamond or POKÉMON Pearl video game cartridge with a strong team of POKÉMON to use during the tournament. The Tournament Rules of Play are in effect. Consult them when creating your team. If fewer than 128 Online Challenge winners in any age division (128 Online Challenge winners from each age division who selected the same Qualifying Tournament Location) are checked in by the posted deadline for check-in at any Qualifying Tournament Location on the date of that event, then Sponsor may randomly select alternates from those in attendance at the event who have with them their North American POKÉMON Diamond or POKÉMON Pearl video game cartridge and otherwise meet the eligibility requirements (other than having a My Pokemon account. Qualifying Tournament Participants will battle in accordance with the Tournament Rules of Play until there is one winner in each of the two age divisions (Born in ’96 or later, or born in ’95 or earlier) for each Qualifying Tournament Location (32 winners in all). The top eight finishers in each age division, subject to verification and compliance with all of the terms set forth in these Official Rules, are “Showdown Participants” and win seats to the Video Game Showdown in Orlando, Florida. Interpretation of the Tournament Rules as necessary shall be the sole right of the Sponsor, whose decisions concerning such interpretations are final.
- 2008 POKÉMON® VIDEO GAME SHOWDOWN (“SHOWDOWN”): Winners of Showdown Qualifying Tournaments (“Showdown Participants”) are invited to compete in the Video Game Showdown held in Orlando, Florida at the Hilton in the Walt Disney World Resort, located at 1751 Hotel Plaza Boulevard, Lake Buena Vista, Florida 32830. The Showdown will include not only the 32 winners of the Showdown Qualifying Tournaments, but also up to 32 winners of a Pokémon video game competition being held in Japan who have won invitations to compete in the Showdown. Therefore, there will be up to 64 competitors in the Showdown. Participants in the first round of competition will be paired randomly. If a participant is paired with a competitor who is not checked in at the event by the posted deadline for check-in, then the participant present at the event will get a “bye” and advance to the next level of play. Participants should prepare their POKÉMON Diamond or POKÉMON Pearl video game cartridge with a strong team of POKÉMON creatures to use during the tournament. The Tournament Rules of Play are in effect. Consult them when creating your team. Showdown Participants will battle in accordance with the Tournament Rules of Play until there is one winner in each of the two age divisions (Born in ’96 or later, or born in ’95 or earlier, or Junior Division and Senior Division). Those winners, subject to verification and compliance with all of the terms set forth in these Official Rules, are POKÉMON Video Game Showdown Champions. The Showdown Participants who lose to the POKÉMON Video Game Showdown Champions in the final round are Second Place Winners, subject to verification and compliance with all of the terms set forth in these Official Rules. The two losing Showdown Participants in the semi-final round in each of the two age divisions, subject to verification and compliance with all of the terms set forth in these Official Rules, are Third Place Winners. The four losing Showdown Participants in the quarterfinal round in each of the two age divisions, subject to verification and compliance with all of the terms set forth in these Official Rules, are Fourth Place Winners.
- DETERMINATION OF WINNERS: The odds of winning a prize in the Qualifying Online Challenge depend on the number of eligible entries received, the number of competitors who attend the Showdown Qualifying Tournaments and the number of competitors (including without limitation the number of participants from Japan) who compete in the Showdown, as well as the skill and knowledge of the competitors. In the event of a dispute as to ownership of an entry, entrant may be required to provide proof of ownership of the e-mail account and/or My Pokémon account used to enter the Tournament. Entries must be made from a single computer and may not be made by proxy, or automated means such as by script, bot, macro or any other similar software or program. Entrants’ e-mail addresses are collected for the sole purpose of this Tournament. Sponsor will maintain entrants’ e-mail addresses and other personal information gathered online in accordance with its privacy policy located at http://www.go-pokemon.com/privacypolicy.html#kids
- NOTIFICATION: Sponsor will notify potential Qualifying Online Challenge winners by e-mail after the end of the drawing as to whether they have won the Qualifying Online Challenge. If a potential prize winner cannot be reached after reasonable effort has been exerted by Sponsor, if potential winner fails to respond to any attempted notification within ten (10) days, if he/she is found to be ineligible, or if he/she cannot or does not comply with these Official Rules, such potential prize winner may be disqualified and an alternate may be designated in his or her place. Winners, subject to verification and compliance with these Official Rules, of the Showdown Qualifying Tournaments will be notified at the designated Showdown Qualifying Tournament venue.
- REQUIREMENTS OF POTENTIAL WINNERS: Except where prohibited, potential Showdown Participants will be required to execute an affidavit of eligibility and liability/publicity release (collectively “Affidavit/Release”) which must be signed, notarized, and returned no less than 24 hours prior to the Video Game Showdown or such Showdown Participant will be disqualified and an alternate Showdown Participant may be named. Except where prohibited, potential POKÉMON® Video Game Showdown Champions will be required to execute an Affidavit/Release, which must be signed, notarized, and returned within fourteen (14) days of the date of the notification or such potential Showdown winner will be disqualified and an alternate POKÉMON® Video Game Showdown Champion may be named. If a potential winner is a minor, his or her parent or legal guardian will be required to sign the Affidavit/Release on the potential winner’s behalf. Travel Guest(s) of Showdown Participants and POKÉMON® Video Game Showdown Champions will be required to execute a travel guest release which must be signed and returned on or before the Video Game Showdown (in the case of guests of Showdown Participants) or before issuance of travel documents (in the case of POKÉMON® Video Game Showdown Champions). It is the responsibility of the winner and his or her travel companion(s) to arrive at the designated U.S. gateway city in time for their flights, with proper travel documentation, including passports or visa, if necessary. Certain travel and security restrictions may apply to travel generally and to the winner and his or her companion(s) specifically. All trips will be arranged at Sponsor’s sole discretion. Travel to Orlando must be taken by the date specified by Sponsor, or prize will be forfeited without compensation. It is the responsibility of the winner and his or her companion(s) to comply with all travel, security and other laws, regulations, airline passenger, hotel and other rules that may apply to them.
- PRIZES:
- TWO (2) POKÉMON® VIDEO GAME SHOWDOWN CHAMPIONSHIPS GRAND PRIZES: A trip for four to Tokyo, Japan, New York, NY, USA or Oahu, Hawaii, USA. Trip includes round-trip coach air transportation for four (4) from the international airport closest to winner’s residence to their choice of one of the three listed cities. Trip includes 6-day/5-night double occupancy hotel occupancy accommodations for four (in two standard rooms), a Custom Nintendo DS game system, and a POKÉMON® prize pack. Approximate retail value (“ARV”): $10,000
- TWO (2) POKÉMON® VIDEO GAME SHOWDOWN CHAMPIONSHIPS SECOND PLACE PRIZES: A Custom Nintendo DS game system, and a POKÉMON® prize pack. ARV: $1,250.00.
- FOUR (4) POKÉMON® VIDEO GAME SHOWDOWN CHAMPIONSHIPS THIRD PLACE PRIZES: A Custom Nintendo DS game system and a POKÉMON® prize pack. ARV: $750.00.
- EIGHT (8) POKÉMON VIDEO GAME SHOWDOWN CHAMPIONSHIP FOURTH PLACE PRIZES: A Custom Nintendo DS game system and a POKÉMON® prize pack. ARV: $500.00.
- SIXTY-FOUR (64) SHOWDOWN PARTICIPANT PRIZES: A trip for two to Orlando, Florida to compete in the POKÉMON® Video Game Showdown. Trip includes round-trip coach air transportation for two (2) from the major commercial airport nearest winner’s residence in the U.S. to Orlando, FL on a date specified by Sponsor to coincide with the Video Game Showdown. Winners residing within 200 miles of Orlando will receive ground transportation in lieu of air transportation, without compensation. Includes 4-day/3-night double occupancy hotel accommodations (standard rooms) and transportation to and from an Orlando area destination airport (unless ground transportation has been substituted as set forth above), a POKÉMON® prize pack. ARV: $2,160.00.
- FOUR (4) SHOWDOWN QUALIFYING TOURNAMENT WINNER PRIZES: A Wii four player prize package consisting of one (1) Nintendo Wii console system, three (3) additional Wii-motes, three (3) additional nunchuck controllers, and one (1) copy of POKÉMON® Battle Revolution. ARV: $450.00
- TAX INFORMATION: All federal, state, local, and other taxes on prizes are the sole responsibility of the applicable winner or, if the winner is a minor, his or her parent or legal guardian.
- PUBLICITY: Except where prohibited, participation in the Tournament constitutes each entrant’s consent to Sponsor’s use of winner’s name, likeness, voice, entry submissions, opinions, biographical information and state of residence for promotional purposes in any media without further payment or consideration or right of approval.
- GENERAL CONDITIONS: Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of this Tournament, the www.go-pokemon.com Web site, or any Web page or Web banner ad related to Tournament; to be acting in violation of the Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. If for any reason, the Tournament is not capable of running as planned, by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Tournament, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Tournament, and select Qualifying Online Challenge winners in a random drawing from all eligible entries received prior to and/or after (as appropriate) the modification or termination of the Tournament by Sponsor. Any attempt by any person to undermine the legitimate operation of the Tournament may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. Tournament is subject to these Official Rules. If any provision of these Official Rules is determined by a court to be unenforceable, that provision shall be severed from the Official Rules and the remaining provisions shall be binding on Sponsor and entrants.
- RELEASE: By participating in the Tournament, entrant or, if entrant is a minor, his or her parents or legal guardians, releases Tournament Entities from any liability whatsoever, and waives any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Tournament or delivery, mis-delivery, acceptance, possession, use of, or inability to use any prize (including without limitation, claims, costs, injuries, losses, and damages related to personal injury, 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.
- LIMITATIONS OF LIABILITY: The Tournament Entities are not responsible for any: (a) printing, typographical, mechanical, or other errors which may occur in connection with the Tournament or any related materials, including, but not limited to, these Official Rules; (b) errors which may occur in the administration of the Tournament or the processing of entries; (c) late, lost, illegible, altered, irregular, destroyed, damaged, incomplete, stolen, printed in error, postage-due, misdirected or delayed entries, e-mail, prize claims or Affidavit/Releases; (d) for any computer, telephone, cable, satellite, network, electronic or online/Internet hardware or software malfunctions, failures, connections, or availability, or garbled or jumbled transmissions, or service provider/Internet/Web site use, accessibility or availability, or traffic congestion, or unauthorized human intervention, other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information; or (e) 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 Tournament or receipt, possession, use or misuse of any prize. PRIZES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- DISPUTES: Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Tournament or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Tournament, but in no event attorneys’ fees; and (c) entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor and Tournament Entities in connection with the Tournament, shall be governed by, and construed in accordance with, the laws of State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of New York.
- OFFICIAL RULES AND TOURNAMENT RESULTS: Official Rules will be available at online at http://showdown.pokemon.com . You may also obtain a copy of these Official Rules and a list of Showdown Participants and other prizes winners (available after 8/15/08) by sending a self-addressed, stamped envelope (to be received no later than 9/15/08 to: “Pokémon Video Game ShowdownWinners”, 333 108th Ave NE, Suite 1900, Bellevue, WA, 98004. Vermont residents may omit return postage for Official Rules request.