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Competition Rules for Mega Man Zero/ZX Community Heroes Competition

Feb 28, 2020 // Kellen Haney

These Competition Rules set out the rules that govern the Mega Man Zero/ZX Community Heroes Competition (“Competition”). They must be read together with the Capcom General Terms and Conditions for Online and Social Media Promotions available at http://www.capcom.com/capcom/legal_privacy/contest_rules.html and which are incorporated herein by reference.  If there is any inconsistency between these Competition Rules and the Capcom General Terms and Conditions for Online and Social Media Promotions, then these Competition Rules will take precedence but only to the extent of such inconsistency.

1.      Competition Description.  Persons residing in North, South, or Central America (each, an “Entrant”) may submit a maximum of one (1) entry consisting of a digital photograph or video showing any of the following creative works:

     i.          A digital or traditional drawing, illustration, painting, sculpture, or similar visual art (“Artwork”) related to Capcom’s videogame series “Mega Man Zero” or “Mega Man ZX”;

     ii.          A costume made, in full or in part, by hand where one or more person is representing a character from Capcom’s videogame series “Mega Man Zero” or “Mega Man ZX”; (“Cosplay”);  

     iii.          A sketch, skit, dramatic reading, song, or other short-form production recorded via video, no longer than sixty (60) seconds in length related to Capcom’s videogame series “Mega Man Zero” or “Mega Man ZX” (“Video”); or

     iv.         Any product featuring characters from, and/or related to Capcom’s videogame series “Mega Man Zero” or “Mega Man ZX” (“Picture”);

Each individual entry consisting of a digital photography or video of Artwork, Cosplay, Video, or Picture will be referred to as an “Entry.”

2.      Entry Submission Requirements.  Each Entry must be uploaded to Twitter (and by no other means) in accordance with the following instructions:

     i.              Log in to your Twitter account and upload your Entry to your respective account. See individual platform guidelines for specific instructions on how to upload a video.

     ii.             Post a tweet with a link to your Entry and include the hashtag “#ZeroZXContest”. Your tweet must include the hashtag to be eligible.

     iii.            You must be an active holder of a non-private Twitter account to enter this Competition (i.e., you must make sure your tweets are set to “public” and not “private”). If you do not have a Twitter account, you can create one by visiting www.twitter.com. Twitter accounts are free.  By submitting an Entry, you agree to be bound by the applicable Twitter terms of service and privacy policy.

Limit one (1) Entry per person. Duplicate entries by the same person through multiple accounts will be subject to disqualification.  Entries which are not compliant with these Competition Rules will be rejected.  If there is any omission or false statement, Capcom may withdraw its selection of the Entry.  Multiple Entrants are not permitted to share the same Twitter account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different Twitter accounts, identities, registrations and logins, or any other methods will void that Entrant’s entries and that Entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Twitter account, the authorized account holder of the email address used to register on the platform will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online 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. No automated entry devices and/or programs permitted.

3.      Competition Prize.   The Grand Prize(s) for winning the Competition are one (1) of three (3) Rockman Zero & ZX Double Hero Collection: e-Capcom Limited Editions, selected and provided at Capcom U.S.A.’s sole discretion (each, a “Prize”). A Capcom representative will contact the three (3) Grand Prize winners within twenty (20) days of the announcement of the winner(s) to explain to the winner(s) the full details of the Prize in due course. The monetary value of each Prize is approximately $130 USD.   

4.      Competition Period. The Competition is open from 12:00 PM PST, February 28th, 2020 and closes 11:59 PM PST on March 13th, 2020. Entries submitted before this period has begun or after this period has ended may be qualified at Capcom’s sole discretion.

5.     Eligibility. The Competition is open to legal residents of the countries in North America, Central America, and South America, except for (i) employees of Capcom, their families, agents or anyone professionally connected with the Competition or (ii) residents in any such country where local laws prohibit or restrict participation in the Competition. The Competition is open to all individuals thirteen (13) years old and older.  All Entrants must be at least thirteen (13) years old, but under the age of majority in the jurisdiction in which they live (a “Minor”) must have the permission of a parent or legal guardian to register for, submit an Entry, and participate in the Competition.

6.Competition Winner.Three (3) Grand Prize winners will be selected by a panel of Capcom staff on the basis of originality and creativity among all eligible Entries received during the Competition period. Capcom may disqualify any Entry, even after winning the Prize, where it determines that the Artwork, Cosplay, Video, or Picture:

      i.        infringes intellectual property rights or any other rights of a third party;

     ii.        has been submitted to another contest, assigned to a third-party, licensed to a third party, or  released to the public (e.g. via a previous posting on a website, social media platform, or blog);

    iii.        offends against public order or decency;

    iv.        does not comply with these Competition Rules; or

     v.        is inappropriate to the Competition for any other reason as determined in Capcom’s sole discretion.

7.Winner Notification.The three (3) Grand Prize winners will be notified between March 13th and March 20th via a Direct Message from a Capcom representative, to the Twitter account from which the respective Entry was submitted.  Notified winners must respond to the selection message to validate their contact details. Winners must claim their Prize by responding within seven (7) days of first contact and execute an Affidavit of Eligibility and Liability/Publicity Release. Winners’ names will be available on request by e-mailing contest@capcom.com. If the winner doesn’t reply to Capcom by the designated date, the winner will be deemed to have declined the Prize.  In that case, the winner will forfeit the rights to receive the Prize and Capcom may select a new winner in its sole discretion. If the winner replies to Capcom, Capcom will endeavor to deliver the Prize to the winner within thirty (30) days thereof.

Even if an Entry does not win the Competition, Capcom may still contact the Entrant if the Artwork, Cosplay, Video, or Picture is of high quality. Capcom cannot answer any questions about the process or reason of the winner selection, and all selections are made in Capcom’s sole discretion.

If a Canadian resident is selected to win a Prize, that person must also answer correctly, within a five (5) minute time period, a mathematical skill-testing question without the benefit of any calculating devices before the prize will be awarded.

8.      Personal Information.Competition data is handled by Capcom.  In addition to the rights granted under Section 11, below,names and email addresses of Entrants to this Competition will be used for the following purposes by Capcom, its agents and/or its related, affiliated or subsidiary companies:

  1. For selection and notification of a winner; and
  2. Online or in print publication in connection with this Competition.

In addition to the above purposes, we store your personal data included in emails sent or received by our email address (contest@capcom.com) for archival purposes, which is for our legitimate interests in keeping an archive of our general correspondence. 

Capcom may share your personal data with its contractors or other service providers solely for the purposes specified above.  In addition, Capcom may from time to time share your personal data with other Capcom affiliates, including Capcom Co., Ltd. The Entrant gives permission to be contacted by Capcom Co., Ltd. for rights treatment. Capcom will ensure that such recipients will be bound by appropriate safeguards, mainly either standard data protection clauses or binding corporate rules approved by the European Commission, Privacy Shield Program or California Consumer Privacy Act. 

9.      Representations of Originality. By submitting an Entry, you represent and warrant that: except for any Capcom content or intellectual property from which you may have taken inspiration to create your Entry, (i) you own the Artwork, Cosplay, Video, or Picture, or otherwise have obtained all required rights, consents, permissions and clearances necessary to grant the assignment set forth in Section 10, below, (ii) if the Entry includes images of you and others, you have secured from each of the others all required rights, consents, permissions and clearances necessary to grant the license set forth in Section 11, below;  (iii) your Entry does not violate any third party rights, including intellectual property rights, (iv) submitting your Entry to Capcom and any use thereof by Capcom will not violate any third party rights, and (v) you will provide to Capcom, at Capcom’s request, written confirmation that you have obtained all required rights, consents, permissions and clearances referenced in Sections 9(i) and 9(ii), above.  You agree to pay all royalties, fees, and any other monies owed to any third party by reason of any Entry submitted by you.  You acknowledge that you do not own the rights to any Mega Man, Mega Man Zero, or Mega Man ZX game graphics or other content or any other Capcom character, theme, music, video, game, artwork, sound effect, other creative asset or intellectual property, or Mega Man or any other Capcom titles from which you may have taken inspiration to create your Entry, and that such remains the property of Capcom or its licensors.

10.   Assignment to Capcom.  By submitting an Entry, you hereby irrevocably assign, convey and otherwise transfer, and will assign, convey and otherwise transfer, to Capcom U.S.A., Inc.  all rights, title and interests worldwide in and to the Entry and all proprietary rights therein, including without limitation, all copyrights, trademarks, moral rights and all contract and licensing rights, and all claims and causes of action of any kind with respect to any of the foregoing, whether now known or hereafter to become known.   To the extent any work done by Entrant hereunder falls within one or more of the categories enumerated in part (2) of the definition of a “work made for hire” in the Copyright Act (17 U.S.C. § 101) and any and all amendment thereto, Capcom U.S.A., Inc. and Entrant hereby expressly agree that such work shall be deemed to be a work made for hire and Capcom, U.S.A., Inc. shall be the authors of such work.

For the avoidance of doubt, you acknowledge and agree that Capcom:

      i.        Shall own all rights, title and interest in and to the Entry;

     ii.        May alter or modify the Entry, in whole or in part, in Capcom’s sole discretion; and

    iii.        Are not obligated to notify you in advance of any usage of the Entry.

11.   License to Capcom.By submitting an Entry, you hereby grant to Capcom, and each of its affiliated companies, a worldwide, nonexclusive, perpetual, irrevocable, transferable, sub licensable, royalty free license to use your name, email address, city and state of residence, or other information supplied by you (“Personal Information”) to identify your Entry in the Uses, without any obligation of attribution or compensation to you.  As used herein, “Uses” shall mean the uploading and posting of your Entry (or derivative works thereof) on the Capcom Facebook page, Capcom Unity or any other site hosted or sponsored by Capcom, and otherwise the exploitation your Entry (or derivative works thereof) in any format or medium now or later developed, including, but not limited to, merchandising, events, and other promotional activities. You understand that the Uses licensed to Capcom may include: public display of your Entry on Capcom-sponsored and unrelated websites; creation of Entry collection including your Entry and the photos, video and text of other Entrants for commercial sale; and incorporation of your Entry into Capcom video game products.

12.   Disclaimer.  Capcom shall not be obligated to use your Entry in any manner other than for the Competition purposes.

13.   Release.  By submitting an Entry, you thereby release Capcom, its parent, subsidiaries, and affiliates, and each of their officers, directors, employees and agents (the “Capcom Group”), from any and all liability with respect to, or in any way arising from (i) your Entry (or derivative works thereof), or (ii) Capcom’s use of your Entry, your Personal Information, or your image, voice or appearance, pursuant to these Competition Rules.  You agree to never sue or assert any claim against the Capcom Group for any use of your Entry, Personal Information or your image, or appearance, pursuant to these Competition Rules.

14.   INDEMNIFICATION.  YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CAPCOM GROUP FROM ANY AND ALL CLAIMS, DAMAGES, EXPENSES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) AND LIABILITIES (INCLUDING SETTLEMENTS), BROUGHT OR ASSERTED BY ANY THIRD PARTY AGAINST ANY OF THE CAPCOM GROUP DUE TO OR ARISING OUT OF YOUR ENTRY OR CAPCOM’S USE OF YOUR ENTRY, INCLUDING CLAIMS FOR TRADEMARK INFRINGEMENT, COPYRIGHT INFRINGEMENT, VIOLATION OF AN INDIVIDUAL’S RIGHT OF PUBLICITY OR OF PRIVACY, OR DEFAMATION.

15.   Choice of Law.  These Competition Rules shall be governed by the laws of the State of California.  Any litigation arising out of these Competition Rules or your submission of an Entry shall be brought in the appropriate courts in San Francisco County in the state of California.

16.   Exclusion. Capcom reserves the right to exclude any Entrant or any entries which it deems to be offensive or improper in any way at its sole discretion. Capcom is in no way obliged to use any Entry and reserves the right to reject participation upon suspicion of foul play and usage of the Competition.

17.   Non-Transferable Prizes. All prizes are non-transferable.  No cash alternative is available for any prize.  The choice of the prizes shall be solely at Capcom’s discretion; Capcom arranges this Competition in good faith but cannot accept any liability relating to prizes offered.

18.   Promoter. The promoter of this competition is Capcom U.S.A., Inc., 185 Berry St., Suite 1200, San Francisco, CA 94107 (Capcom).

19.   Change of Terms. Capcom reserves the right to change any term of the Competition any time with or without any cause.  This Competition is void wherever prohibited by law.

20.   Contact. If you have any questions regarding the Competition Rules, you may contact us in writing at contest@capcom.com.

21.   Confirmation.  By entering the Competition, you confirm that you have read and agreed to be bound by these Competition Rules and Capcom General Terms and Conditions for Online and Social Media Promotions available at http://www.capcom.com/capcom/legal_privacy/contest_rules.html