ARK MODDING CONTEST
The ARK Modding Contest (the “Contest”) is subject to these Official Rules, which are binding and final on matters relating to the Contest, except as expressly stated otherwise. The Contest is sponsored by Wildcard Properties, LLC, a Florida limited liability company, dba Studio Wildcard (“Studio Wildcard”).
ANY PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. How to Enter. To enter, all eligible Submissions must be submitted online at https://survivetheark.com/index.php?/modding/enter-contest/, with a link to the contestant’s Steam Workshop in full compliance with these Official Rules, as specified, before the end of the Contest Period (“Submissions”). Submissions that are incomplete or do not adhere to these Official Rules or specifications will be disqualified at the sole discretion of Studio Wildcard.
2. Eligibility. The Contest is open to adults eighteen (18) years or older who are valid Licensees under the Studio Wildcard Terms of Services and End-User License Agreement. The Contest is open to contestants worldwide, but is void wherever restricted or prohibited by law. A Submission may be uploaded by an individual or a team. Each individual or team that creates a Submission must provide the information requested. See Submission Rules for additional requirements.
Mod Authors currently part of the Sponsored Mod Program, or have been part of the Sponsored Mod Program within the last two (2) months preceding the first date of the Contest, are not eligible to enter the Contest. Employees of Studio Wildcard and Suzhou Snail Digital Technology Co., Ltd, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, agents, independent contractors (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate or win the Contest. All eligible contestants with a valid Submission shall hereafter be referred to as “Mod Author,” or collectively as “Mod Authors.”
3. Agreement to Rules. By participating in this Contest, you agree to be fully and unconditionally bound by these Official Rules, and you represent and warrant that you meet the Eligibility requirements set forth in Section 2 above. In addition, you agree to accept the decisions of Studio Wildcard as final and binding as it relates to this Contest.
4. Contest Period. The Contest will begin on September 1st, 2018 1:00 AM PDT (“Start Date”). All Submissions must be uploaded within five (5) weeks after the Start Date, which for purposes of this Contest, shall mean October 6th, 2018 1:00 AM PDT (“Submission Deadline”). All Submissions must be received before the Submission Deadline in order to qualify. Once the Submission Deadline passes, voting will be open to the public and continue for a period of fourteen (14) days and end on October 20th, 2018 1:00 AM PDT (“End Date”). After the End Date, Studio Wildcard will begin its internal judging and release the Contest winners by the end of that current month.
5. Prizes. If the Submission is eligible to win under these Official Rules, the Winner(s) of the Contest (referred to as “Winner” or “Winner(s)”) will be awarded the following:
All prizes will be paid out in United States Dollars (USD). The prize is non-transferable and non-negotiable. No other prize substitution shall be permitted except as otherwise provided by Studio Wildcard’s sole discretion. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner(s). Acceptance of the prize constitutes permission for Studio Wildcard to use Winner(s’) name, likeness, and Submission for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Submission Rules. Each Submission will be subject to the following:
7. Winner Selection and Notification. All Submissions will be prescreened to ensure compliance with these Official Rules prior to any judging. Only the Submissions that are in compliance with these Official Rules will be eligible to win. Studio Wildcard is not obligated to select Winner(s) for the prizes if there is a lack of Submissions or Submissions do not follow these Official Rules. Studio Wildcard will have complete discretion over interpretation of these Official Rules, administration of the Contest, and the selection of the Winner(s). All decisions by Studio Wildcard as to the selection of the Winner(s) will be final.
The Winner(s) will be notified by Studio Wildcard using the information provided during entry by email, telephone, mail (method to be selected by Studio Wildcard) at a commercially reasonable time after the selection of the Winner(s). Studio Wildcard shall have no liability for Winner(s’) failure to receive notices due to spam, junk e-mail or other security settings, or for incorrect, incomplete, ineligible or any changes made to the Winner(s’) contact information. Notification is deemed to have occurred immediately upon sending an email, placing a phone call, one (1) day after sending via a delivery service or two (2) days after mailing the notification. Studio Wildcard is not responsible for electronic communications that are undeliverable due to any active or passive filtering of any kind, or insufficient space in the email account provided. The failure to respond timely to the notification may result in forfeiture of the prize and, in such cases, Studio Wildcard may select an alternative Winner(s) from the remaining eligible Submissions.
Each Winner, including Mod Authors on a team but who are not the designated individual to make the Submission on behalf of the team, may be required to submit an Acknowledgment of Receipt of Payment of Prize Money and General Release (the “Release Form”) and any and all required Tax Forms. Unless restricted by law, Winner(s) will be required to complete and return the Release Forms within ninety (90) days after notification. Failure to return the Release Forms will result in the forfeiture of the Winner(s) in the Contest. Within sixty (60) days after receipt of valid Release Forms by Studio Wildcard, Winner(s) will be paid the appropriate prize. If a team is selected as a Winner, the designated Mod Author represents and warrants that he/she is responsible for the payout to the other Mod Authors on the team and further that you shall indemnify Studio Wildcard for any claim relating to the payment to undesignated Mod Authors on a team. Studio Wildcard is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the Winner(s). Receipt by Winner(s) of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws, rules and regulations of the Winner(s’) jurisdiction. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER(S), INCLUDING MOD AUTHORS ON A TEAM BUT WHO ARE NOT THE INDIVIDUAL DESIGNATED TO MAKE THE SUBMISSION ON BEHALF OF THE TEAM, (AT STUDIO WILDCARD‘S SOLE DISCRETION) WILL RESULT IN WINNER(S’) DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER(S) WILL BE IMMEDIATELY TERMINATED.
8. Judging. The Contest Winner(s) will be determined by a combined value of two separate scores:
The highest scoring Submission will be deemed the 1st Place Winner; the second highest scoring Submission will be deemed the 2nd Place Winner; the third highest scoring Submission will be deemed the 3rd Place Winner; and the fourth highest scoring Submission will be deemed the 4th Place Winner.
9. Rights Granted by You. By participating in this Contest, you understand and agree that Studio Wildcard, anyone acting on behalf of Studio Wildcard, and Studio Wildcard’s licensees, successors, and assigns, shall have the non-exclusive, perpetual, irrevocable, worldwide, transferable, sublicensable, and royalty free license to use, modify, reproduce, prepare derivative works of, distribute, perform, and display the Submission in any and all methods and manners whether now known or later developed, throughout the world and for whatever purpose Studio Wildcard deems without any further compensation, notice, review, or consent. You represent and warrant that your Submission is an original work of authorship or rightfully licensed, and does not violate any third party’s proprietary or intellectual property rights. If your Submission infringes upon the intellectual property right of another, you (and your team) will be disqualified at the sole discretion of Studio Wildcard. If the content of your Submission is claimed to constitute infringement of any proprietary or intellectual property rights of any third party, you shall, at your own expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Studio Wildcard from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Studio Wildcard may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
Studio Wildcard may alter the original Submission due to technical limitations and internal standards, and Studio Wildcard reserves the right to modify the Submission from its original form in its sole discretion, including adding its logo or other trademarks. Studio Wildcard may post Submissions in any order or sequence, with or without commentary, and may select an image to serve as a thumbnail in its sole discretion.
10. Terms & Conditions. By participating in the Contest, you agree to be fully and unconditionally bound by these Official Rules and the decisions of Studio Wildcard, and waive any right to claim ambiguity in the Contest or these Official Rules. Studio Wildcard reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Studio Wildcard’s control corrupt or affect the administration, security, fairness, or proper conduct of this Contest. Studio Wildcard reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of this Contest or website or violates these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Studio Wildcard reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Studio Wildcard reserves the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: multiple Submissions from the same user from different IP addresses; multiple Submissions from the same computer in excess of that allowed by these Official Rules; or the use of bots, macros, scripts, or other technical means for entering into this Contest. Studio Wildcard reserves the right at its sole discretion to terminate the Contest and, if terminated, at its discretion, select the Winner(s) from among all eligible, non-suspect Submissions received prior to action taken. Unclaimed prizes will not be awarded. All federal, state, or local tax liabilities (including income taxes) arising from this Contest will be the sole responsibility of the Winner(s). Any attempt to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and will result in disqualification from participation in the Contest.
11. Limitation of Liability. By entering this Contest, you hereby irrevocably and unconditionally release, discharge, indemnify, hold harmless, and forever discharge Studio Wildcard, its predecessors, successors, assigns, subsidiaries, parent companies, or affiliates and their respective owners, agents, trustees, beneficiaries, directors, officers, employees, representatives, and attorneys, and all persons acting by, through, under, or in concert with any of the aforesaid persons or entities (collectively, "Releasees"), from and against any and all causes of action, suits, debts, liens, breaches, obligations, liabilities, claims, demands, damages, losses, orders, penalties, costs, expenses, fees, including, without limitation, attorneys' fees, of any kind or nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, liquidated or unliquidated, which any of the Releasers now have, own, hold, or claim to have, own, or hold, or at any time heretofore have had, owned, held or claimed to have had, owned, or held against any of the Releasees whether at law or in equity.
12. Indemnification. All contestants will indemnify, hold harmless, and defend Studio Wildcard, its predecessors, successors, assigns, subsidiaries, parent companies, or affiliates and their respective owners, agents, trustees, beneficiaries, directors, officers, employees, representatives, and attorneys, and all persons acting by, through, under, or in concert with any of the aforesaid persons or entities from and against any and all third party causes of action, claims, suits, legal proceedings, judgments, settlements, damages, penalties, losses, liabilities and costs (each a “Claim”) arising out of or relating to a contestant’s: (a) breach of these Official Rules; (b) willful misconduct, or negligent act or omission; (c) violation of any applicable laws or regulations, including failure to comply with any applicable taxing authority; and (d) infringement, misappropriation, or violation of the rights of any third party.
13. Dispute Resolution. Any controversy between the parties involving the construction or application of any of the terms, covenants, or conditions of these Official Rules are subject to arbitration to be held in Seattle, Washington in accordance with the then current rules as adopted by the arbitration company as selected by the parties. If the parties are unable to agree upon an arbitration company, a court of competent jurisdiction shall appoint an arbitration company to administer the arbitration. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide. As stated in Section 14 below, Florida law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of these Official Rules. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
BY ENTERING INTO THIS CONTEST, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR BE RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET DAMAGES NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE ABOVE MAY NOT APPLY.
14. Governing Law. This Contest is governed by the laws of the State of Florida in the United States, without respect to conflict of law doctrines. As a condition of participating in this Contest, participant agrees that any and all disputes that must first be attempted in good faith to be resolved without any formal complaint filed.
15. Official Rules Null and Void. The parties acknowledge and agree that, in the event the Contest does not comply with any federal, state, local law, rules or regulations, these Official Rules shall automatically become null and void unless otherwise stated.
16. Tax. Liability for any applicable taxes imposed by any government, if any, on any prize won is the sole responsibility of the Winner(s) of the prize. Prizes may be subject to tax withholding.
17. Force Majeure. In the event Studio Wildcard is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limiting to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state, or local government law, order or regulation, or other cause not reasonably within Studio Wildcard’s control (each a “Force Majeure”), then subject to any government approval which may be required, Studio Wildcard shall have the right to modify, suspend, or terminate the Contest.
18. Severability. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Studio Wildcard’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.
20. Winners List. The winning entries selected by Studio Wildcard will be posted at: https://survivetheark.com/index.php?/modding/past-contests/
21. Sponsor. The Sponsor of this Contest is Wildcard Properties, LLC, a Florida limited liability company, dba Studio Wildcard 10420 NE 37th Cir Bldg 5, Kirkland, WA 98033, United States of America.
22. Social Media. This Contest is hosted exclusively by Studio Wildcard, and is in no way sponsored, endorsed, administered by, or associated with any third party social media platform.