POKÉMON ALPHA RUBY/OMEGA SAPPHIRE “TRADE UP” CONTEST
Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. 

Purchase will not improve odds of winning.

The Pokémon Alpha Ruby/Omega Sapphire “Trade Up” Contest (the “Contest”) is sponsored by Nintendo of America Inc., 4600 150th Ave NE, Redmond, WA 98052, USA (“Sponsor”).

Eligibility:  Contest is open only to individuals who are legal residents of the 50 United States, District of Columbia or Canada (excluding Quebec) who are at least 13 years of age at the time of entry.  Directors, officers and employees of Sponsor and any of its respective affiliate companies, subsidiaries, agents, professional advisors, and advertising and promotional agencies, and immediate families of each, are not eligible to win any prizes.

Contest Period: The entry period for the Contest (“Entry Period”) begins on Tuesday November 18, 2014 at 10:00AM and ends on Friday, November 21, 2014 at 10:00 AM (all times in these Official Rules are Pacific Time).  All entries must be received by Sponsor during the Entry Period.

How to Enter: Limit one entry per person. To enter, you must first be logged in as a registered user of Instagram. (If you are not a registered Instagram user, you can register for free at www.instagram.com.) While you are logged in to your Instagram user account, you must do the following:

(1) Upload a video file you have created that explains what you love about the Pokémon video game according to the General Guidelines and Video Guidelines below.

(2) Use the following caption for your video “#NintendoContestEntry #PokemonTradeUp My name is <FIRST NAME> and this is my submission for the Pokémon Alpha Ruby/Omega Sapphire “Trade Up” Contest.”  You may add additional language, hashtags or tags after this language, but the provided caption and hashtags must appear at the start of your caption. 

You do not have to include any Nintendo products in your video.  Including Nintendo products in your video will not improve your chances of winning.

General Guidelines:  All video submissions must adhere to the following guidelines:

• Be safe. Do not engage in any dangerous activities to make your video or image. Do not harm (or pretend to harm) yourself or anyone else in your video.

• If you name, tag or depict any person in your video, it can only be yourself. Group entries depicting more than one person are not eligible.

• Your video must be suitable for general audiences and not be offensive, obscene, or illegal, or violate the rights of others.  In addition, your video or image must not violate any policies or terms of Instagram.

• Your video must be an original, non-commercial work of your own creation. Do not submit professional videos.  You must (a) own the copyright to your video (including all components in your video) or (b) have sufficient rights to submit the video to this Contest and to grant permission to Sponsor to use the video, as described below.

• Your video must not include any (a) TV programming, (b) movies, or (c) any website or other content that you do not have documented rights to use and license for this Contest.

• You may include only Nintendo logos, brand names and products in your video.  Otherwise, do not wear clothing or show products with prominent logos or brand names. There should not be any recognizable third-party products, logos, signs, or brand names visible.  Note that you are not required to include any Nintendo products in your video, and doing so will not improve your chances of winning.

Video Guidelines: In addition to the General Guidelines (above), you must adhere to the following guidelines when creating and submitting a video submission:

• Music is optional. You may also include your own original music that you perform.  Do not include music that you do not have documented rights to use and license for this Contest.  For example, do not include music purchased or downloaded from an online store, ripped from CDs, borrowed from friends, excerpted from movies or TV shows, or taken from video games.  Also, do not include covers of music written by others, even if you are performing the music.

• Any statements, remarks, claims, or opinions contained or depicted in your video must express your honest views, opinions, findings, beliefs, and experiences.

• To submit your video, you must caption your video with the following text: video “#NintendoContestEntry #PokemonTradeUp My name is <FIRST NAME> and this is my submission for the Pokémon Alpha Ruby/Omega Sapphire “Trade Up” Contest.”  You may add additional language, hashtags or tags after this language, but the provided caption and hashtags must appear at the start of your caption.

• Your video must not exceed 100mb in size or 15 seconds in length and must be submitted via Instagram

Contest Rules: After the Entry Period, a panel of judges comprised of representatives from Sponsor or one of its authorized agencies will review all eligible entries received by Sponsor.  On or about December 1, 2014, the panel will select five (5) potential winning entries that the panel determines, in its sole discretion, to be the most apt, original, and interesting based on the three following judging criteria (“Judging Criteria”):

(a)  Spirit: how well the video encompasses your enthusiasm

(b)  Creativity: how well the video demonstrates creativity

(c)  Quality: the overall artistic quality of the video

For each entry, the panel will assign points for each of the Judging Criteria.  Each of the three Judging Criteria will have the same maximum possible points that can be assigned by the panel, such that each of the Judging Criteria will be weighted equally.  The sum of the points for each entry will be the entry’s total score for the Contest.  The panel will select one (1) winning entry based on the entries with the highest total score.  In the unlikely event of a tie, the winner will be deemed to be the entrant with the highest number of points in the following judging criteria: Spirit: how well the video encompasses your enthusiasm.  The potential winner will be notified by direct message on Instagram on or about December 1, 2014.  To claim the prize, each potential winner must follow the instructions contained in the direct message notification and respond within two (2) days.  After verification of the winner, the winner will be publicly announced through Nintendo’s official social media channels (“Social Media”), which may include but is not limited to Instagram at www.instagram.com/Nintendo; Facebook at www.facebook.com/Nintendo and/or www.facebook.com/NintendoHandheldGaming, Twitter at @NintendoAmerica; and on the official Pokémon Omega Ruby/Alpha Sapphire website at www.pokemon.com.

Prizes:

(a)         Each winner will receive a download code which can be used to download either the Pokémon Omega Ruby or the Pokémon Alpha Sapphire game for free (ARV $39.99 each).

 (b)       Odds of winning a prize depend on number of eligible entries received.  Prizes not claimed within three (3) days after delivery of notification may be forfeited and awarded to an alternate winner.  No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize.  Prizes may not be transferred to any other person.  Limit one prize per household or address.  All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  All federal, state, PROVINCIAL and local taxes associated with the receipt or use of any Prize are the sole responsibility of the winner.

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

Sponsor’s License to Use Video: By entering this Contest and submitting your video, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, communicate to the public by telecommunication, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your video, or any portion thereof, in connection with the Contest and for any other advertising or promotional purpose, and to incorporate the video, in whole or in part, into other works in any manner, form, media or technology now known or later developed.  Sponsor will have no obligation to publish or use or retain any video you submit or to return any such video (or other Contest entry materials) to you.  You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph.  You also agree to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits, licenses, and other documents) reasonably requested by Sponsor to effect, perfect, or confirm Sponsor's rights set forth above in these Official Rules, including this paragraph.  You agree to waive any applicable moral rights in and to your video or image in favor of Sponsor.  You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your video.

Non-Infringing Entry Materials.  You represent and warrant that (a) you have the right to grant the rights granted in these Official Rules or, alternatively, you have obtained all necessary rights and permissions to use and submit your video in connection with the Contest and to provide all the rights specified in these Official Rules; and (b) your video and the use of your video as contemplated in these Official Rules does not and will not violate, misappropriate, or infringe upon any law or regulation or the rights of any third party, including without limitation any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or other rights.

Entrant’s Personal Information:  Information collected from each entrant is subject to the Nintendo privacy policy applicable to the entrant.  For U.S. entrants, please see the Nintendo of America Inc. Online Privacy Notice at http://www.nintendo.com/corp/privacy.jsp. For Canadian entrants, please see the Nintendo of Canada Online Privacy Policy at http://www.nintendo.com/corp/privacy_ca.jsp.

Additional Terms and Conditions:  The Contest and these Official Rules will be governed, construed and interpreted under the laws of the State of Washington, USA.  This Contest is subject to all applicable federal, state, provincial and local laws and is void where prohibited.  Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect.  Sponsor shall not be responsible for late, lost, illegible, incomplete, damaged or misdirected entries and accept no responsibility for any injury, loss or damage of any kind resulting from an entrant’s participation in this Contest.  Sponsor reserves the right to amend these Official Rules or to terminate this Contest.  By entering the Contest, you release Sponsor and Instagram from any liability whatsoever, and waive 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 Contest or delivery, misdelivery, acceptance, possession, use of or inability to use the prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.  Except where prohibited by law and subject to the applicable Nintendo privacy policy, entry into the Contest constitutes permission to use entrant’s name, city and state/province of residence, likeness and prize information, without limitation, for Sponsor's promotional purposes without further permission or compensation.  Without limiting the foregoing, entrant understands and agrees that Sponsor may use (and may allow third parties to use) the entrant’s videos on websites, Social Media pages, advertisements, and other promotional materials.  Entrant’s grant of the foregoing permission is perpetual and may not be revoked by entrant.  As a condition of being awarded a prize, each winner may be required to confirm such permission in writing and execute and deliver a written affidavit of eligibility and acceptance of these Official Rules, a photo/video consent and publicity release, or other documentation.  By entering, entrants certify that they have complied with these Official Rules and are eligible to win.  For a copy of the winners list or these Official Rules, send a written request with a self-addressed, business-size return envelope to: Attn: Pokémon Alpha Ruby/Omega Sapphire “Trade Up” Contest, Nintendo of America Inc., 4600 150th Ave NE, Redmond, WA 98052, USA.  By entering, entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects.  The Contest and all accompanying materials are Copyright © 2014 by Nintendo.  All rights reserved.  This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.