1.0 ELECTRONIC COMMUNICATIONS
1.1 When a user visits www.wiiparty.co.za or sends e-mails to www.wiiparty.co.za, that user consents to receiving communications from www.wiiparty.co.za electronically and agrees that all agreements, notices, disclosures and other communications sent by www.wiiparty.co.za satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
2.0 DISCLAIMER
2.1 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of www.wiiparty.co.za and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
3.0 GOVERNING LAW
3.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
4.0 PRIVACY
4.1 This site collects private information from users, such information shall not be disclosed to any third party unless agreed upon between the user and www.wiiparty.co.za or through due legal process.
4.2 Users agree that www.wiiparty.co.za may, from time to time communicate with users.
5.0 SECURITY
5.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that www.wiiparty.co.za suffers any damage or loss.
5.2 The user allows www.wiiparty.co.za to take all reasonable steps to ensure the integrity and security of www.wiiparty.co.za site and back-office applications.
6.0 CHANGES TO AGREEMENT
6.1 www.wiiparty.co.za may, in its sole discretion, change this agreement or any part thereof at any time without notice.
7.0 DOMICILIUM
7.1 www.wiiparty.co.za chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 351 Kyalami Boulevard, Kyalami Business Park, 1684
8.0 GENERAL INFORMATION
8.1 Core Gaming (Pty) Ltd is an independent marketing company, unaffiliated with Nintendo Co Ltd.
9.0 CONTACT INFORMATION
9.1 Tel: 087 940 3200, email: marketing@nintendo.co.za
10.0 COMPETITION DETAILS
10.1 Definitions:
10.1.1 The Promotion Period runs on a quarterly basis. Wii Party quarters are January - March, April - June, July - September, Oct - Dec. The winners will be selected randomly during the last week of the last month of the quarter.
10.1.2 The Host competition refers to the competition involving the random selection of a Wii Party registered host to win a year's worth of Nintendo Wii Games
10.1.3 The Invitee competition refers to the competition involving the random selection of a Wii Party registered invitee who elected to attend their host's party to win a Nintendo Wii Sports Pack
10.1.4 The Best Photo competition refers to the competition whereby the Wii Party community votes for their favourite event photo to win a free Wii Party event.
10.1.5. Eligibility: Competition is open to anyone who is 18 years or older at the time of registration.
10.1.6 Sponsor: The Sponsor of the Competitions is Core Gaming (Pty) Ltd.
10.1.7 Website: Refers to the website www.wiiparty.co.za
10.2. How to Enter:
10.2.1. Host competition
• People that register themselves as hosts on the Wii Party website get automatically placed into entry of the Host Competition. The winner is randomly selected and will be advertised on the Wii Party website.
• At the time of registration you will be required to acknowledge that you have read and agree to these Official Rules and the policies, terms and conditions.
10.2.2. Invitee competition
• Invitees that register on the Wii Party website and elect to attend a Wii Party that they get invited invited to automatically get placed into entry of the Host Competition. The winner is randomly selected and will be advertised on the Wii Party website.
• At the time of registration you will be required to acknowledge that you have read and agree to these Official Rules and the policies, terms and conditions.
10.2.3. Best Photo competition
• All registered members of the Wii Party community are eligible to upload their event pictures as well as vote for their favourite picture. The picture with the most amount of votes will be classified as the winner.
Each entrant warrants and represents that (a) content submitted is free from any lien or claim by anyone, (b) entrant has obtained all rights, permissions and licenses necessary for Sponsor to use the entries for any purpose (including releases from any other individuals shown in the video or image); (c) that no image or any part thereof infringes any trademark or copyright or otherwise violates anyone's right of privacy or publicity; and (d) content is an original creation of entrant's.
Winners will be required, as a condition of being awarded a prize, to (a) sign a release of liability and (b) supply releases sufficient to grant the Sponsor the right to use the name, image, likeness and biographical materials of entrant and any other individuals appearing in the video or image, as well as entrant's winning video or image, for advertising, publicity and promotion purposes in any media (including, but not limited to, the Internet) throughout the world without additional compensation.
Any image deemed inappropriate or unsuitable for posting, in Sponsor's sole discretion will be disqualified and will not appear on the Competition website. Videos or images submitted or any portion thereof, shall not contain, include or involve any of the following:
- Obscene, profane, lewd, defamatory content, data or images unsuitable for broadcast.
- Crude, vulgar or offensive pictures, depictions, images, language gang signs and/or symbols.
- Gratuitous violence, gun or other imagery or gestures of weapons.
- Nudity Explicit, graphic or sexual activity
- License plates, phone numbers, personal addresses (physical or email) or otherwise website or web page links (other than www.wiiparty.co.za) Illegal drug or alcohol use or abuse others
- Trespass or the violation of other people's rights or property
- Illegal (discriminatory, harassing) or inappropriate activity, behavior or conduct (i.e., inflicting emotional distress)
- Conduct or activities in violation of these Official Rules
- Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor in its sole discretion
- Any third party materials (including but not limited to music) that may otherwise violate or infringe (or may infringe) any of the following: copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant.
All Entries must comply with the following:
(1) Entrants may not copy or otherwise plagiarize the content, or any portion thereof, from any source. (2) No image shall contain any content or performance that has been broadcast or streamed, published or televised on television or as part of a recording of a motion picture film or television program. (3) Any video that is not of satisfactory quality (i.e. brightness, focus, volume) to be streamed online may likely be rejected, at Sponsor's sole discretion.
Any image not in compliance with the above does not meet the Competition website requirements and may be disqualified in Sponsor's sole discretion.
Sponsor reserves the right to reject any entries that it deems, in its sole discretion, to violate any of the policies of Sponsor's "Standards and Practices Guidelines"
Content may not be offensive as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights. In such an event, the content will not be posted online and will be disqualified from the Competition.
In submitting any content to the Best Photo competition entrant agrees to, confirms and represents to Sponsor that neither he/she nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct that (i) may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person (including entrant), other living thing or any property, (ii) may or is likely to create a risk of any other loss or damage to person, living things or property, (iii) is or may constitute a crime, unlawful or non-consensual activities (e.g. conduct that could lead to criminal prosecution), tortuous conduct (e.g. conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party or (iv) violates any of the terms or conditions of these Official Rules. Sponsor is not obligated to review, consider, use, publish, display or broadcast the videos or imagery; however, entrant acknowledges that Sponsor will rely on such individual's agreement and compliance with these Official Rules when submitting or attempt to submit a video.
Image Guidelines
• Pending Sponsor's approval, your image will be posted for viewing at www.wiiparty.co.za
• You may submit as many images as you would like provided each entry is entirely original. Once an entry is submitted, you may not edit or resubmit with edits.
• Neither the Sponsor, not its respective officers, directors, employees or agents are responsible for interrupted or unavailable network, server or other connections, miscommunications, failed telephone or computer hardware or software or telephone transmissions or technical failures, Internet Service Provider/network/website accessibility or availability, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic; including without limitation the incomplete, incorrect or inaccurate capture of entry information. Sponsor reserves the right, at its sole discretion, to disqualify any individual found tampering (or attempting to tamper) with the entry process, the Website, or the Competition. Any attempt by an entrant to deliberately damage the website or undermine the legitimate operation of the Competition is in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such entrant to the fullest extent permitted by law, including criminal prosecution. In case of dispute as to identity of entrant, entry will be declared made by the authorized account subscriber of the email account, who must comply with these Official Rules. Sponsor reserves the right, at its sole discretion, to cancel/suspend/modify the Competition, if it becomes corrupted in any manner, or due to fraud or other occurrences beyond Sponsor's control it cannot be conducted as originally planned.
10.3. Judging:
10.3.1. Host competition
All eligible entries will be randomly selected. Decisions of judges are final with respect to all matters relating to this Competition and all interpretations of these Official Rules by Sponsor is final. By participating, entrants agree to the Official Rules and the decisions of the Judges. Entries will close on the last week of the quarter and the winner will be contacted within 10 working days from the close of entry.
10.3.2. Invitee competition
All eligible entries will be randomly selected. Decisions of judges are final with respect to all matters relating to this Competition and all interpretations of these Official Rules by Sponsor is final. By participating, entrants agree to the Official Rules and the decisions of the Judges. Entries will close on the last week of the quarter and the winner will be contacted within 10 working days from the close of entry.
10.3.3 Best Photo competition
The photos from Wii Party events as uploaded onto the website will be placed in a draw. The image with the highest votes from the Wii Party community will be selected. If there are overlapping best scores, a winner will be drawn randomly from the top scoring sample. Decisions of judges are final with respect to all matters relating to this Competition and all interpretations of these Official Rules by Sponsor is final. By participating, entrants agree to the Official Rules and the decisions of the Judges. Entries will close on the last week of the quarter and the winner will be contacted within 10 working days from the close of entry.
10. 4. Prize:
10. 4.1. Host Competition
The winner as randomly selected will receive a R2,000 worth of Nintendo Wii (first party) game titles . All prize details are at Sponsor's discretion. Prizes are not exchangeable for cash.
10.4.2. Invitee Competition
The winner as randomly selected will receive a Nintendo Wii Sports Pack. All prize details are at Sponsor's discretion. Prizes are not exchangeable for cash.
10.4.3 Best Photo competition
The winner as decided by a draw of the most votes will receive a Wii Party to the value of R10,000. The winner is allowed to invite nine friends. All prize details are at Sponsor's discretion. Prizes are not exchangeable for cash.
10.5. General:
All taxes on all prizes are solely the responsibility of winners. By participating in these Competitions, entrants agree to abide by and be bound by these Official Rules and the decisions of the judges, which are final in all matters relating to the Competitions. Limit one prize per family or household. By participating, entrants agree to release and hold Core Group, its affiliates, subsidiaries and agents, including without limitation its advertising and promotion agencies, and each of their respective directors, employees and officers (collectively "Releases"), harmless from any and all liability arising from or in connection with participation in these Competitions, any breach of entrant's warranties and representations in these Official Rules, any use of the content submitted by Sponsor or its agents, or the awarding, receipt or use of any prize. By entering, entrants further agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participants' rights and obligations, or the rights and obligations of the Sponsor in connection with the Competitions, shall be governed by, and construed in accordance with, the laws of the Republic of South Africa. By entering, entrants agree that all disputes arising hereunder shall be resolved by the judicial system in the Republic of South Africa without regard to any conflicts of law principles.
10.6. Limitations of Liability:
Sponsor and other Releases are not responsible for any attempt by an entrant or other individual to deliberately damage or undermine the legitimate operation of the Competitions, including but not limited to any fraudulent claims. Participant engaging in any of the foregoing activities may be disqualified and will forfeit any prize won.
10.7. Winner’s announcement:
The three winners’ names will be available a week after the close of the quarter at www.wiiparty.co.za. Winners will be posted after all winners have been verified and all claimed prizes have been awarded.
10.8. Press Announcements:
By entering these Competitions, all winners agree to have their name mentioned in any upcoming press announcements.