Rockstar Games is holding an “open casting call” event giving Movember participants an opportunity to be cast as a mustachioed character in the game Red Dead Redemption! If you are chosen, your features will be used to create the game character and you will also receive a custom portrait of your character.
Please read these terms before participating in this open casting call event (the “Event”). Participation in the Event constitutes participant's full and unconditional agreement to and acceptance of these terms ("Terms") and represents that you satisfy all of the requirements set forth below.
Participation: To participate in the Event, you must (i) be a registered Movember 2009 member (ii) complete the Event sign-up form at www.rockstargames.com/movember during the Registration Period, (iii) email a picture of your Movember moustache to email@example.com during the Photo Period; and (iv) meet the requirements below.
Participants must be (a) legal residents of the 50 United States, Australia, Austria, Belgium, Canada (excluding Quebec), Denmark, Finland, France, Germany, Luxemborg, The Netherlands, New Zealand, Spain, Sweden, Switzerland, the United Kingdom or the Republic of Ireland, and (b) 18 years of age.
Registration Period & Photo Period: Movember members may register to participate in the Event from 22nd October 2009 and entry until 11:59:59 PM ET on November 30, 2009 (the “Registration Period”). Registrants may email their photos to Rockstar Games from 12:01 AM ET December 1, 2009 until 11:59:59 PM ET on December 3, 2009 (the “Photo Period”). Eastern Time or “ET” is the local time zone for New York City in the United States.
All eligible Participants will be considered for casting as a character in Rockstar Games’ upcoming release Red Dead Redemption. In order to be cast in the game, the chosen Participant will be required to complete certain documents, including a publicity release, and may have to supply additional photographs to Rockstar Games. If the Participant fails or refuses to do so within five (5) days, a different Participant may be chosen. Rockstar Games is not responsible for late, lost, delayed, incomplete, corrupt, or misdirected communications or for theft or destruction or unauthorized access or alterations of entry materials, phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
Pictures should be clear, well lit and focus closely on the Participant’s head and shoulders, similar to a passport picture. We recommend that you look straight into the camera and that you do not wear anything that obscures your features such as glasses or a hat.
Releases. To the extent permitted by applicable law, by participating in the Event, you release Rockstar Games and any of its parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Released Parties") from any liability whatsoever, and agree not to make any claims against the Released Parties in respect of any costs, injuries, losses, or damages of any kind arising out of or in connection with the Event (including, without limitation, participation in the Event), whether under a theory of contract, tort (including negligence), warranty or other theory. Some jurisdictions do not allow (i) the exclusion of implied warranties on applicable statutory rights; and in the case of the countries of Germany, the United Kingdom, and/or The Netherlands, (ii) limitations on a contracting party’s liability with regards to damages or death caused due to its negligence or intentional misconduct, so the above exclusions and limitations may not apply in some cases.
As a condition of being cast as the Red Dead Redemption character, you will be required to execute and deliver to Rockstar Games a signed affidavit/declaration of eligibility and acceptance of these Terms, a publicity release, and release of liability, as permitted by applicable law. Failure to return these documents within five (5) days may result in re-casting the character.
By participating in the Event, participant releases Rockstar Games, its parent, and their affiliates, subsidiaries, directors, officers, employees, Rockstar Games, and agents, including advertising and promotion agencies, from any and all liability with respect to the Event or the casting, including without limitation (i) any condition caused by events beyond Rockstar Games' control that may cause the Event to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the casting, or from participation in the Event; and (iii) any printing or typographical errors in any materials associated with the Event.
Rockstar Games' decisions in all respects relative to the Event are final. Rockstar Games reserves the right, in its sole discretion, to cancel, modify or suspend the Event in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Event is compromised, without liability to the participant. Rockstar Games reserves the right to disqualify any Participant, as determined by Rockstar Games in its sole discretion.
Disputes: Except where prohibited by law: (a) As a condition of participating in this Event, participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Event, or the casting, shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective; (b) Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (e.g., costs associated with participating in this Event), and participant further waives all rights to have damages multiplied or increased; and (c) The arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Except where prohibited by law, this Event is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of participant and Rockstar Games in connection with this Event, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Arbitration Section of these Terms and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York, County of New York.
Red Dead Redemption is being developed by Rockstar Games, a U.S. company owned by Take Two Interactive. If you have questions about the contest, please contact Rockstar Games, 622 Broadway, New York, NY 10012, USA.