The “ESO 10th Anniversary Celebration Cosplay” Contest
OFFICIAL RULES [LAST UPDATED FEBRUARY 28, 2024]
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
CONTEST DESCRIPTION: The “ESO 10th Anniversary Celebration Cosplay” contest (the “Contest”) begins on or about February 15, 2024 at 12:01 a.m. Eastern Time (“ET”) and ends on April 6, 2024 at 11:59 p.m. ET (the “Contest Period”). To enter, eligible entrants must submit a photo of themselves wearing an original costume (“Cosplay”) of a character or creature in The Elder Scrolls Online (“ESO”) or their original ESO character that complies with the “Submission Requirements” (defined below). During the Contest Period, a judge or panel of judges will select up to thirty (30) finalists to compete for the prizes at the ESO 10th Anniversary Celebration to be held on April 6, 2024 in Amsterdam, The Netherlands (the “2024 ESO 10th Anniversary Celebration Event”) from all “Submissions” (as defined below) received during the Contest Period, as more fully set forth below. Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Bethesda Softworks LLC, 1370 Piccard Drive, Rockville, Maryland 20850 (“Sponsor”), which shall be final and binding in all respects. The Contest Period schedule will consist of:
Submission Period: The Submission Period begins at 12:01 am ET on February 15, 2024 and ends on March 14, 2024 at 11:59 pm ET (the “Submission Period”).
Submission Judging: Submissions will be judged on an on-going basis throughout the Submission Period. Eligible Contest “Submissions” (as defined below) will be evaluated by a Sponsor-selected judging panel according to the Judging Criteria set forth below. Up to thirty (30) submissions with the highest point score in each of the four (4) categories (each a “Category” and collectively, “Categories”) as described below, will be selected as potential finalist (each, a “Finalist” and collectively, the “Finalists”), pending eligibility verification.
Potential Finalist Notification: On or about March 15, 2024 up to thirty (30) potential Finalists will be contacted to confirm eligibility and obtain releases.
ESO 10th Anniversary Celebration Event On-Site Finalist Judging: All Finalists who attend the 2024 ESO 10th Anniversary Celebration Event must participate in the On-site Finalist Judging to determine the Contest winners.
Winner Announcement: Winners are scheduled to be announced at the 2024 ESO 10th Anniversary Celebration Event.
ELIGIBILITY: Only legal residents of (i) one of the 50 United States or the District of Columbia excluding the territories, military installations and commonwealths; (ii) Canada (iii) UK, France, Germany, Austria, Poland, Spain, Belgium, Sweden, Switzerland, Norway, the Netherlands, Luxembourg (iv) Australia, New Zealand, or (v) Argentina, Mexico, Peru who are at least eighteen (18) years of age at the time of entry who are registered and plan to attend the 2024 ESO 10th Anniversary Celebration Event are eligible to enter. Officers, directors and employees of Sponsor, and each of its respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Contest (all such individuals and entities collectively referred to herein as the “Contest Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Contest or win a prize. This Contest is void where prohibited.
HOW TO ENTER: To enter, eligible entrants must submit the following items on the online entry form found here https://woobox.com/t4qw3u: (i) a photograph of the entrant; (ii) a photograph of the entrant wearing the Cosplay or a work-in-progress version of the Cosplay of an ESO character or creature; (iii) a screenshot, concept art, or fan art of entrant’s entry character or creature; and (iv) entrant’s email address (each, a “Submission”). The Submission must meet the following “Submission Requirements”: each Submission (i) must be of a character or creature in ESO, or entrant’s original ESO character or a character entrant has already created so long as entrant provides a screenshot of the character as part of the Submission; (ii) the Cosplay cannot be one that Sponsor or any if its affiliates paid for; (iii) nudity is prohibited, and the Cosplay must adequately cover the entrant’s body; (iv) the Submission must not include images that are deemed by the Sponsor to be obscene, pornographic, libelous or otherwise objectionable and Submissions are subject to Sponsor’s Terms of Service; (v) Submissions may not include real weapons; (vi) all Submissions must be handmade by the entrant; and (vii) Submission must NOT include materials that violate or infringe another person's rights, including, but not limited to, privacy, publicity or intellectual property rights.
Each entrant must provide all information requested to be eligible to participate. Entrants may submit a maximum of one (1) Submission into the Contest per person.
All Submissions must be received by the end of the Submission Period. No substitutions or new versions of Submissions will be accepted once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to violate the Submission Requirements, in whole or in part, may be disqualified and will not be eligible for entry. Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Contest will be used in accordance with Sponsor’s privacy policy located here.
Entrants who enter Submissions which violate any of these requirements may be deemed ineligible and their Submission may be void at Sponsor’s sole discretion. Sponsor reserves the right to determine in their sole discretion which Submissions have satisfied the requirements. ELIGIBLE ENTRANTS MUST SUBMIT SUBMISSIONS IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. There will be no notification of receipt of Contest-related materials. Assurance of delivery of Submissions will be the sole responsibility of the entrant.
IMPORTANT NOTE: Any entrant who incorporates any intellectual property or material owned by a third party into his or her Submission does so at his or her own risk. Without in any way limiting, expanding or amending the Terms of Service which Terms of Service shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission because of such infringement, such Submission may be removed and/or disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes.
No substitutions or new versions of Submissions will be accepted once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to violate the Submission Requirements, in whole or in part, may be disqualified and will not be eligible for entry. All requested information on the entry form must be completed to enter and to be eligible to win. The Sponsor’s database clock will be the official timekeeper for this Contest. In the event a dispute regarding the identity of the individual who actually submitted a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission may be disqualified. Sponsor shall not be responsible for incorrect or inaccurate entry information whether caused by individuals or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing or transmission of the Submissions. Sponsor assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of Submissions.
Submissions generated by a script, macro or other automated means will be disqualified. Participation in the Contest constitutes entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally.
WINNER SELECTION AND NOTIFICATION:
Submission Judging – Up to thirty (30) potential Finalists will be selected by a panel of judges appointed by the Sponsor (the “Judging Panel”). The Judging Panel will score all eligible Submissions timely received during the Submission Period on the following criteria (“Judging Criteria”):
Quality of Techniques Demonstrated: 25%
Materials and Material Resourcefulness: 25%
Functionality of the Cosplay: 25%
Cosplay Aesthetics: 25%
Up to thirty (30) Submissions with the highest scores will be deemed potential Finalists and proceed to the next round in the Contest, pending eligibility verification and execution of Finalist paperwork. If any potential Finalist is found to be ineligible, or if he or she has not complied with these Official Rules or declines to be a Finalist for any reason, such potential Finalist will be disqualified, and an alternate potential Finalist may be selected. The decisions of the Sponsor and the Judging Panel are final and binding in all respects and are not subject to challenge or appeal. In the event of a tie, the tie will be broken in favor of the Entrant whose Submission received the highest score for “Cosplay Aesthetics”. Sponsor reserves the right to advance fewer than thirty (30) potential Finalists to the next phase of the Contest if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
Potential Finalist Notification – The potential Finalists will be notified via email on or about March 15, 2024. The potential Finalists will be required to respond in the way directed by the Sponsor to the notification within forty-eight (48) hours (or a shorter time if required by exigencies) of first attempted notification. Failure to respond timely to the notification may result in forfeiture of the opportunity to be a Finalist. Potential Finalists will be required to verify their address, verify that they will be attending the 2024 ESO 10th Anniversary Celebration Event, and complete, sign, and return within forty-eight (48) hours an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the “Finalist Release Documents”) in connection with the Contest covering eligibility, liability, advertising, publicity and media appearance issues, for example, authorizing the Sponsor to use his/her photo, video, name, voice, likeness, biographical data, city and state of residence in advertising, marketing, programming or promotional materials, worldwide in perpetuity, and on a winners’ list, if applicable, without further compensation unless prohibited by law, in which case the Finalist will receive the minimum amount required by such law. Failure to return the Finalist Release Documents within the specified time period may result in forfeiture of the opportunity to be a Finalist. All confirmed Finalists will receive the Finalist Prize as detailed below.
Finalists’ Appearance - Each Finalist agrees that Sponsor or its designee may film, photograph and otherwise record Finalist’s name, voice, likeness, appearance, actions, conversations and characteristics/mannerisms throughout the entire 2024 ESO 10th Anniversary Celebration Event (collectively, the “Appearance”). Finalist should assume that all actions and statements of Finalist during Finalist’s participation in Contest-related activities are being recorded at all times. Finalist hereby specifically agrees and consents to such filming. Finalist acknowledges that there is no employment relationship between Finalist and Sponsor and all services provided by Finalist are voluntary. Finalist further agrees to cooperate fully with Sponsor in obtaining access to, and if necessary releases from, other persons involved with Finalist, including but not limited to Finalist’s guests, parents, siblings, boyfriend/girlfriend and friends. This is a non-union Agreement. Finalist acknowledges and agrees that the Appearance shall not be subject to any guild, union or other collective bargaining agreement. If and to the extent this Agreement is or becomes subject to any guild, union or other collective bargaining agreement, then each Entrant agrees that all union or guild fees that may be required in excess of any prize awarded hereunder shall accrue and be paid at the applicable union or guild minimum scale amount for such services.
ESO 10th Anniversary Celebration Event Judging & Winner Selection - All Finalists will be required to attend the ESO 10th Anniversary Celebration Event in Amsterdam on April 5 and 6, 2024. At the ESO 10th Anniversary Celebration Event, Finalists will be judged by the Judging Panel using the Judging Criteria defined above. The one (1) Finalist Submission who receives the highest score based upon the Judging Criteria will be the Grand Prize winner. In the event of a tie in determining either the Grand Prize Winner, the tie will be broken in favor of the Finalist whose Submission received the highest score for “Cosplay Aesthetics”. If there is still a tie, the tie will be broken in favor of the Finalize whose Submission received the highest score for “Quality of Techniques Demonstrated”. In addition, during the 2024 ESO 10th Anniversary Celebration Event, the Judging Panel will select one (1) winner of the Judge’s Choice Award and the audience will select one (1) winner of the Audience’s Choice Award.
PRIZES:
| Prize Type | Prize Description | Amount Awarded | Approximate Retail Value (“ARV”) |
| Grand Prize |
| 1 | $2,600.00 |
| Judge’s Choice |
| 1 | $354.98 |
| Audience’s Choice |
| 1 | $354.98 |
| Finalist Prize |
| Up to 30 | $95.00 |
In the event a Grand Prize winner’s residence is close enough to the location of the 2025 event, such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the applicable Grand Prize will not include air transportation from such Grand Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize winner must possess all required travel documents, including visas and valid passports, if and as applicable, and comply with any applicable hotel check-in requirements, such as presentation of a major credit card. All aspects of the travel portions of the Grand Prize must be conducted on such dates as determined by Sponsor in its sole discretion. The dates of departure and return are subject to change at Sponsor’s sole discretion. Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. Sponsor reserves the right to structure travel routes and select hotels in its sole discretion. The ARV for travel prizes is an estimate made before the Contest begins. The Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for any travel prize begins and ends at the point of departure. No interest will be awarded on cash prizes. Room taxes and other hotel fees are not included and if applicable may be payable at the time of check-out by the winner/guest. A deposit or payment in advance, or presentation of a credit card by the Grand Prize winner, may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Grand Prize winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents and/or other travel documents. In the event the Grand Prize winner engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the Grand Prize winner home with no further compensation.
All expenses and incidental travel costs not expressly stated in the Grand Prize description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes, gratuity or other expenses are the sole responsibility of the Grand Prize winner.
All Finalist Prizes DO NOT include any other travel expenses other than the tickets to the 2024 ESO 10th Anniversary Celebration Event in Amsterdam.
No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The total ARV of all prizes is $5,964.94.
GENERAL PRIZE CONDITIONS: Prizes will be awarded only if each potential prize winner fully complies with these Official Rules. All portions of the prizes are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize. The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to each prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of each prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in each prize winner forfeiting the prizes and an alternate potential winner may be selected in accordance with these Official Rules. Sponsor will award prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable. Each potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents by the deadline specified in the prize notification, the winner may be disqualified and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
RIGHTS IN SUBMISSIONS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant hereby irrevocably grants to the Contest Entities, and their successors, licensees and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, publicly display, stream, exploit, make derivative works of and otherwise use the Submission, in whole or in part, for any purpose, including without limitation commercial purposes, in any and all media now or hereafter devised throughout the universe in perpetuity. The Contest Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which the Contest Entities deem necessary or desirable, and each entrant irrevocably waives any and all so-called “moral rights” they may have therein. The Contest Entities shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements or even if it determined that the entrant who made the Submission is ineligible to enter the Contest.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant represents and warrants as follows: (i) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Submission meets the Submission Requirements, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant (and any minor entrant’s parent or legal guardian) agrees to indemnify the Contest Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by entrant while participating in the Contest.
PUBLICITY RELEASE: Without in any way limiting the rights granted in the Submission, as set forth above, acceptance of a prize constitutes winner’s permission for the Contest Entities to use each winner’s Submission (if applicable) and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Contest, Contest Entities, and all uses of the Submission permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners and each winner hereby releases the Contest Entities from any liability with respect thereto.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to the Contest Entities or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Contest Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Contest Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NO OBLIGATION TO USE: The Contest Entities shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and the Contest Entities may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Each entrant agrees that Sponsor (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due Submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or 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 Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible Submissions are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor may (if possible) select the winner from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If 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.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MARYLAND WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Contest, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Contest Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Bethesda, Maryland; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply Maryland law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (ix) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: The ESO 10th Anniversary Celebration Cosplay Contest Winners List, Bethesda Softworks LLC, 1370 Piccard Drive, Rockville, Maryland. All such requests must be received within six (6) weeks after the end of the Contest Period. These Official Rules will be posted on the Website during the Contest Period.