Atari Missile Command Sweepstakes

ATARI’S “MISSILE COMMAND SWEEPSTAKES”
OFFICIAL RULES

NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.

The ATARI’S “MISSILE COMMAND SWEEPSTAKES” (“Sweepstakes”) starts at 10:00am Pacific Time (“PT”) on February 24, 2010 and ends at 12:00 noon PT on March 24, 2010 for online entry (“Online Entry Period”) and on March 24, 2010 for the postmarking of a mail-in entry. The sponsor of this Sweepstakes is Atari, Inc., 417 5th Avenue, New York, NY 10016 (the “Sponsor”). The Sweepstakes shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein.

ELIGIBILITY: THE SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE FORTY-EIGHT (48) CONTIGUOUS CONTINENTAL UNITED STATES AND THE DISTRICT OF COLUMBIA (THE “ELIGIBILITY AREA”), THIRTEEN (13) YEARS OF AGE OR OLDER AS OF THE DATE OF THEIR ENTRY. VOID WHERE PROHIBITED. Employees of Sponsor, West Coast Marketing, a division of the Susquehanna Hat Company (“West Coast Marketing”), and each of their respective affiliates, subsidiaries, parents, divisions, advertising/promotion agencies, agents and contractors, (collectively “Promotion Parties”), and members of the immediate families (defined as parents, spouses, children and their spouses, and siblings and their spouses) of each and those living in the same household (whether related or not) are not eligible to enter or win. Sweepstakes is subject to all local, state and federal laws and regulations. By entering this Sweepstakes, all entrants agree to comply with and be bound by these Official Rules, and to comply with all federal, state and local laws and regulations. The laws of the State of New York, United States apply to and govern this Sweepstakes and any claims must be raised and resolved in the courts of New York, United States. Void in Alaska, Hawaii, Puerto Rico, all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law. A prize won by a minor will be awarded in the name of said minor’s parent or legal guardian.

IMPORTANT: No more than one (1) prize may be won in any six (6) month period in any Sweepstakes or Contest sponsored by Atari, Inc.

HOW TO ENTER THE SWEEPSTAKES: As detailed below, there are two (2) ways to enter the Sweepstakes; (1) online via the Entry Site (defined below), <OR> (2) by submitting a mail-in entry.

IMPORTANT NOTE: THERE IS A LIMIT OF ONE (1) ENTRY PER PERSON, HOUSEHOLD ADDRESS AND/OR EMAIL ADDRESS REGARDLESS OF THE METHOD(S) OF ENTRY. ANY ENTRIES RECEIVED IN EXCESS OF THIS MAXIMUM OF ONE (1) ENTRY WILL BE DISQUALIFIED.

HOW TO ENTER ONLINE: During the Online Entry Period you may enter via the Internet by visiting the website at www.atari.com (the “Entry Site”) and as directed, entering the required personal information (first and last name, street address (no post office boxes), city, state, zip code, date of birth, email address) and optionally the additional questions asked, as directed and agreeing to the Official Rules. By providing the required personal information as directed and agreeing to the Official Rules you will automatically receive one (1) online entry into the Sweepstakes (“Online Entry”) subject to the terms of these Official Rules.

ALL ONLINE ENTRIES MUST BE RECEIVED BY 12:00 NOON (PT) ON MARCH 24, 2010.

The Entry Web Site's clock will be the official timekeeper for Entries in this Sweepstakes.

HOW TO ENTER BY MAIL: On a postcard, handprint your first and last name, street address (no post office boxes), city, state, zip code, telephone number, date of birth, and (if applicable) email address. Mail the completed postcard entry to the ATARI’S “MISSILE COMMAND SWEEPSTAKES”, PO BOX 6041, SHERMAN OAKS, CA 91413 (“Mail-in Entry”). For the correctly completed postcard entry that you submit you will receive one (1) Mail-in Entry subject to the terms of these Official Rules.

ALL MAIL-IN ENTRIES MUST BE POSTMARKED BY MARCH 24, 2010 AND RECEIVED BY APRIL 6, 2010.

The Promotion Parties and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations, retailers and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents, (collectively, “Releasees”) are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Sweepstakes; inability to access the Entry Site or any pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the Entry Site) or for any other reason whatsoever; typographical, printing or other errors including without limitation, errors in these Official Rules and any marketing material regarding the Sweepstakes; late, lost, stolen, mutilated, misdirected or postage-due mail, or any combination thereof. Proof of entering information at the Entry Site or mailing entry is not considered proof of delivery or receipt. Illegible, incomplete, entries in excess of the stated number above and mechanically reproduced entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive entries or acts shall render entrants ineligible. By entering the Sweepstakes, entrants affirm that they have read and accepted these Official Rules. Any information collected by registering to enter the Sweepstakes shall be used only in a manner consistent with these Official Sweepstakes Rules and with the Sponsor’s Online Privacy Policy, which can be found at http://www.atari.com/us/privacy.

WINNER SELECTION: Winners will be selected in a random drawing from among all eligible entries on or about April 7, 2010 by West Coast Marketing, an independent judging organization, whose decisions are and shall be final and binding in all matters relating to this Sweepstakes. The Grand Prize winner will be notified by email, mail and/or telephone by April 14, 2010. The Grand Prize Winner (or the Grand Prize winner’s parent or legal guardian if potential Grand Prize winner is a minor in the legal jurisdiction in which he or she resides) will be required to execute and return a notarized Affidavit of Eligibility/Release of Liability, an IRS W-9 form and where legal, a Publicity Release form within ten (10) days of date of issuance. Failure to return all required forms within this time period, or to comply with any other provision herein, may result in the potential winner being disqualified and an alternate potential winner selected at the sole discretion of the Sponsor. First Prize and Second Prize winners will be notified by May 30, 2010 with the delivery of their prize via mail or other delivery service determined at the sole discretion of the Sponsor. If a prize notification or prize is returned as undeliverable for any reason, the prize may (at Sponsor’s sole discretion) be awarded to an alternate potential winner in a subsequent random drawing. Prizes are not transferable, assignable, or redeemable for cash. No substitution for a prize by the winner will be allowed. Prize must be accepted as awarded. If necessary, due to unavailability of a prize or parts thereof for any reason, a prize of equal or greater value will be awarded at the sole discretion of the Sponsor.

PRIZES: (GRAND PRIZE - one (1) will be awarded): The Grand Prize consists of an original Atari Missile Command Cabinet. The approximate retail value (“ARV”) of the Grand Prize is $1,950.

FIRST PRIZE - (ten (10) will be awarded): Each First Prize consists of one (1) Atari Flashback console. The ARV of each First Prize is $30.

SECOND PRIZE – (thirty (30) will be awarded): Each Second Prize consists of one (1) Missile Command T-Shirt. The ARV of each Second Prize is $10.

The total approximate retail value of all prizes to be awarded in this Sweepstakes is $2,550.

All prizes will only be delivered to addresses within the Eligibility Area. All Federal, state, and local tax liabilities are the responsibility of the winners. Acceptance of a prize constitutes permission (except where prohibited) for the Sponsor and its affiliates to use each winner’s name, likeness, biography and statements for marketing, promotional and publicity purposes in any media without additional compensation or any limitation.

The odds of winning a prize are determined by the total number of eligible entries received and are equal regardless of method of entry.
The Releasees make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any of the prizes or items received after redemption of the prizes, including, without limitation, their quality, merchantability or fitness for a particular purpose. Any and all warranties for prizes or any portions thereof are contained in the manufacturers' warranties, as relevant.

LIMITATIONS ON LIABILITY: Releasees shall not be liable to winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control.

GENERAL: By entering this Sweepstakes, entrants agree that Releasees shall not be liable for personal injuries, death, dismemberment, damages, expenses or costs or losses of any kind resulting from the Sweepstakes and the participation or inability to participate in this Sweepstakes or possession, receipt, acceptance of, damage of, defect in, use, misuse or inability to use a prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, dismemberment, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Winners release the Releasees from any and all liability and responsibility with respect to the prize (including any property loss, damage, personal injury or death) and in connection with any late, lost, stolen, misdirected, damaged, or destroyed prizing (or any element thereof). Winners acknowledge the aforementioned individuals and entities have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to the prize.

If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, the Sponsor will conduct a random drawing to award the prizes from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at the Entry Site. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING THE ENTRY SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If a dispute arises about who submitted an entry on the Entry Site, the entry will be deemed submitted by the authorized account holder of the email account entered. The authorized account holder is deemed the natural person who is assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the potential winning entry and that all eligibility requirements are met.

NOTE: Online Entry must be made by the entrant only at the Entry Site. Online Entries made by any other individual or any entity, and/or originating at any other web site or email address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device or software to automate the entry process is prohibited.

WINNERS LIST: For an Official Winners List, (available after May 30, 2010) or a copy of these Official Rules, send a self-addressed, stamped envelope (residents of Vermont only may omit return postage) to ATARI’S “MISSILE COMMAND SWEEPSTAKES” - WINNERS LIST - OR - OFFICIAL RULES (please specify which you are requesting), PO Box 56436, Sherman Oaks, CA 91413. Official Rules are also available during the Online Entry Period at the Entry Site.