DivX Connected Plug-ins Spectacular Rules

Start date:                                             4/16/2008
End date:                                              6/18/2008
Winners Selected:                                  6/23/2008
Prizes awarded:                                     6/27/2008
Age restrictions:                                     DivX Connected™ Plug-ins Spectacular (“Contest”) is open to                                                              all individuals 18 years of age and older
Category entries accepted:                     Games, Information, Music, News, Photo, Video

Prizes:

Five 1st Prize winners: Each will receive (one per entrant): a D-Link DSM-330 DivX Connected HD Media Player (ARV: $249.99)

50 Qualifying Entry Winners: Each of the first fifty qualifying entrants (one per entrant) will receive a copy of the DivX Pro for Windows software application (ARV: $19.99), and a DivX Connected t-shirt (ARV: $9.99).

1. Contest Description. This is your chance to create plug-ins for the DivX Connected platform. Expose your developments on http://labs.divx.com/ (“DivX Labs”) and enter the DivX Connected Plug-ins Spectacular (the “Contest”) to win fabulous prizes. We are looking for talented developers to produce high-quality, original, and entertaining plug-ins. All plug-ins entered will be reviewed by DivX employees and then judged by a panel of DivX employees based on: (i) the functionality of the plug-in; and (ii) the originality of the plug-in. Entry rules and eligibility information is below. Full Contest rules are also available on http://labs.divx.com/connected/spectacular/rules

2. To Enter.
a.         Register.  Sign up to DivX Labs (you’ll need a valid email address and you’ll have to agree to the Terms of Use, the DivX Connected Plug-in/Theme Creation and Publication License Agreement, and the Privacy Policy when you do).
b.         Create.  Create an original DivX ConnectedTM plug-in that complies with the DivX Labs terms of use and Plug-in/Theme Creation and Publication License Agreement (available at http://labs.divx.com/TermsOfUse and http://labs.divx.com/TermsofUse#ConnectedPluginAgreement) and fits in one of the following categories: Games, Information, Music, News, Photo, Video.  You may create as many different entries as you’d like as multiple entries per contestant are permitted.
c.          Upload.  Post each of your entries electronically to the official DivX Connected Plug-ins Spectacular site (http://labs.divx.com/connected/spectacular). All Contest entries must be received by DivX by June 11, 2008.
c.          Describe.  When you upload the plug-in, you’ll have to fill out a form, including your name, the title of the entry, and the category you are entering with that plug-in; be accurate as you can’t win if we don’t know who you are or what you are trying to accomplish.
d.         Get Judged.  Each Plug-in will be reviewed for compliance with the agreements and policies (see above) before it becomes eligible for the judges, but once you qualify, you’ll be judged… it is a contest, you know?

3. Timing. Contest begins: April 16, 2008. Contest ends: June 18, 2008. Winners of the Contest will be selected by June 23, 2008 and prizes will be awarded to winners by June 27, 2008. All dates referenced will begin and end at midnight, Pacific Standard Time.

4. Eligibility. The Contest is open to all individuals 18 years of age or older who comply with the rules set out herein. Employees or agents of DivX, Inc. and the members of their immediate families, as well as governmental end-users in certain regions are ineligible to enter or win. Contest is void where prohibited, including in Cuba, Iran, North Korea, Syria, and Sudan.

5. Prizes. Each of five 1st Prize Winners (one per entrant) will receive a D-Link DSM-330 DivX Connected HD Media Player (ARV: $ 249.99); Each of the first 50 qualifying entrants will receive a copy of DivX Pro For Windows software application (ARV: $19.99), and a DivX ConnectedTM t-shirt (ARV: $9.99).

6. Use of Plug-in by DivX. By submitting your plug-in to the Contest, you understand and agree that, in addition to use within the Contest, your plug-in will be treated as if it had been uploaded directly to the DivX Labs site pursuant to the Publisher Agreement (available athttp://labs.divx.com/TermsofUse#ConnectedPluginAgreement). In particular, your plug-in will be uploaded to DivX Labs and DivX may then make it available to other visitors to DivX Labs. To do this, DivX may host your plug-in on its servers; index it for searching; and display it via streaming and/or downloading technologies. DivX may also, for promotional purposes only, display limited excerpts of the service or content made available by your plug-in to DivX Labs visitors for no fee. And to promote DivX, DivX may modify your plug-in or the excerpts being shown to insert a small DivX watermark that will be displayed as it plays. DivX may also display advertisements, including third party advertisements on DivX web sites, and these advertisements may be displayed adjacent to your plug-in or excerpts, and you will receive no share of any revenue DivX may receive from these types of advertisements. DivX may also display your plug-in, as well as your username as a part of promotions of DivX Connected or other DivX products and services, in places including but not limited to third party sites, and presentations and marketing materials (both printed and contained on things like promotional CDs or DVDs) where we try to tell the world how great DivX Connected and the people like you who participate in it really are. DivX may do all of the above, but may also do none of it, at its sole discretion.

7. Notification. DivX will notify the potential winners by email at the address provided within approximately three (3) days following selection of the potential winners. DivX is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or failure to adequately monitor any email account or physical address. The potential winners must respond to DivX within ten (10) days, indicating their intent to accept or decline the prize to be awarded. Should the potential winner fail to respond to DivX or be disqualified for any reason, DivX reserves the right to select a new, replacement winner. DivX is not responsible for any delay in response for any reason including inadequate postage, mis-addressed email, or other mistake. Individuals may request the name of the winner by submitting a self-addressed, stamped envelope before July 1, 2008 to: DivX Connected Plug-ins Spectacular, 4780 Eastgate Mall, San Diego CA 92121 U.S.A Attention: Winners List DivX Connected. If you are awarded and accept a Prize, you agree to allow DivX to provide your name in response to such requests.

8. Affidavit; Publicity Release. The potential winners will be asked to sign an affidavit of eligibility and publicity release that will allow DivX to use the winner’s name, likeness, voice, prize information, and biographical information for publicity and promotional purposes without further compensation where permitted by law. By accepting a Prize, a winner consents to (i) being interviewed about their interest in products or services of DivX or its affiliates and (ii) use of his or her name, likeness and any statements, quotes or testimonials for publicity, advertising and other promotional purposes without further compensation, except where prohibited by law.

9. Taxes. All taxes associated with the receipt or use of any Prize is the sole responsibility of the winner. DivX reserves the right to withhold any taxes as required by applicable law. Prizes are not transferable. No substitutions (including for cash) are permitted, but DivX reserves the right to substitute a prize of equal or greater monetary value to the Prize if for any reason any prize cannot be awarded as contemplated in these rules.

10. Conditions of Participation. By submitting an entry for this Contest, you agree to abide by these rules, the terms and conditions of DivX Labs, and any decision DivX makes regarding this contest. DivX reserves the right to disqualify from the contest, and to take such other action as may be appropriate, any entrant or winner who, in DivX’s good faith judgment, tampers with DivX’s web site the entry process, or violates these rules or the DivX Labs Terms of Use. By submitting an entry to the Contest, you understand and agree that you will provide representations, warranties and indemnities as if you had uploaded your entry directly to the DivX Labs site pursuant to the Publisher Agreement (available at http://labs.divx.com/TermsofUse#ConnectedPluginAgreement). In particular, you guarantee (by which we legally mean “represent and warrant”) to DivX: (i) that you have (and will continue to have, as long as your content is in DivX Labs) all the rights to the plug-in and content you publish necessary to publish that plug-in, and provide access to the underlying service; (ii) that you have the legal right and authority to grant to DivX the rights and licenses described in this agreement; and (iii) that DivX’s use of the plug-in (as authorized by you in this agreement) won’t violate or infringe upon anyone’s intellectual property or other rights or constitute unfair competition against, or defame, anyone. You also guarantee to DivX that the plug-in you publish doesn’t violate any law, is not pornographic or obscene, and is not otherwise something that will get you or DivX into trouble.

11. Disclaimer and Limitation of Liability. DIVX MAKES AND GIVES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTEST OR ANY PRIZE OR ANY ENTRANT’S PARTICIPATION IN THE CONTEST. DIVX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM, ANY OCCURRENCE, EVENT OR CONDITION OUTSIDE DIVX’S REASONABLE CONTROL THAT MAY AFFECT THE CONTEST OR CAUSE THE PROMOTION TO BE DISRUPTED, SUSPENDED OR CORRUPTED, INCLUDING: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; AND (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS CONTEST. DIVX RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE CONTEST OR ALTER THE RULES IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE OCCURRENCE, EVENT OR CONDITION ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION.

12. Release. BY ENTERING THE CONTEST, EACH ENTRANT RELEASES AND AGREES TO HOLD HARMLESS DIVX AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION), ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE CONTEST; (II) ACCEPTANCE OR USE OF ANY PRIZE; OR (III) OTHERWISE ARISING OUT OF OR RELATING TO THE CONTEST.

13. Privacy and Use of Contest Information. Any personal information received by DivX in connection with this Contest will be used solely in accordance with DivX’s Privacy Policy, which can be found at http://labs.divx.com/legal/privacy.php and the specific Plug-Ins Spectacular Privacy policy available at http://labs.divx.com/connected/spectacular/pp.

14. Governing Law. These rules and this Contest are governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, San Diego County. The parties consent to the exclusive jurisdiction of the state courts of California and the federal courts located with such state and county with respect to any action, dispute or other matter pertaining to or arising out of this Contest. This Contest is subject to all applicable laws and is void where prohibited.

15. Promoter. The promoter of this Contest is DivX, Inc., 4780 Eastgate Mall, San Diego CA 92121 (“DivX”). All questions regarding this Contest should be directed by email to the DivX Connected Plug-ins Spectacular Administrator at DivXConnectedSpectacular@divx.com.