Official Contest Rules

1. Eligibility. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE ODDS OF WINNING. PROMOTION OPEN ONLY TO RESIDENTS OF THE U.S. EXCLUDING PUERTO RICO, WHO ARE OVER THE AGE OF 13 AT THE TIME OF ENTRY. IF YOU ARE NOT A RESIDENT OF THESE AREAS, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND SPONSORS RESERVE THE RIGHT NOT TO AWARD PRIZES TO ENTRANTS WHO RESIDE IN OTHER JURISDICTIONS.

To be eligible to win a prize, entries must be completed and received by Sponsors in the format designated below. Directors, officers and employees of Sponsors and any of their affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply. Offer void where prohibited. Limit one entry per person.

2. Disclaimer.

Sponsors and their respective parent, and any of their respective subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for:

1. (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries;
2. (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures;
3. (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Sponsor; or
4. (d) any printing or typographical errors in any materials associated with the Contest.

3. Contest Period.

Contest period is from 2:30 P.M. Pacific Standard Time (PST), September 11, 2007 through 11:59 P.M. PST October 1, 2007 (the Deadline). All entries must be received by the Deadline to be eligible to win a prize.

4. Prizes.

Top Eight Winners: Eight (8) winners will receive one (1) Nintendo DS Lite video game system and one (1) copy of DK Jungle Climber each.

Many will enter, eight (8) will win. (Approximate Retail Value: $164.98 each; Total Contest Prizing Value: $1,319.84)

ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.

All prizes will be awarded. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted. Sponsors reserve the right to substitute a prize of equal or greater value for any prize. Prizes won by a minor (as determined by the laws of state of residence) will be awarded to a parent or legal guardian on the minor's behalf. Limit one prize per household or address. All prizes are awarded as is, and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.

In the event of a dispute about the identity of the contestant, entries made online will be declared made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide Sponsors with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.

5. How to Enter.

To enter, contestants will go to www.dkcontest.smugmug.com, where they will view a short summary of DK Jungle Climbers storyline. Contestants will use the summarized information to create a cartoon image depicting Donkey Kong climbing to the top of a unique place. Cartoons must be submitted or uploaded to the www.dkcontest.smugmug.com site in a digital format and must be created in a visual artistic medium, which includes drawing, painting, graphic arts and photos. Contestants must include their contact information: name, email address, a description of their entry no more than 100 words in length and confirmation of 13 years old or older.

Winning entries should adhere to the contest theme and creatively explain their cartoon. Entries will be judged on their creativity and fidelity to the contest theme. Artwork not related to DK Jungle Climber theme will not be eligible to win a prize. Odds of winning a prize depend on the number of eligible entries received. Many will enter; eight (8) will win.

6. Contest Rules.

On or before October 1, 2007, Sponsors will judge all eligible entries to determine which entries are the most creative and thematic. Throughout the duration of the contest, Sponsors will monitor entries and post only the entries that are appropriate for all ages. Sponsors will notify the eligible entrants who submit the entries which the judges determine, in their sole discretion, to be the most creative and thematic that they are eligible to be awarded a prize. Winners will be notified by telephone and/or e-mail by October 8, 2007. To claim a prize, winners should follow the instructions contained in their notification.

7. Sponsor Ownership of Entries.

All entries and materials submitted to Sponsors in connection with the Contest (collectively, Entry Materials), along with all copyright, trademark and other proprietary rights associated therewith become the sole property of Sponsors upon submission. Entry Materials will not be returned to any contestant. Without limiting the generality of the foregoing, you acknowledge that Sponsors will own all rights to use, modify, reproduce, publish, display, distribute, and otherwise commercially exploit the Entry Materials in perpetuity and throughout the world, in any manner or medium now existing or hereafter developed, without separate compensation to you or any other person or entity. The contest materials will be posted on Smugmug.com for the duration of the contest period and winning entries may be posted to Nintendo.com. You agree to take, at Sponsors' expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsors to effect, perfect or confirm Sponsor's ownership rights as set forth above in this paragraph 7.

8. Original Work of Authorship

You hereby warrant and represent that (a) you own all rights to all Entry Materials submitted by you; and (b) all such Entry Materials are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.

9. General Release.

By entering the Contest, you (and, if you are a minor, your parents or legal guardians) release Sponsors, and their respective parents, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the Released Parties) from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, 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.

IF YOU ARE A MINOR, YOUR PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO INDEMNIFY EACH OF THE RELEASED PARTIES FROM ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH WHICH MAY BE SUFFERED BY YOU.

10. Use of Winner's Name, Likeness, etc.

Except where prohibited by law, entry into the Contest constitutes permission to use winners' name, address, likeness and/or prize information, without limitation, for Contest purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winners may be required to execute a consent to the use of their name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.

11. Affidavit & Release.

As a condition of being awarded any prize, winners (and if winner is a minor, winner's parent or legal guardian) will be required to execute and deliver to Sponsors a signed affidavit of eligibility and acceptance of these Official Rules and release of liability.

12. Winners List; Rules Request.

For a copy of the list of winners, send a stamped, self-addressed, business-size envelope after October 1, 2007 and before November 1, 2007 to GolinHarris, Attn: DK Jungle Climber DK Climb to the Top Challenge Contest Winners List, 601 W. Fifth Street, 4th Floor, Los Angeles, CA 90071. To obtain a copy of these rules, send a stamped, self-addressed business-size envelope to the same address. Residents of VT may omit return postage.

13. Copyright Notice.

The Contest and all accompanying materials are copyright © 2007 Nintendo. All rights reserved.

14. Miscellaneous.

The Contest and these Official Rules will be governed, construed and interpreted under the laws of the State of Washington. Contestants agree to be bound by these Official Rules and by the decisions of Sponsors, which are final and binding in all respects. Sponsors reserve the right to change these Official Rules at any time, at their sole discretion, and to suspend or cancel the Contest or any contestant's participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Sponsors control affect the administration, security or proper play of the Contest or Sponsors otherwise become (as determined by their sole discretion) incapable of running the Contest as planned. Contestants who violate these Official Rules, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsors, the Contest or any other contestant (in each case as determined in Sponsors' sole discretion) are subject to disqualification from entry into the Contest. Sponsors reserve the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. If you have any questions about these Official Rules or the Contest, send written questions to GolinHarris, Attn: DK Jungle Climber DK Climb to the Top Challenge Contest questions, 601 W. Fifth Street, 4th Floor, Los Angeles, CA 90071.

15. Contest Sponsor.

The Sponsors of the Contest are: Nintendo of America Inc., 4820 150th Ave NE, Redmond, WA 98052 and Smugmug.com, 67 E. Evelyn Ave. Ste #8 Mountain View, CA 94041.