WHERE'S DK? SEARCH EVENT
PARTICIPATION TERMS

  1. Background. Donkey Kong is missing and we need help finding him. Nintendo of America Inc., ("Nintendo") is hosting the Where's DK? Search Event ("Search Event") described below where participants will use clues provided by Nintendo to find Donkey Kong. For each of the first ten thousand (10,000) participants who complete the Search Event, Nintendo will donate one dollar ($1), up to a total contribution amount of ten thousand dollars ($10,000) (the "Donations"), to the Animal Protection Institute (www.api4animals.org).

  2. How to Participate. To participate in the Search Event, simply follow the clues located on participating retailer web sites, as well as on www.whereisdonkeykong.com. These clues will be provided beginning on October 31, 2005 and will end on November 21, 2005. Once you have followed all the clues, you will be taken to the official promotion page located on www.whereisdonkeykong.com, and, if you are one of the first ten thousand (10,000) participants to find all the clues, Nintendo will donate one dollar ($1) as set forth in paragraph 1 above.

  3. Important Legal Disclaimers. NO PURCHASE NECESSARY TO PARTICIPATE. NO PARTICIPANT WILL BE AWARDED ANY PRIZE, RECOGNITION, OR COMPENSATION FOR PARTICIPATION IN THE SEARCH EVENT. ALL DONATIONS WILL BE MADE SOLELY IN NINTENDO'S NAME TO THE ANIMAL PROTECTION INSTITUTE. Participation by you in the Search Event is strictly voluntary and by participating in the Search Event you release Nintendo, participating sponsors and any of their respective parent companies, 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 your participation in the Search Event, (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.

  4. Copyright Notice. The Search Event and all accompanying materials are copyright © 2005 by Nintendo. All rights reserved.

  5. Miscellaneous. The Search Event and these Search Event Participation Terms will be governed, construed and interpreted under the laws of the State of Washington. By participating in the Search Event, participants agree to be bound by these Search Event Participation Terms. Nintendo reserves the right to change these Search Event Participation Terms at any time, in its sole discretion, and to suspend or cancel the Search Event or any participant's participation in the Search Event should viruses, bugs, unauthorized human intervention or other causes beyond Nintendo's control affect the administration, security or proper management of the Search Event or Nintendo otherwise becomes (as determined in its sole discretion) incapable of running the Search Event as planned.