MYSTERY CASE FILES™: THE MALGRAVE INCIDENT™

SEEK AND SOLVE PUZZLE CONTEST

OFFICIAL RULES

Important: Please read these Official Rules before entering this promotion (the "Promotion"). By participating in the Promotion, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.

1.         Eligibility.  PURCHASE WILL NOT INCREASE ODDS OF WINNING.  PROMOTION VOID WHERE PROHIBITED.  PROMOTION OPEN ONLY TO RESIDENTS OF THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST 13 YEARS OF AGE. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND NINTENDO OF AMERICA INC. ("SPONSOR") RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU.   If you are under the legal age of majority in your state of residence (a "Minor"), prior to awarding a prize in connection with your entry, one of your parents or legal guardians must submit a signed, written statement that they have read, understood and agree to these Official Rules, and that such agreement constitutes acceptance of these Official Rules on behalf of you and themselves.   To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. Directors, officers and employees of Sponsor and any of their respective parent companies, 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.

2.         Disclaimer.   Sponsor, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.

3.         Promotion Period: The Promotion period is from 1:00 p.m. (all times Pacific Time) on June 22, 2011 to 5:00 p.m. on June 24, 2011 (the "Promotion Period"). The Promotion Period consists of the following three prize periods (each, a "Day").

·       "Day 1" starts at 1:00 p.m. and ends at 5:00 p.m. on June 22, 2011;

·       "Day 2" starts at 1:00 p.m. and ends at 5:00 p.m. on June 23, 2011;

·       "Day 3" starts at 1:00 p.m. and ends at 5:00 p.m. on June 24, 2011.

All entries must be received during the applicable Day and meet the other requirements in these Official Rules to be eligible to potentially win a prize for that particular Day.

4.         Prizes: One (1) winner each Day during the Promotion Period will each receive one "Lead Your Own Mystery Case Files Investigation" Prize Pack consisting of the following: one copy of the Mystery Case Files™: The Malgrave Incident™ video game; one detective booklet; one Master Detective badge sticker; and one Master Detective achievement certificate. Approximate retail value ("ARV"): $50 per prize package. Combined ARV of all Promotion prizes: $150.

5.         Odds; Taxes; Etc.  Odds of winning a prize depend on the correctness and timeliness of entrant answers to Puzzle(s) (defined below).  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, provided Sponsor receives sufficient correct, eligible entries for each Day. Each prize may, in Sponsor's sole discretion, be forfeited and awarded to an alternate winner if the prize is returned as undeliverable or otherwise not claimed within one week after delivery of notification, or, alternatively, if three (3) attempts to contact winner by direct message via Twitter with the prize notification are not successful. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. Prizes won by a Minor will be awarded to a parent or legal guardian on the Minor's behalf. Limit one winner 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).

6.         Identity of Entrant.  All prizes will be awarded, provided Sponsor receives sufficient correct, eligible entries for each Day. Each prize may, in Sponsor's sole discretion, be forfeited and awarded to an alternate winner if the prize is returned as undeliverable or otherwise not claimed within one week after delivery of notification, or, alternatively, if three (3) attempts to contact winner by direct message via Twitter with the prize notification are not successful. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. Prizes won by a Minor will be awarded to a parent or legal guardian on the Minor's behalf. Limit one winner 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).

7.         How to Enter:  To enter, you must:

·       Step 1: : Be a registered user of Twitter.com.   (If you are not a registered user of Twitter, simply visit https://twitter.com/signup to register for free.)

·       Step 2:  Follow Sponsor on Twitter at @NintendoAmerica.

·       Step 3:  Sponsor will post tweets containing a Puzzle twitpic with "hidden objects" (each a "Puzzle") as discussed in Section 8 below;

·       Step 4Send a direct (private) Twitter message from your Twitter page containing a link to the Puzzle with the hidden objects circled during the then-applicable Day. .

       ·       To circle the hidden objects after you have found them in the Puzzle: (a) save the Puzzle, (b) use a simple drawing or image editing program on your computer to circle the hidden objects in the Puzzle (e.g., Paint, Photoshop, or word processing software) (c) re-save the Puzzle with the hidden objects circled, and (d) attach your Puzzle answer to your direct Twitter message to Sponsor.

       ·       To send a direct Twitter message to Sponsor from your Twitter page containing your answer: (a) visit your Twitter page and click the "Messages" button, (b) click "New Message," (c) enter the recipient "@NintendoAmerica", and (d) type your answer and click "Send." You may only submit one Puzzle answer per Day. Do not include personal information in your answers, including, without limitation, your name, e-mail address, or contact information.

If any entrant is found to have used multiple or different Twitter usernames, Twitter accounts, or other applicable accounts to submit more than one Puzzle answer per Day, such entrant and his/her answers will be disqualified.

8.         Promotion RulesThe Promotion consists of three Days, and Sponsor will post Puzzles on Sponsor's Twitter page at @NintendoAmerica as explained below.

·       Daily Puzzles:  Sponsor will post one Puzzle each Day on Sponsor's Twitter page at @NintendoAmerica as follows:

o   The Day 1 Puzzle will be posted at 1:00 p.m. on June 22, 2011;   

o   The Day 2 Puzzle will be posted at 1:00 p.m. on June 23, 2011; and

o   The Day 3 Puzzle will be posted at 1:00 p.m. on June 24, 2011.

The first eligible entrant to correctly answer the Puzzle pursuant to these Official Rules (including Section 7) on each Day will each receive a prize, provided they follow the instructions contained in their winner notification. Limit one prize pack per person during the Promotion Period.

  Sponsor reserves the right, in its sole and absolute discretion, to disqualify any entries that are inappropriate for any reason or associated with inappropriate entrant content on Twitter.com, including, without limitation, entries or entrant Twitter pages or postings that contain, depict, describe, mention, or refer to profane, sexually explicitly, hateful, defamatory, or discriminatory material or are otherwise not appropriate for or consistent with Sponsor's brand image.

  Each potential prize winner will be notified by direct message via Twitter within one week after the end of the Promotion Period. To claim a prize, each potential winner must follow the instructions contained in his/her notification, including by taking any winner verification steps required by Sponsor.

 This Promotion is in no way sponsored, endorsed or administered by Twitter, Inc. You understand that by using and interacting with www.twitter.com, you are subject to the terms, conditions, and policies that govern the use of www.twitter.com. You should therefore review the applicable terms and policies forwww.twitter.com, including privacy and data gathering practices, before using or interacting with the site.

9.         Sponsor's License to Entries.  You (and, if you are a Minor, your parent or legal guardian) grant to Sponsor, and its successors, assigns, licensees, representatives, and agents, a perpetual, irrevocable, royalty-free, non-exclusive, worldwide right and license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your message(s) containing your Puzzle answer, or any portion thereof, in any manner, form, media or technology now known or later developed for any commercial or non-commercial purpose. You (and, if you are a Minor, your parent or legal guardian) agree to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's rights as set forth above in this paragraph.

10.        Representation and Warranty.  You (and, if you are a Minor, your parent or legal guardian) hereby warrant and represent that your message(s) containing your Puzzle answer(s) does/do not and will not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.

11.        General Release.  By entering the Promotion, you (and, if you are a Minor and potential winner, your parents or legal guardians) release Sponsor and all 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 Promotion 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.

12.        Use of Winner's Name, Likeness, etc.   Except where prohibited by law, entry into the Promotion constitutes permission to use each winner's name, Twitter name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, each winner (and if winner is a Minor, winner's parent or legal guardian) may (in Sponsor's sole discretion) be required to execute a consent to the use of such winner's name, Twitter name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.

13.        Affidavit & Release.   As a condition of being awarded any prize, each winner (and if winner is a Minor, winner's parent or legal guardian) may (in Sponsor's sole discretion) be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion.

14.        Winner List; Rules Request.   For a copy of the winner list, send a stamped, self-addressed, business-size envelope after June 30, 2011 and before June 30, 2012 to Sponsor at the address listed below, Attn: Mystery Case Files: The Malgrave Incident Seek and Solve Contest Winner List. To obtain a copy of these rules, send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: Mystery Case Files: The Malgrave Incident Seek and Solve Contest Rules Request. Residents of VT may omit return postage.

15.        Intellectual Property Notice.   © 2011 Big Fish Games, Inc. Mystery Case Files is a trademark of Big Fish Games, Inc. The Promotion and all accompanying materials are copyright © 2011 by Nintendo of

16.        Miscellaneous.   The Promotion and these Official Rules will be governed, construed and interpreted under the laws of the state of Washington, U.S.A. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Promotion or any entrant's participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's control affect the administration, security or proper play of the Promotion, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Promotion as planned. Notwithstanding the foregoing, Sponsor reserves the right to amend, modify, or cancel the Promotion at any time without notice. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from entry in the Promotion. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Promotion. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. If you have any questions about these Official Rules or the Promotion, please send written questions to the address listed below, Attn: Mystery Case Files: The Malgrave Incident Seek and Solve Contest Questions.

17.        Sponsor:   Nintendo of America Inc., 4600 – 150th Avenue NE, Redmond, Washington 98052