Terms of Participation – Emoji ContestFebruary 10th, 2022 at 6:18 pm
Fractured Online Contest Terms of Participation
Scope of Application
These terms of participation, together with the information and conditions provided in the description of the contest announcement (“Contest Announcement”), form the legal basis (“Legal Basis”) for the respective contest (“Contest”). The contest announcement specifies these terms of participation. The definitions given in these terms of participation apply to the contest announcement.
In case of deviations or contradictions between the terms of participation and the contest announcement, the rules set out in contest announcement shall prevail.
The contest is organized by one or more companies (“Organizer“; together, if applicable). The organizer is named in the respective contest announcement.
Eligibility and Participants
Participation in the contest is voluntary and only for natural persons. Participants must be at least fourteen years old. If the participant is under the age of eighteen, the parent or guardian must have given their consent to participate in the contest.
Employees of the organizer, the cooperation partners involved in the contest and their respective relatives are excluded from participation.
“Participant” means anyone who is eligible to participate pursuant to paragraph 3.1 and 3.2 and who complies with the legal basis in the participation period specified in the contest announcement (“Participation Period“).
Participation and Entry
To participate in the contest, the participant must complete the task described in the contest announcement (“Task“) within the participation period described in the contest announcement. There is no participation fee.
The completed task submitted by the participant forms his/her entry (“Entry”). The entry may never include sexually explicit, indecent, obscene, vulgar or discriminatory content. The entry may generally only contain personal data about the participant himself/herself.
Upon submission of the entry, the physical component, if applicable, of the entry becomes the property of the organizer. The participant has no right to claim back his/her entry. Section 5 of these terms of participation applies to the entry regarding the intellectual property.
Each participant may submit as many entries as they wish. Entries submitted outside of the participation period will not be considered.
The participant is not allowed to participate in this contest as far as the legal basis violates mandatory consumer protection law of the country in which the participant has his habitual residence.
Right of Use
The participant grants the organizer the royalty-free, non-exclusive, sublicensable, worldwide, perpetual and irrevocable right to use the respective entry and all images, text and other content (this includes the name and image of the participant, if applicable) contained or depicted therein in whole or in part for commercial and non-commercial exploitation. This includes all copyrights, trademarks and other related intellectual and proprietary rights. Legal claims, which cannot be excluded, remain unaffected.
The right of use and exploitation granted by the participant includes, but is not limited to, the right to display, reproduce, recreate, record, present, exhibit, distribute, copy, edit, change, modify, supplement the entry or parts thereof, subtract, re-title, sell and adapt, combine with other content and otherwise use and exploit the entry.
The granting of rights is not subject to a confirmation by the participant. Nevertheless, participants may be required to confirm such grant of rights described above by completing and submitting the documents confirming acceptance of the prize, failing which the participant will be disqualified from receiving the participant’s prize(s).
The organizer is not obliged to publish or disclose the participant’s entry in anyway.
Granting of licenses by the Organizer
Participant is entitled to include in his/her entry the name of the organizer, as well as the trademarks, the organizer’s logo, the titles, the characters and other content of the organizer related to the contest as described in the contest announcement (“Organizer Content“). Organizer grants each participant a free-of-charge, non-exclusive, revocable, limited license to use the organizer content solely for the purpose of developing and submitting the participant’s entry for the contest. Any other use of the organizer content, including but not limited to commercial use, is prohibited and may result in disqualification.
All derivative works based on or using the organizer’s content and intellectual property are the sole and exclusive property of the organizer. Participant acknowledges that, in the relationship between organizer and participant, organizer is the owner of all right, title and interest in all copyrights, trademarks and other rights associated with organizer’s content, including but not limited to name, intellectual property, games, services, products and product designs.
Usage of Social Media Platforms
If the task of the contest includes the publication of the entry through the use of Twitter, Twitch, YouTube, Facebook, Instagram, Snapchat or any other social media platform (“Social Media Platform“) or any other use of the social media platform, the following applies:
The contest is in no way sponsored, endorsed, administered or associated with the social media platform or the owner of the social media platform. The organizer is solely responsible for the contest in relation to the corresponding social media platform.
The Participant’s user profile and any postings or updates related to the contest must be publicly viewable and remain publicly viewable throughout the contest (if applicable).
If part of the task of the contest, participant must “like”, “follow”, “friend”, etc. (depending on the social media platform) the account or entry specified in the contest announcement (depending on the social media platform).
Participant agrees to indemnify, defend, and hold harmless all respective social media platforms (if applicable) from and against any and all claims by third parties arising out of or in connection with any breach of any representation, warranty or warranty made by participant in connection with participant’s acceptance of the legal basis.
Assurances of the Participant / Indemnification
By participating in the contest, the participant represents and warrants that he/she has read, understood, agrees to and will abide by the legal basis of this contest.
Participant represents and warrants that he or she will comply with all applicable laws, including, without limitation, copyright, privacy and publicity laws.
By submitting their entry, the participants provide assurance that they produced the entry themselves, guarantees that the entry does not infringe on the rights of third parties and indemnifies the organizer against all claims from third parties based on or in connection with the infringement of third party rights in connection with the entry. The organizer reserves the right to require the participant to prove at any time that the Participant retains all necessary rights to the submitted materials in order to grant the organizer the rights required herein in a form acceptable to the organizer. Failure to provide such proof may result, among other things, in disqualification of the participant from the contest.
The number of winner(s) (each a “Winner“) is stated in the contest announcement. The organizer will determine the winner(s) as specified in the procedure for determining winner(s) set forth in the Contest announcement (“Procedure For Determining Winner(s)“). Only eligible participants are eligible to win a prize.
Each winner will be notified by the organizer via email account or other account provided as part of the entry, by mail or as otherwise specified in the contest announcement. organizer will notify (“Prize Notification“) the winner or winners no later than 3 months after the last day of the participation period. Returning the prize notification will result in forfeiture of the prize.
The prize notification may contain instructions of the organizer (e.g. to give further contact information). The winner must comply with such instructions, otherwise the winner loses his/her claim for the prize(s).
The organizer has the right to ask a potential winner to proof that he is the authorized account holder of the account associated with the winning entry.
Rejection of Entries / Disqualification
The organizer may reject entries or disqualify participants or reclaim prices for the following reasons, among others:
If a participant manipulates the course of the contest including but not limited to the circumstance that the entry contains viruses, Trojan horses or harmful or malicious code or otherwise be detrimental to the contest, users of the Site or applicable social media platform or any other person or entity
If a participant behaves in a way that is harmful to other participants, third parties or the organizer
If the participant does not prove his/her eligibility to participate at the request of the organizer
If the participant’s entry contains personal information about any person other than the participant that can be used to track, contact or impersonate that person,
If the participant’s entry Is sexually explicit, indecent, obscene, vulgar or discriminatory or contains other offensive material
If the participant violates any rule or condition in the rules or conditions on any applicable social media platform
If the participant or their entry violates any law
Subsequent attempts by an already disqualified participant to re-enter the contest (e.g., by submitting multiple entries and/or by using multiple user accounts or false contact information) are prohibited.
Disqualification of a winner will result in that winner not receiving any prize. In this case the organizer may award the prize to another participant. This may be determined by the procedure for determining winner(s) described in the contest announcement, or by any other winner selection process appropriate to the situation. Subject to applicable law, the organizer may decide not to award the prize at all.
It is the sole responsibility of each winner to submit the prize(s) to the appropriate tax authorities or other governmental agencies if the winner is required to do so by law.
The prize(s) the winner(s) will receive are specified in the contest announcement (“Prize”). Prizes are not transferable. Any prize(s) not claimed will be forfeited.
If the prize is a digital prize (e.g. credits for a game, or virtual items for a game), the organizer will transfer the prize to the account provided by participant as part of the entry, or ask the participant in the prize Notification to which user account the prize should be transferred.
If the prize is a physical prize that is not a cash prize (e.g. hardware or merchandise), the organizer will ask the participant to provide his/her contact information in the Prize Notification. The prizes are considered to be handed over from the organizer to the winner upon delivery to the Postal Service Provider (this handing over of the prizes to the Service Provider can also be done by a Sponsor who makes the prize(s) available for the contest). If a prize cannot be delivered or its acceptance is refused due to incorrect address information provided by the winner (including unsuccessful delivery attempts due to the absence of the winner), this shall be at the expense of the respective winner. Neither the organizer nor any existing sponsors owe further delivery attempts.
Prizes in the form of travels and/or events must always be claimed by the winner at the time specified by the organizer. Otherwise, the prize will be forfeited without any claim to reimbursement of costs. When claiming travel and/or events, the terms and conditions of the respective “Travel Organizer” (this may be one or more third parties or/and or the organizer) shall apply in addition to these terms and conditions of participation. For all claims arising from the travel relationship and/or an event, the travel organizer or the other service providers are exclusively liable. All expenses in excess of the expressly offered price (e.g. travel to and from the event, meals, transportation, fees, expenses, travel insurance, rebookings approved by the (travel) organizer) are to be borne by the winner independently and at his own expense, unless expressly agreed otherwise in the contest announcement. The organizer assumes no liability for the cancellation of the trip or event due to force majeure or due to circumstances for which the (travel) organizer or its business partners are responsible. The winner and any accompanying person(s) must have a valid identification document with them at the start of the trip. The winner and any accompanying persons are responsible for obtaining any visas that may be required themselves and at their own expense. In the absence of the required travel documents, the organizer may withdraw the winner the prize. Claims against the organizer are excluded in this case.
Cash prizes will be paid at the discretion of the organizer by bank transfer or other payment method to an account to be specified by the winner. Costs incurred as a result of the transfer or crediting of the cash prize (e.g. bank charges, taxes) will only be borne by the organizer if this was expressly stated in the contest announcement. The winner must provide the organizer with the necessary information (e.g. in the case of transfer of a cash prize, his/her bank details) and agrees that the organizer may forward this information to the respective third party, if necessary, in order to enable this third party to make the payment. By making the payment (e.g. transfer to the named account), the organizer is released from the payment obligation regarding the prize. If the cash prize is not paid out due to incorrect information (e.g. bank details) or due to other circumstances for which the organizer is not responsible, no claims can be made against the organizer.
The organizer is not responsible for lost, damaged or stolen prizes.
A cash disbursement of the prize is not possible unless it is a cash prize.
Organizer reserves the right to replace individual prizes with prizes of equal or higher value.
If the winner has violated the terms of participation (in particular by fulfilling any of the requirements for disqualification), the organizer reserves the right to reclaim the prizes.
Limitation of Liability
The organizer, its bodies, employees, and subcontractors are liable exclusively for willful intent and gross negligence, regardless of legal basis, and in cases of ordinary negligence, only for the violation of essential contractual obligations and limited to foreseeable damages, as far as not precluded by other compulsory statutory provisions. These limitations do not apply for the loss of life, personal injury or damage to health.
Organizer will retrieve, process and use personal data exclusively for the purposes of holding the contest (this includes the review of the right to participate and compliance with the legal basis). The personal data processed by the organizer during the contest are specified in the contest announcement.
Organizer will only process the personal data of each participant within the scope of the applicable legal data protection requirements.
The personal data collected will be stored for the duration of the contest and then subsequently deleted once the Contest ends. Presentations of entries which, for reasons of transparency, is principally always kept permanently available for retrieval, will not be deleted within this period unless otherwise requested by the respective winner. To the extent that legal retention requirements stipulate longer-term storage, the affected data will be deleted at the latest following the expiry of such obligations and will only be processed for the purposes of compliance with these retention requirements.
Recourse to the courts is not permitted.
The organizer reserves the right to stop the contest before the end of the participation period, if for technical or legal reasons its proper execution cannot be guaranteed.
These terms of participation and claims in connection therewith shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the user has concluded the contract as a consumer, the mandatory consumer protection provisions applicable in the state in which the user has his habitual residence shall also apply, provided that these provisions grant the user a more comprehensive protection.
In the event that any individual provisions of these terms of participation become ineffective, the remaining provisions shall remain effective and binding. Statutory rules shall take the place of the ineffective provision. The invalid provision shall be replaced by a provision which comes closest to the will and the legal and economic interests of the parties. Same applies in case of a loophole in the terms of Participation.
Date: January 2022