Strugging Giveaway - r/PCGaming (Terms and Conditions)

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Bruce Garrido

Community Manager
Frontier
Frontier Developments:

Struggling Competition Terms & Conditions

August, 2020

Registered Company:

FRONTIER DEVELOPMENTS PLC - Company Registration No: 02892559 whose registered office is at: 26 Science Park, Milton Road, Cambridge, CB4 0FP, England, UK. (the “PROMOTER”)


Official Rules:

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
VOID WHERE PROHIBITED. CONTEST IS SOLELY OPEN TO RESIDENTS OF EUROPE OR THE UNITED STATES.

ENTRY IN THIS CONTEST CONSTITUTES ENTRANT ACCEPTANCE OF THESE OFFICIAL RULES.

The Struggling contest (the “Contest”) is a:

- Contest of chance. Winning entries will be selected at random from valid submissions by an impartial Judge/ 3rd party chosen at the sole discretion of the PROMOTER. See below for the complete details.

- This Contest is in no way sponsored, endorsed, administered by, or associated with Reddit. Users remain bound by the relevant Terms and Conditions of any Social Media platforms listed above. Please refer to the relevant platform’s Terms & Conditions page/s for more information about how they regulate or use data and/ or information on behalf of their subscribed users. Please also visit www.redditinc.com/policies/user-agreement for further information.


1. BINDING AGREEMENT: In order to enter the Contest, you must agree to these Official Rules (“RULES”). Therefore, please read these Rules prior to entry to ensure you understand and agree. By submitting an entry in the Contest, Entrants agree to these Rules. Entrants may not submit an entry to the Contest and are not eligible to receive any prize described in these Rules unless they agree to these Rules. These Rules form a binding legal agreement between Entrants and the PROMOTER with respect to the Contest.

2. ELIGIBILITY: To be eligible to enter the Contest, you (“Entrant”) must: (1) be at least the age of 13 years old at the time of entry; (2) reside in Europe or United States; (3) not be a resident of a country where the PROMOTER’S game/s have not been officially released as of 27th August 2020 or a resident any country where the United States, United Kingdom, Europe have embargoed goods (4) not be a person or entity under U.S. export controls or sanctions; and (5) have access to the Internet as of 27th August 2020. Entrants agree that if a winner they will provide any additional necessary information or consents necessary to confirm eligibility as a winner. Failure to provide additional information or consents will be grounds for disqualification, unless prohibited under applicable law. Contest is void to Employees, interns, contractors, and official office-holders of Frontier Developments plc., the CONTEST ENTITIES, their respective subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, interns, contractors, officers, and directors are ineligible to participate in this Contest. PROMOTER reserves the right to verify eligibility and to adjudicate on any dispute at any time.

3. PROMOTER: The Contest is promoted by Frontier Developments plc. (“FRONTIER” or “PROMOTER”), with offices at 26 Science Park, Milton Road, Cambridge, CB4 0FP, England, UK

4. CONTEST PERIOD: The Contest begins at 21:00:00 P.M. BST Zone in the United Kingdom on 27th August 2020 and ends at 23:59:59 P.M. BST on 30th August 2020 (“Contest Period”). ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.

5. HOW TO ENTER: During the Contest Period, entrants are required to recount a memory of playing a co-op game and indicate which version of the game the entrant would like to receive, according to region (Europe or America) in the comment section of the Reddit post.

6. WINNERS:


- 10 winning entries will be selected at random from valid submissions by an impartial Judge/ Contest Entities (“Judges”) at the sole discretion of the PROMOTER. Information pertaining to the method by which random winners are selected can be provided for up to Thirty (30) Days following the conclusion of the Competition Period on written request to the PROMOTER’s details.

On or about 30th August 2020 potential winners will be notified via Reddit direct message by a representative of the PROMOTER.

If a potential winner does not respond to the notification attempt within forty-eight (48) hours from the notification attempt, then such potential winner will be disqualified and an alternate potential winner will be selected from among all eligible Entrants based on the judging criteria described herein. Each potential winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information, such as that referenced in section 9 below, that may be required by Sponsor.

Potential winners must return all such required documents within five (5) days following attempted notification or such potential winner will be deemed to have forfeited the prize and another potential winner may be selected based on the judging criteria described herein.

All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Determinations of judges are final and binding.

7. PRIZES:
Ten (10) Prizes in total are available:

- Ten (10) Winners will win one (1) copy of the Game via a Steam Key.

The total Approximate Retail Value of this prize package is £11.99. The actual market value may vary based on item brands and be subject to market fluctuations; any difference between actual market value and Approximate Retail Value will not be awarded. Winners are solely responsible for any and all expenses not expressly stated in the prize description herein.

No transfer, substitution, or cash equivalent for prizes is allowed, except at Frontier’s sole discretion. Frontier reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Contest Entities have not made and are not making, and Contest Entities are not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, or regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize or any components thereto.

In the event that no entries are received, no prizes will be awarded. Subject to the above provisions regarding prize substitutions, if there are at least 10 submissions in compliance with these Rules, all prizes will be awarded.


8. TAXES:

RECEIPT OF PRIZES TO POTENTIAL WINNERS/WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO FRONTIER ALL DOCUMENTATION REQUESTED BY FRONTIER TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL AND FOREIGN TAX REPORTING AND WITHHOLDING REQUIREMENTS. THIS MAY REQUIRE THE SUBMISSION OF WINNER SOCIAL SECURITY NUMBERS FOR TAX REPORTING PURPOSES. ALL PRIZES WILL BE NET OF ANY TAXES FRONTIER IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS, REGARDLESS OF WHETHER TAXES HAVE BEEN SO WITHHELD.

In order to receive a prize, potential winners may be required to submit the tax documentation requested by Frontier or otherwise required by applicable law, to Frontier or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winners are responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Frontier may, in its sole discretion, select an alternative potential winner.

9. GENERAL CONDITIONS:

All federal, state, provincial and local laws and regulations apply. Frontier reserves the right to disqualify any Entrant from the Contest if, in Frontier’ sole discretion, it believes that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants, viewers, Frontier or the Judges.

10. INTELLECTUAL PROPERTY RIGHTS:

As between Frontier and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in the contents of their entry (with the exception of Frontier Game characters, designs or in-game content, which will remain the property of Frontier or its licensors). Entrants are responsible for securing proper intellectual property protections. Frontier will not assume ownership responsibility. Entrants are responsible for ensuring they are not infringing on the intellectual property rights of another individual or entity. As a condition of entry, Entrant grants Frontier, its subsidiaries, agents and partner companies, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display contents of the entries where applicable: (1) for the purposes of allowing Frontier and the Judges to evaluate the entries for purposes of the Contest, and (2) in connection with advertising and promotion to the public or other groups, including, but not limited to, the right to make screenshots, animations and Photo montages available for future advertising and promotional purposes.

11. PRIVACY:

Entrant acknowledges and agrees that Frontier may collect, store, share and otherwise use any personally identifiable information provided to Frontier throughout the Contest, including, but not limited to, name, mailing address, phone number and email address. Frontier will use this information in accordance with its Privacy Policy located at https://www.frontier.co.uk/privacy-policy, including without limitation for administering the Contest and verifying an Entrant’s identity, age, postal address, email address, relevant social media username and telephone number in the event an entry qualifies for a prize and for marketing purposes as permitted by law.

Where within the Frontier Privacy Policy noted above and within the EU GDPR Compliancy Policy, Entrant’s information may also be transferred to countries outside the country of their residence, including the United States. Such other countries may not have privacy laws and regulations similar to, or deemed adequate by, those of the country of Entrant's residence. Entrant has the right to request access, review, rectification or deletion of any personal data held by Frontier in connection with the Contest by writing to Frontier at the postal address provided.

12. PUBLICITY:

By accepting a prize, Entrant agrees to Frontier and its agencies use of his or her name and/or likeness, contents of entry (where applicable) for advertising and promotional purposes of the Contest without additional compensation, unless prohibited by law. As described in section 7, Entrants may be asked to complete a publicity release.


13. WARRANTY AND INDEMNITY:

To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified Contest Entities, Facebook, Twitter, Instagram or any other relevant Social Media platform or platform owner at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any representation or warranty set forth herein. To the maximum extent permitted by law, each Entrant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all injuries, losses, liabilities, damages of any kind to persons or property, including death, costs and expenses (including reasonable attorney’s fees) arising out of or accruing in whole or in part, directly or indirectly from entrant’s participation in the Contest or any Contest-related activity or (a) any entry or other material uploaded or otherwise provided by the Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Entrant in connection with the Contest; (c) any non-compliance by the Entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the Entrant’s involvement with the Contest; (e) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site; (g) any error in the collection, processing or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.

14. ELIMINATION:

Any false or incorrect information provided within the context of the Contest by any Entrant concerning identity, age, mailing address, telephone number, email address, ownership of right, or non-compliance with these Rules, or the like, may result in the immediate elimination of the Entrant from the Contest.

15. INTERNET AND OTHER TECHNICAL ISSUES:

Contest Entities are not responsible for any malfunction or for any late, lost, damaged, misdirected, incomplete, undeliverable or destroyed entries due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an Entrant’s ability to participate.

16. RIGHT TO CANCEL, MODIFY OR DISQUALIFY:

If for any reason the Contest is not capable of running as sponsor intended, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Frontier reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Contest and if terminated, Frontier may elect to determine the potential winners for the Contest from among all eligible Entrants received prior to action taken using the judging criteria specified above. Frontier further reserves the right to disqualify any Entrant who violates these Rules or tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an Entrant to deliberately damage any website, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Frontier reserves the right to seek any and all remedies available from any such Entrant to the fullest extent of the applicable law.

17. NOT AN OFFER OR CONTRACT OF EMPLOYMENT:

Under no circumstances shall the submission of an Entry into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either Frontier, or the Contest Entities. Entrants acknowledge that entries have been submitted voluntarily and not in confidence or in trust. Entrant acknowledges that no confidential, fiduciary, agency, or other relationship, or implied-in-fact contract now exists between Entrant and Frontier or the Contest Entities and that no such relationship is established by Entrant’s submission of an entry under these Rules.

18. LIMITATION OF LIABILITY:

Frontier is not responsible for: (a) lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, or illegible garbled entries, Instagram posts or comments, or entries, Instagram posts or comments received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Contest; or (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Contest or the processing of entries. Entrants agree that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Contest (but not the development of the entry) but in no event attorneys’ fees; and Entrants waive all rights to claim any punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

19. FORUM AND RECOURSE TO JUDICIAL PROCEDURES:

This Agreement shall be governed by and construed in accordance with English law as applied to contracts executed and performed entirely within England by parties located entirely within England and the parties submit to the exclusive jurisdiction of the courts of England and Wales. Any litigation or other dispute with respect to this Agreement will take place in England. The parties consent to personal jurisdiction of and venue in the courts within or having jurisdiction over such country and waive any objection they might otherwise have had on the basis of the doctrine of forum non conveniens.

20. DISPUTES:
By entering the Contest, Entrant agrees that all disputes between Entrant and Frontier of whatsoever kind or nature arising out of these Rules, shall be subject to Frontier’s standard Terms of Service available at https://www.frontier.co.uk/terms-and-conditions

21. WINNERS’ LIST:
You may request a list of winners provided for up to Thirty (30) Days following the conclusion of the Competition Period on written request to the PROMOTER’s registered office marked for the attention of the Marketing Department.
 
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