TERMS AND CONDITIONS
The following conditions govern the course of the “ArcheAge Lucius Motion Picture Award” (“Contest”) as organized by gamigo US Inc., 350 Marine Park Way, Redwood City, CA, 94065, USA (“Trion”).
1. Eligibility, Participants and Participation
(1) Participation in the contest is free. Participants must be at least twelve years old. If the participant is under the age of eighteen, the parent or guardian must have given their consent to participate in the competition.
(2) "Participant" means anyone who is eligible to participate pursuant to paragraph 1 and who complies with the terms and conditions of participation set forth in these General Terms and Conditions between 02.11.2020 23.59 CEST and 03.05.2020, 23.59 CEST ("Participation Period").
(3) The task of the contest is the independent creation of a ArcheAge video via Twitter (“Video”) for one of the following categories (“Category”) a. Best ArcheAge Action: showing your most action-packed experience in ArcheAge, b. Best ArcheAge Romance: showing your loving affection for ArcheAge or that special player you've been adventuring with all this time, c. Best ArcheAge Documentary: showing a part of Archeage in an informative factual way, d. Best of Freestyle: showing us any of your stories in ArcheAge.The entry (“Entry”) must be submitted via Twitter by using the hashtags depending on the category, for a. Best ArcheAge Action: #ArcheAgeAwards and #AAction, b. Best ArcheAge Romance: #ArcheAgeAwards and #AARomance, c. Best ArcheAge Documentary: #ArcheAgeAwards and #AADocu, d. Best of Freestyle: #ArcheAgeAwards and #AAFreestyle. Videos must have a maximum length of 4 minutes.
(4) There is no limit how many entries each participant may submit. Entries submitted outside of the participation period as will not be considered.
(5) Employees of Trion and companies associated with Trion, as well as relatives thereof, are allowed to participate but are excluded from receipt of any prizes.
(6) Trion may present (“Presentation”) the videos on Facebook, Twitter, Discord, Twitch.tv., Forums, Blogs and Newsletters of Trion.
2. Winners and Prizes
(1) All entries will be published on our website on 02.11.2020 8:59 AM CEST. Trion will select a total of five videos from all valid entries for each category. The winner will be determined by a public vote on our website from 02.28.2020 8:59 AM CEST until 03.05.2020 8:59 AM CEST. The video with the most votes in a category is the “winner”.
(2) Trion will inform the winners no later than 03.06.2020 8:59 AM CEST via the Twitter account used for the entry. (“Notification”). The winners will receive prizes as part of the contest announcement. Trion reserves the right to replace individual prizes with equivalent or superior prizes. The winners will be announced in various social media such as ArcheAge Discord, Twitch.tv, Twitter, Facebook, Website and Forum (“Announcement”).
(3) Trion will ask the winners in the notification to send in their full name, address and zip code in response to the announcement up to the 03.20.2020, at the latest (“Response”). Responses that Trion receives late or does not receive at all will lead to loss of entitlement to the respective prize.
(4) The prizes are considered to be handed over by Trion to the winner upon delivery to the service provider. If a prize cannot be delivered due to an incorrect address provided by the winner or refused acceptance (including unsuccessful delivery attempts due to the absence of the winner), this is at the expense of the respective winner. Trion then does not owe any further delivery attempts.
3. Rights of Use and Indemnity
(1) For the purpose of participation in the contest, Trion grants the participant the free-of-charge, non-exclusive, revocable right to use the Trion logo, the ArcheAge title, the ArcheAge characters and game content for the creation of the video.
(2) For the purposes of the presentation, the participant grants Trion the free-of-charge, non-exclusive, irrevocable right to use the respective video without limitation of time and place. This includes the rights of exploitation and reproduction, as well as the right to make the video publicly available and grant usage rights to third parties, in so far as this is necessary within the context of the presentation.
(3) By submitting their entry, the participant provides assurance that they produced the video themselves, guarantees that this does not infringe on the rights of third parties and indemnifies Trion against all claims from third parties based on the infringement of third party rights in connection with the video.
4. Data Privacy
(1) Trion will retrieve, process and use the provided personal data of each participant (this includes the full name, address and zip code provided by the winners) within the scope of the applicable legal data protection requirements and exclusively for the purposes of holding the contest (this includes the review of the right to participate and compliance with the rules as well as the announcement and the presentation).
(2) The personal data collected will be stored for the duration of the contest and then subsequently deleted once it ends. The presentation 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.
Trion, its bodies, employees, and subcontractors are liable exclusively for wilful 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.
6. Final Provisions
(1) The participant agrees to these Terms and Conditions with their entry.
(3) Should a participant infringe upon the rules during the execution of the contest, or such an infringement be proven thereafter, their eligibility to participate may be revoked.
(4) Trion reserves the right to end the contest before the end of the participation period, if for technical or legal reasons its proper execution cannot be guaranteed.
(5) The contractual relationship is governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the referral regulations of international private law. If the participant has as his usual domicile a location in another country within the European Union during the extent of the contest, the validity of the strictly applicable legal regulations of the country in question shall remain unaffected by the choice of law made in the prior sentence.
(6) In the event that any individual provisions of these Terms and Conditions become ineffective, the remaining provisions shall remain effective and binding. Statutory rules shall take the place of the ineffective provision.