Below, you’ll find legal documentation for all Wargaming.net products & services.
PREAMBLE
A. THESE CONTEST RULES (“CONTEST RULES”) ESTABLISH THE GENERAL TERMS AND CONDITIONS FOR THIS TANK FESTIVAL 2019 CONTEST (“CONTEST”) FOR PLAYERS OF THE MASSIVELY MULTYPLAYER ONLINE GAME “WORLD OF TANKS” PLAYING ON EU GAME CLUSTER (EUROPE), NA GAME CLUSTER (THE AMERICAS) OR ASIA GAME CLUSTER (ASIA-PACIFIC). THE CONTEST RULES CONSIST OF GENERAL CONTEST RULES (PART A) AND SPECIFIC CONTEST RULES (PART B).
B. NO ADDITIONAL PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
C. THIS CONTEST IS OPEN TO INDIVIDUALS WHO ARE OR AGE OF MAJORITY UNDER THE LAW OF THEIR STATE OF RESIDENCE. INDIVIDUALS WHO ARE UNDER THE AGE OF MAJORITY MAY PARTICIPATE ONLY IF THE PARENTS OR GUARDIANS OF THIS INDIVIDUAL CONSENT TO HIS/HER PARTICIPATION IN THE CONTEST ON THE TERMS ESTABLISHED BY THESE RULES.
GENERAL CONTEST RULES
Part A
1. Sponsor
This Contest – “Tank Festival 2019” is organized by Wargaming Group Limited, (the ““Sponsor“”), 105 Agion Omologiton Avenue Nicosia 1080 Cyprus.
2. Eligibility
(a) Participation in this Contest is open only to individuals who enter in accordance with these Contest Rules.
(b) Notwithstanding the foregoing, the following persons are NOT ELIGIBLE to participate in this Campaign: (i) employees of the Sponsor, its directors and agents (collectively – ““Sponsor Parties“”); (ii) parents, spouses, children, brothers and sisters of Sponsor Parties; and (iii) individuals living in the same household as Sponsor Parties.
(c) Each Participant is responsible for providing accurate information as to his/her name, age, and email or physical address, if such information is requested. Individuals that provide information to be incomplete, false or deceptive, will be ineligible to participate or (if they have already participated) to win the Contest.
(d) If an individual is under the age of majority, this individual may participate in the Contest only if the parents or guardians of this individual consent to his/her participation in the Contest on the terms established by these Rules. The Sponsor can request written confirmation of such consent at any time. If such confirmation is not presented upon Sponsor’s request by the individual participating/wishing to participate in the Contest, the Sponsor has the right to disqualify this individual.
3. Excluded from Participation
Submissions for participation or any other content provided by the Participant in or in course of a Contest that are considered offensive or defamatory or in violation of any person’s right to privacy or other personal rights are not welcome. Submissions or content provided by the Participant may not include: (a) profanity or nudity; (b) false or defamatory statements about any person or any third party; (c) third party trademarks which suggest affiliation with any trademark owner without permission of such owner or that dilute the value of any trademark; (d) obscene, indecent, violent, sexually explicit, abusive, discriminatory, racially inflammatory or other morally or legally objectionable depictions of material. If a submission or content provided by the Participant includes any of the prohibited elements listed above, the Participant will be excluded from the Contest.
4. Claiming a Prize
The Prize winners will be notified through the social media, websites, forums and/or e-mail. Regulations for granting the prizes are set out in the specific part of these Contest Rules, Part B.
Sponsor reserves the right to substitute a prize or any part thereof with a prize or element of equal or greater value in its sole discretion. If a Prize winner is not in compliance with these Contest Rules, this Prize winner will be disqualified.
5. License
By entering this Contest, each Participant grants to Sponsor and its partners and licensees (if any) the irrevocable, perpetual, royalty-free, non-exclusive, transferable and sublicensable right and license to use, display, copy, edit, modify, create derivative works of, publish, distribute and otherwise exploit the content of, and elements embodied in, his/her entries or submissions provided to Sponsor and/or its partners in the course of this Contest in any and all media, including but not limited to digital and electronic media, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, in any broadcast outlet and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further approval or consideration.
6. Grant of Rights with respect to Participants
By accepting these Contest Rules, each Participant grants Sponsor and its licensees the right to use the Participant’s name, image, likeness, photograph and/or Prize information, and/or any portion of any of the foregoing, for promotional, advertising and/or publicity purposes with respect to the Content in any media, throughout the world and in perpetuity, without compensation or notice to, or with further consent of, the Participant.
7. Waiver and Release of Liability by Participant
(a) The liability of the Sponsor and/or Sponsor Parties is unlimited for damages arising out of death, injury to body or health based as well as for damages that arouse from the lack of a guaranteed characteristic or in case of fraudulent intent.
(b) The liability of Sponsor and/or Sponsor Parties is unlimited for damages caused by the Sponsor or Sponsor Parties by intent or gross negligence.
(c) In case of a slight negligent breach of a contractual core duty Sponsor and/or Sponsor Parties shall, except in the cases pursuant to clause 7 (a) and 7 (d), only be liable to the amount of the typically foreseeable damage. Contractual core duties abstractly are such duties whose accomplishment enables proper fulfilment of the contract in the first place and whose fulfilment a contractual party regularly may rely on.
(d) Liability stipulated by applicable law remains unaffected.
(e) The limitation period for claims for damages shall be one (1) year, except in case of clause 7 (a), 7 (b) and 7 (d) where the statutory statute of limitations shall apply.
8. Tampering
(a) Sponsor reserves the right to disqualify and prohibit from participating any person, who is or is attempting to: (i) tamper with Sponsor’s website and/or any part of the Contest; (ii) attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other Participants or Sponsor’s Parties; and/or (iv) otherwise violating these Contest Rules or the World of Tanks End User License Agreement (EULA) of Sponsor, if applicable.
(b) ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE OR ANY OF SPONSOR’S GAMES (OR ANY PART OF EITHER) OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH PARTICIPANT (OR, IF THE PARTICIPANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS SPONSOR, SPONSOR PARTIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH PARTICIPANT’S ENTRY MATERIALS, OR THE USE THEREOF, AND/OR BY PARTICIPANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST.
9. Sponsor’s Right to Void Entry Submission and Terminate this Contest
If there is any actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Contest, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs, server errors) compromise the integrity of the Contest, the Sponsor reserves the right to void suspect submissions or content of Participants and/or terminate the Contest and award the Prize in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the Participant to automatically enter, participate or evaluate repeatedly is prohibited. In the event of a dispute as to the identity of a Participant based on an email address, the Participant may be disqualified.
10. General Terms
(a) This Contest is subject to these Contest Rules and is governed by the laws of the Republic of Cyprus. To the extent that the local law deprives the Participant of the protection afforded to him/her by provisions that cannot be derogated by virtue of the law of the country where the Participant has his/her habitual residence, the law of that country applies. The provisions of these Contest Rules do not exclude, limit or otherwise restrict the rights vested with the consumers upon relevant provisions of the applicable law nor may be construed by anyone in this way. By entering, each Participant agrees (or under the age of majority in his/her state of residence), his/her parent and/or legal guardian agrees) to comply with these Contest Rules, the World of Tanks End User License Agreement (EULA) of Sponsor, if applicable.
(b) In order to validly enter and in order to claim the Prize, Participants may be required to provide Sponsor with certain personally identifiable information such as name, residential address, email address and/or other contact and/or tax information. Such information may be used for the purposes specifically described in these Contest Rules.
(c) The invalidity or unenforceability of any provision of these Contest Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Contest Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
(d) All taxes, fees and surcharges on the Prize are the sole responsibility of the Prize winner. In the event that the selected winner of the Prize is ineligible or refuses the Prize, the Prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the Prize to another Participant in the Contest.
SPECIFIC CAMPAIGN RULES
Part B
1. Content of the Contest
Participants of the Contest can win prizes by recording and submitting their World of Tanks gameplay replays via wotreplays.eu or wotreplays.com, as described in these Rules.
The Contest is held for individuals playing on the EU cluster (Europe), NA cluster (the Americas) or ASIA cluster (Asia-Pacific) who also indicated their server in the replay submission. Participants playing on the same server shall be considered belonging to one game cluster (“Cluster”) and only compete with the Participants from the same Cluster.
2. Prizes
In each Cluster the following Prizes will be awarded to Participants (3 sets of Prize in total):
(1) 1 gaming laptop for the winner of the Contest.
(2) 9 in-game rewards (Škoda T 27 + Jan Žižka special style) – one for each of the finalists who did not become the winner.
(3) 10 in-game rewards (Škoda T 27 + Jan Žižka special style) randomly distributed among the Participants who are not finalists.
(4) An in-game reward (an emblem) for each of the Participants who has submitted an eligible replay.
The Prizes cannot be paid out in cash.
3. Contest Dates
Participants’ submissions shall be accepted from 06:30 UTC 7 August 2019 until 22:59 UTC 1 September 2019 (the “Entry Period”). The winners shall be announced not later than 9 September 2019.
4. How to participate
To participate, an eligible individual needs to do the following:
(1) Record his/her own World of Tanks gameplay in any of the following game modes: Random Battle, Frontline. To do this, in the Game client go to Settings before starting a battle. Click on the General tab, scroll down to the bottom of the screen to find the Enable Battle Recording drop-down menu and select “Last”;
(2) Find the replay file. After you’ve succeeded in battle, open the game client folder (default location: C:\Games\World_of_Tanks) and go to the “Replays” subfolder. Here you will find a recording of your most recent battle having a “.WOTREPLAY” extension. It can be renamed as necessary.
(3) Submit the replay. Go to wotreplays.eu (for players of EU Cluster) or its mirror site wotreplays.com (for players of the NA Cluster and ASIA Cluster) and use your Wargaming account to log in. On the main page, click the ‘Upload Replay’ button on the left. Enter the title and description for the replay you want to upload. The title must contain the words “Tank Festival”. Also, specify the Cluster you play on (EU, NA or ASIA) in the description field. Make sure to carefully read the rules for each field. The title and description are accepted in the English, Polish, German, French, Czech, Italian, Spanish and Turkish, Japanese, Korean or Traditional Chinese language. When all the information has been added, hit “Upload Replay”. Each Participant may submit any number of replays for participation in the Contest.
Please note that only replays recorded during the Entry Period are eligible for submission.
5. How the winners are chosen
The Sponsor together with unaffiliated Streamers and Influencers chosen by the Sponsor will choose 10 finalists for each Cluster from the Participants, based on the general performance and quality of gameplay in their submitted replays. The finalists will be announced by the Sponsor during a Twitch stream organized by the Sponsor and dedicated to the Contest, that may involve unaffiliated Streamers and/or Influencers chosen by the Sponsor and will take place not earlier than 7 September 2019 and not later than 9 September 2019. Three such streams will be held – one stream for Participants of each of the three Clusters. Precise timing of the streams will be announced on 1 September 2019 on World of Tanks official website for the respective Cluster (https://worldoftanks.eu/; https://worldoftanks.com/; https://worldoftanks.asia/) and in official World of Tanks social networks groups. This announcement may include a change of date of the stream.
The replays of the finalists of each Cluster will be demonstrated during the respective stream. During this stream anyone watching it on Twitch will be able to rate each replay on a scale from 1 to 5. The Participant whose replay receives the highest average score by the end of the stream shall be considered the winner of the Contest. All Prize winners will be announced at the end of the stream and then additionally listed on the World of Tanks official website for the respective Cluster (https://worldoftanks.eu/; https://worldoftanks.com/; https://worldoftanks.asia/) and in official World of Tanks social networks groups not later than 13 September 2019.
6. How to get the Prizes
Sponsor shall not later than 16 September 2019 contact the winners of physical Prize via email associated with their submitted replays to request information required to deliver the Prize to the winner via a third-party delivery service. The winner needs to provide his/her address and other necessary requested information in writing not later than 30 September 2019. If the winner does not provide the necessary information within this period, the Sponsor shall not liable for a delay or failure in providing the Prize.
The physical Prizes will be delivered to their winners not later than 8 December 2019.
All in-game Prizes shall be credited to their winners’ World of Tanks player accounts not later than 24 September 2019.