Please read these Terms and Conditions (“Terms”) before participating in the “Dragon City’s 11th Birthday FanCake Contest” (“Challenge”). Participation in the Challenge constitutes participant's full and unconditional agreement to and acceptance of these Terms and represents that participant satisfies all of the requirements set forth below. This Challenge is organized by Social Point S.L. (“Sponsor”), a wholly owned subsidiary of Take-Two Interactive Software, Inc. Sponsor’s address is Calle Llacuna 166, Planta 10, 08018 Barcelona, Spain.
1. How to Participate. To participate in the Challenge, you must create a unique birthday cake design based on the Game (as defined below) by either: (i) creating a digital or physical drawing of the birthday cake design; or (ii) taking a picture of a real cake or another baked good decorated in the style of the Game using any dragon(s) that is/are currently available in the free mobile game entitled Dragon City (“Game”), and send the design to the following email: email@example.com (“Submission”). To be eligible the Submission must follow the Submission Guidelines and Content Restrictions listed in Section 5 of these Terms. Sponsor reserves the right to cancel or modify this Challenge in its sole discretion.
By entering, each entrant warrants and represents the following with respect to his/her Submission: (a) entrant is the sole and exclusive owner of all aspects of the Submission, apart from any of Sponsor’s intellectual property, including copyrights, trademarks, names, logos, designs, artwork, publicity rights and characters (collectively, “Sponsor IP”), which may only be used pursuant to the limited license described more fully herein; (b) apart from any included Sponsor IP, the Submission is entrant’s own creation; (c) the Submission will not infringe on any rights of any third party, including but not limited to copyright, trademark, privacy, publicity and/or any other intellectual property right and will not include the name, photo, or likeness of any third parties; (d) the Submission complies with the Guidelines and Restrictions (defined below); and (e) the Submission has not been submitted previously in a contest of any kind, won any kind of award and/or been exhibited or displayed publicly through any means.
2. Eligibility. Open only to legal residents of any of the territories in which the Game is made available (“Eligible Countries”), who are at least 18 years of age as of the date of the Challenge. Employees, officers and directors of Sponsor and its parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of materials used in connection with the Challenge and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to participate in the Challenge. Limit of one (1) entry per participant. Any additional Submissions submitted to the Challenge in excess of this limit may result in all Submissions being disqualified from the Challenge. All federal, provincial, state and local laws and regulations apply.
3. Start/End Dates. The Challenge begins at 12:00:01 PM CET on 4 May 2023 and ends at 11:59:59 AM CET on 30 May 2023. (“Challenge Period”). Sponsor’s computer is the official time-keeping device for the Challenge.
4. Determining the Winners. On or about 13 June 2023, Sponsor shall review all eligible Submissions. Sponsor will select ten (10) winners based on the following judging criteria: (i) originality of the Submission; (ii) creativity of the Submission; and (iii) how well the “birthday” theme has been incorporated in the Submission. Subject to verification and compliance with these Terms, the ten (10) highest scoring Submissions shall be designated as the winners. In the event of a tie, all tied entries will be re-judged by an additional judge selected by Sponsor, who will break the tie using the judging criteria. Sponsor’s and judges’ decisions are final and binding in all matters relating to this Challenge, including, but not limited to, the interpretation and application of these Terms. By entering the Challenge, participants fully and unconditionally agree to be bound by these Terms and the decisions of the Sponsor and the judges, which will be final and binding in all matters relating to the Challenge.
5. Submission Guidelines and Content Restrictions: By entering the Challenge, each entrant agrees that his or her Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Challenge if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
- The Submission must be submitted to the email address detailed above and the design must be attached to the email in a .jpg or .png file format.
- The Submission cannot have been submitted previously in a promotion of any kind, won any award or been exhibited or displayed publicly through any means.
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- The Submission must not disparage Sponsor, any other person or party;
- The Submission must not contain brand names or trademarks of any entity other than the Sponsor IP, which entrant has a limited license to use for the sole purpose of creating a Submission in this Challenge;
- The Submission must not contain footage, images or artwork not created by entrant or owned by Sponsor;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of England and Wales or any jurisdiction where Submission is created.
- The Submission must not contain any virus, worm, time bomb, trojan horse, or other instrumentality, contamination or device that will cause any component of the Sponsor’s computer systems or devices to be erased, corrupted or become inoperable or incapable of processing or affect operations of any other systems.
Entrants acknowledge that other entrants may have used ideas and/or concepts in their Submission that may have similarities to ideas or concepts included in entrant’s Submission, and entrants understand and agree that they shall not in any way be entitled to any compensation because of any such similarities.
6. Sponsor IP. Sponsor grants eligible entrants a limited, revocable, non-sublicensable, license to use Sponsor’s IP for the sole purpose of creating and submitting the Submission for review and assessment in this Challenge. Entrants are not permitted to make any further use of Sponsor’s IP for any purpose whatsoever. In addition, entrants recognize that all right, title, and interest in Sponsor’s IP as well as all derivative works created using Sponsor’s IP shall vest exclusively to the Sponsor (as applicable), and entrant agrees that he/she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Sponsor’s IP except for the limited license granted to entrant in these Terms is transferred or created. Each entrant further acknowledges and agrees that Sponsor’s IP rights are valid and enforceable, and that entrant shall do nothing to challenge the validity or enforceability of Sponsor’s IP in any forum. Entrants agree that the use of Sponsor’s IP is permitted only for the purpose of making a Submission for entry in this Challenge, and that any use of Sponsor’s IP (whether in the Submission or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.
7. Assignment of Rights. By sending a Submission to Sponsor, whether ultimately considered to be eligible or ineligible, each entrant hereby assigns to Sponsor, its successors and assigns, all right, title and interest in and to the Submission, including all copyrights, patents, trade secrets, and other proprietary rights therein (including renewals thereof), provided that to the extent that any jurisdiction does not recognize this contractual transfer of such rights, each entrant hereby grants Sponsor an irrevocable, unconditional, perpetual, exclusive, transferable, sublicensable worldwide license to copy, reproduce, modify, distribute, publicly perform, make publicly accessible, create derivative works of, use and otherwise exploit such Submission and any derivative works thereof, each in whole or in part, for any purpose whatsoever. Each entrant irrevocably and unconditionally waives and agrees never to assert any moral rights in the Submissions that may be attributed to them (provided that, if under any applicable law the foregoing waiver is not effective, the entrant hereby undertakes and agrees to exercise such rights reasonably and in a way that will not have a material adverse effect upon Sponsor and/or any of its products or services, including, without limitation, the Game). Entrants are not permitted to make any further use of a Submission for any purpose whatsoever. Irrespective of Sponsor’s rights in the Submissions as set out above, each entrant acknowledges and agrees that Sponsor may publicly post any Submission it receives on any of Sponsor’s social media channels at any time.
8. Independently Developed Submissions. Each entrant understands and agrees that Sponsor’s use in matters independently developed of material similar to or identical with the Submission or containing features or elements similar to or identical with those contained in the Submission will not obligate Sponsor to negotiate with entrant, nor will it entitle entrants to any compensation of any kind. Each entrant agrees and acknowledges that nothing herein shall preclude Sponsor from using any material in or similar to the Submission without obligation to entrant.
9. Reward(s). The winners of the Challenge will each have the following in-Game items credited to their in-Game User ID: (i) the winner with the highest scoring Submission will receive fifty (50) in-Game Decorations known as “Redemption Insignias” to use solely in the Game (the “Insignia Reward”); (ii) the four (4) winners with the second, third, fourth and fifth highest scoring Submissions will each receive twenty five (25) Redemption Insignias; and (iii) the five (5) winners with the sixth, seventh, eighth, ninth and tenth highest scoring Submissions will each receive ten (10) Redemption Insignias (together, the “Reward”). The Reward will be claimable by each winner in-Game using the in-Game User ID (notified to Sponsor in accordance with Section 11) via a pop-up once the winners have been announced by Sponsor. The Reward has no monetary value, may not be used outside of the Game and must only be used in accordance with Sponsor’s EULA, located at www.take2games.com/EULA. The Reward is non-transferable. No substitutions or cash redemptions. In the case of unavailability of a Reward, Sponsor reserves the right to substitute a Reward of equal or greater value. Any tax obligations (if any) are the responsibility of the winner.
10. Notification. The winners will be notified via email to the email address they used to enter the Challenge. In order to redeem their Reward, the winners will need to provide Sponsor with their in-Game User ID. The winners may be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) and assignment of the winner’s rights and title in the Submission (“Assignment”) within five (5) days of notification. If any winner is considered a minor in their country of residence, the Affidavit and Assignment must be signed by their parent or legal guardian. If any winner cannot be contacted or does not provide their User ID within five (5) calendar days of first notification attempt, if any Reward or Reward notification is returned as undeliverable, if any winner rejects their Reward or in the event of noncompliance with these Terms, such Reward will be forfeited and may be awarded to the Submission with the next highest score. Upon Reward forfeiture, no compensation will be given.
11. Conditions. Any and all federal, state and local taxes (if any) are the sole responsibility of each winner. Any personal data submitted to, or collected by, Sponsor in connection with the Challenge will be processed by Sponsor and/or data processors appointed by Sponsor for the purposes of conducting, administering and marketing the Challenge. Each participant understands that Sponsor has a valid legitimate interest in processing such personal data for these purposes and that Sponsor’s legitimate interests are not outweighed by such participant’s own interests or fundamental rights and freedoms. As such, each winner understands that Sponsor shall be entitled to use such winner’s name, address (city and state and country), likeness, photograph, picture, portrait, voice, biographical information, submission (if any) and/or any statements made by such winner regarding the Challenge, Game, or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.
By participating in the Challenge, participants agree to release and hold harmless Sponsor, and its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Challenge, or possession, acceptance and/or use or misuse of the Reward or participation in any Challenge-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Participants who do not comply with these Terms, or who attempt to interfere with this Challenge in any way shall be disqualified. Sponsor is not responsible if the Challenge cannot take place or if any Reward cannot be awarded due to delays or interruptions due to natural disasters, weather, pandemics, acts of war, acts of terrorism, or any other reason beyond Sponsor’s reasonable control.
12. Additional Terms. Any attempted form of participation other than as set forth in Section 1 above is prohibited. No automatic, programmed, robotic or similar means of participation are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of participation information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed device transmissions which may limit one’s ability to enter the Challenge, including any injury or damage to participant’s or any other person’s device relating to or resulting from participating in this Challenge or downloading any materials in connection with this Challenge. In such case, Sponsor may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Challenge should (in its sole discretion) any virus, bugs, non-authorized human intervention, fraud or other cause beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Challenge. Sponsor reserves the right, at its sole discretion, to disqualify any participant it determines, in its sole discretion, to be tampering with the participation process or the operation of the Challenge or Game. The Sponsor may prohibit any participant from participating in the Challenge or winning the Reward if, in its sole discretion, it determines that such participant is attempting to undermine the legitimate operation of the Challenge by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE THE GAME OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
13. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY PARTICIPANT’S ACCESS TO AND USE OF THE GAME OR ANY WEBSITE OR SERVICE ASSOCIATED WITH THIS CHALLENGE AND/OR PARTICIPATION IN THE CHALLENGE, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CHALLENGE. WITHOUT LIMITING THE FOREGOING, THIS CHALLENGE AND ALL REWARDS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL PARTICIPANTS OR SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE NOT ENFORCEABLE UNDER APPLICALBE LAW, THE AFFECTED LIMITATION OR EXCLUSION OF LIABILITY SHALL BE DEEMED OMITTED FROM THESE TERMS AND SHALL IN NO WAY AFFECT THE LEGALITY, VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS. EACH PARTICIPANT SHOULD CHECK THEIR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
14. Disputes; Governing Law. Participants resident in the United States of America hereby waive all rights to trial in any action or proceeding instituted in connection with these Terms, including, without limitation, the Challenge and hereby agree that any controversy or claim arising out of or relating to these Terms and/or the Challenge shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
For Participants who are not resident in the United States of America and/or for any matters which are not subject to arbitration as set forth in these Terms and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms and/or the Challenge, except where prohibited by law, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of each participant and the Sponsor in connection with this Challenge, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof.
16. The Winners. To obtain the announcement of the winners, send a self-addressed, stamped envelope by 27 June 2023 to Sponsor using the contact details set out below and include the following reference Dragon City’s 11th Birthday FanCake Contest Winners’ Announcement Request. Canadian residents may omit return postage.
Sponsor: Social Point S.L., a wholly owned subsidiary of Take-Two Interactive Software, Inc. The Sponsor’s address is Social Point S.L., Calle Llacuna 166, Planta 10, 08018 Barcelona, Spain.