1. General Provisions
“Rules” means this document published on 4game.com, containing Contest standard terms and conditions and requirements for the Contestants, including all annexes, additions and changes thereto.
“Contest” means a promotional event (in the form of drawing, competition, contest, tournament or other type of event, including any combination thereof) aimed at drawing attention to the Game and/or the Promoter. Contest is not a lottery or other risk-related event. No fee for participation in the Contest will be charged.
“Game” means online game published on 4game Service and available through the Internet. The Game is specified in the relevant Contest Special Terms and Conditions. The Promoter has an exclusive license over the Game within the territory of Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Republic of Macedonia, Malta, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom, Vatican City (the “Territory”).
“Prize” means an award established by the applicable Contest Special Terms and Conditions. Prize can be represented as (but not limited to) an in-game item or enhancement, or bonuses of 4game.com Service, etc.
“Promoter” means Innova Co. SARL, duly incorporated and validly existing under the laws of the Grand Duchy of Luxembourg. Mail address: 16 Rue Erasme, L-1468 Luxembourg, E-mail: email@example.com.
“Contestant” means a fully capable person of the age specified in clause 2.4., holding necessary and sufficient power for the acquisition and exercise granted rights, and perform necessary actions provided by the Rules.
“Winner” means a Contestant fully exercised the Contest requirements sufficient for the Winner announced in the manner prescribed by the Rules.
1.2. Time and venue of the relevant Contest, ways of informing about the Contest and its results, as well as other essential conditions of the particular Contest shall be contained in the special rules of such Contest (“Contest Special Terms and Conditions”).
1.3. Prior to taking part in any Contest, the person shall read these Rules and any applicable Contest Special Terms and Conditions.
1.4. The Promoter reserves the right in its sole discretion to restrict the number of applications for participation in the Contest, the dates of the Contest, the number of Prizes, etc.
2. Participation in Contest
2.1. The following persons shall not participate in the Contest: (a) employees of the Promoter and individuals representing the Promoter, as well as their family members; (b) employees and representatives of the third parties having a contractual relationship with the Promoter and associated with the organization and/or holding of the Contest, as well as their family members.
2.2. Participation in the Contest is not binding.
2.3. Each Contestant shall:
• Become familiar with these Rules and conform to the Rules;
• shall provide reliable and true data and information about himself/herself in the manner established in these Rules;
• shall inform the Promoter in case of his/her name change during the Contest;
• shall have the right to abstain from or do not participate in the Contest;
• in the event of being recognized as the Winner, shall provide the documents stipulated by Clause 3.10. hereof, as well as sign the documents required to obtain the Prize, if required;
• shall not transfer and/or otherwise assign its rights related to participation in the Contest to a third party (parties);
• confirms that participation in the Contest and any acts provided for by these Rules, do not violate any third party rights, including intellectual property rights, as well as moral rights of third parties;
• completely agrees with the terms of receiving the Prize, including as a member of the Contestants team (if applicable under the relevant Contest Special Terms and Conditions).
2.3. The Contestant acts personally under his/her own behalf voluntarily and on his/her own.
2.4. By participating in the Contest, the Contestant agrees and acknowledges that he/she:
• has read, understood and fully agrees with these Rules, and will comply with them;
• he/she at least 18 years old;
• permanently resides and/or is located in the territory of a given country, if the Contest is for permanent residents and/or persons located in a given country in the cases specified in applicable Contest Special Terms and Conditions. Unless otherwise provided by applicable Contest Special Terms and Conditions, participation in the Contest shall be permitted only to residents and/or persons located in the Territory;
• clearly understands the conditions and consequences of his/her actions and the relevant provisions set out in these Rules.
2.5. Unless otherwise provided by applicable Contest Special Terms and Conditions, participation in a particular Contest is allowed only once.
2.6. The Contestant shall independently and at his/her own expense pay all costs associated with the participation in the Contest, including the costs of communication services, including but not limited to services of Internet providers, transportation costs and all other expenses that may be incurred by the Contestant (including the Winner).
2.7. If participation in the Contest involves the creation of result of intellectual activity by the Contestant (hereinafter — the “Result”), this Result shall meet the following requirements:
• the Result shall comply with the theme, style, spirit, atmosphere of the Game (if the Result is associated with the Game);
• the Result shall be original, i.e. previously unpublished;
• the Contestant shall be the author of the Result (co-author of the Result, if a group of authors — Promo Contestants — takes part in the Contest);
• creation of the Result does not infringe the rights of the third parties, including intellectual property rights of the third parties;
• transfer of the Result to participate in the Contest and granting the rights to use the Result to the Promoter, in accordance with these Rules shall not infringe the rights of third parties, including intellectual property rights of third parties;
• the Result shall not violate any requirements of applicable laws, and the Result shall not contain advertising information;
• the Result shall not, directly or indirectly, promote pornography sites, drugs and resources containing such information. The Result shall not contain without limitation (1) pornographic images of minors, and (or) announcements about engaging minors as performers in entertainment events of a pornographic nature, (2) information on the ways and methods for development, manufacture and use of narcotic drugs, psychotropic substances and their precursors, places of purchase of such substances and their precursors, methods and places of cultivation of narcotic plants, (3) information on the ways to commit suicide, as well as appeals to commit suicide;
• the Result shall not contain obscene words, calls for violence, incitement of national, religious, social, racial hatred;
• the Result shall not contain non-constructive criticism of the Game and/or its right holder, or the Promoter;
• the Contestant (a team of Contestants) hereby allows posting and using the Result as part of the website(s) of the Promoter by making available to the public through the Internet, without any additional payment by the Promoter, to inform on the Contest progress and its results.
• the Results that do not meet one or more of the above requirements shall not be considered by the Promoter. a person submitting the Result in violation of one or more of the above requirements shall not become (cease to be) a Contestant.
2.8. In the event the Promoter becomes aware of the fact that (1) any requirements to the Result are violated, or (2) not all of coauthors who participated in the creation of the Result are declared as members of the team of Contestants, or (3) a Contestant from the team (if the team is supposed to participate) declares its opposition to participate in the Contest, or (4) a Promo Contestant provided inaccurate and/or incomplete data about the Contestant, including information on composition of the team, the Promoter shall have the right to exclude the team of Contestants (or the Contestant, if he/she is the sole author of the Result) from the Contest until the date of announcement of the Winner. If such facts are discovered after the date of announcement of the Winner, the Promoter shall be entitled to cancel the results of the Contest and claim damages from the team of the Promo Contestants (Promo Contestant). All members in the team of the Promo Contestants shall be jointly and severally liable for reimbursement the Promoter for damages. Notice of exclusion from the Contest shall be sent by the Promoter via e-mail to the address specified by the Promo Contestant at registration.
2.9. It’s the Promo Contestants’ obligation to provide documentary evidence to contradict the facts set forth in Clause 2.8. hereof which caused the exclusion of the team of the Contestants (a Contestant) from participating in the Contest. Such documentary evidence may be provided in the form of legalized/notarized copies of relevant documents and/or originals that shall be sent to the Promoter at the address specified in Clause 1.1. hereof.
If the documents provided do not resolve the doubts of the Promoter, the Promoter may reject such person’s application to participate in the Contest by sending a reasoned refusal to the return mailing address.
Provision of documentary evidence after the date of announcement of the Winner shall not oblige the Promoter to reconsider the results of the Contest.
2.10. By participating in the Contest, the person confirms his/her complete acceptance of these Rules, and by participating in the Contest the person does not violate these Rules, including:
• has all the necessary powers and rights to participate in the Contest and to submit the Result to participate in the Contest;
• the Result meets the requirements established by these Rules;
• data provided by him/her under these Rules is complete and accurate;
• he/she grants to the Promoter the worldwide royalty-free license (right of use) to the Result for the duration of the exclusive rights, including making available to the public, reproduction, public performance, inclusion in the complex object, and also affirms its consent to the use of fragments of the Result’s text by the above methods and to attach visuals, commentaries, sound, background to them worldwide free of charge;
• acknowledges and agrees to making the Result available to the public by the first time by the Promoter within demonstration of Contestants’ works, if such submission is provided for by applicable Contest Special Terms and Conditions.
3. Determining the Winner. Awarding Prizes
3.1. The Winner (Winners) of the Contest shall be determined on the basis of criteria indicated by the Promoter in these Rules and applicable Contest Special Terms and Conditions. Compliance with the criteria shall be determined by the Promoter at its own discretion according to its subjective opinion, which cannot be challenged.
3.2. The Promoter determines the specifications, model and monetary value of Prizes and other parameters of Prizes at its own discretion.
Any image of the Prize used by the Promoter to inform about the Contest shall be for illustrative purposes only. Actual Prize may differ from the one shown in the photo, including, inter alia, the model, specifications, color, design, packaging and other parameters.
3.3. The Winner shall be responsible for use of the Prize. The Promoter shall not accept any representations, warranties, or any other conditions relating to the Prize, except those specifically provided for in the Rules. As between the Promoter and any other party, no further terms and conditions concerning any Prize shall apply, including, inter alia, suitability, reliability, satisfactory quality or fitness for a particular purpose, nor any other implied terms.
3.4. The prize pool shall be formed at the expense of the Promoter.
3.5. Unless otherwise specifically stated by the Promoter, the Winner of the Contest shall further contact the Promoter via e-mail or otherwise as specified by the Promoter to agree on the time and place of taking the Prize within 20 (twenty) days from the date of posting information about him/her as a Winner.
The Promoter shall also contact the Winner via e-mail and communicate the method and procedure for obtaining the Prize. The procedure and method, the date, time and place of receiving the Prize, as well as evaluation of completeness, accuracy, timeliness and correctness of all information provided by the Promo Contestant shall be determined by the Promoter independently in its sole discretion, and shall be its exclusive competence.
3.6. If for any reason the Winner fails to use the Prize or to receive it on the day of delivery, or refuses to accept the Prize, the Prize shall be deemed received.
3.7. The Winner on his/her own and at his/her own expense shall pay all taxes, fees, duties and charges provided for by applicable laws, and also resolve all other issues related to the Prize.
3.8. Replacing the Prize with monetary compensation is not provided for by these Rules, nor the Promoter shall do this. In case of loss of the Prize by the Contestant the Prize cannot be restored.
3.9. In the event the Winner refuses to accept the Prize and/or fails to take advantage of the right to receive it in the manner established by the Promoter, the Promoter shall be entitled to dispose of the Prize in its sole discretion. In the event the victory in the Contest is awarded to a team of Contestants, only one Prize is awarded to a whole team of Contestants and may only be given to all Contestants of the winning team. All team members shall be personally present at the Prize award.
For tax purposes, the value of the Prize (Prizes) shall be allocated between all the Winners — team members in equal parts.
3.10. The Prize may be awarded to the Winner after personal submission by the Winner (all Winners — Team Members) of the documents specified by the Promoter in special rules of a particular Contest and/or subject to other actions envisaged by such rules. In case of failure to provide the said documents, the Winner shall be deemed to have refused receipt of the Prize.
The Winner shall have the right to opt out of receiving any or all Prizes.
3.11. If the Winner of the Contest fails to apply for receipt of the Prizes within the period specified in Clause 3.5. hereof, he/she is deemed to have refused receipt of the Prize.
3.12. In the event the documents submitted by the Winner raise doubts as to their reliability and authenticity, the Promoter reserves the right to verify their compliance with the established requirements and not to transfer the Prize until obtaining verification results.
3.13. In case the Promoter finds that documents, information and data (including at provision of registration data and applying for taking the Prize) are invalid and/or unauthentic, as well as in case of non-compliance with the terms and conditions of the Contest, the awarded Prize shall not be transferred to the Winner.
4. Final provisions
4.1. The Promoter reserves the right to supplement or otherwise amend (change) the Rules and notified the Contestants on such changes via 4game.com or other web-sites specified in Contest Special Terms and Conditions. New Rules edition will be available instead of the current version.
4.2. The Promoter shall not be liable for failure to deliver the awarded Prize, if the Contestant failed to provide data and information specified in these Rules, or provided inaccurate/false data and information, or refused to accept the awarded Prize, failed to collect or pick up the awarded Prize in the manner prescribed by these Rules. All unclaimed Prizes shall be kept by the Promoter within the time specified by these Rules for awarding the Winners.
4.3. The Promoter shall enter into correspondence, negotiations or other contacts with Contestants and Winners in cases expressly provided for by these Rules and/or applicable laws.
4.4. In case of any error, misunderstanding, misinterpretation or any other dispute regarding the whole Contest or any part thereof and/or these Rules, the decision of the Promoter shall be final an appeal. However, in case any dispute to be considered by the court, such dispute shall be referred to the courts of Luxembourg, at the location of the Promoter (including disputes on compensation for damages caused to the Promoter by a person who took part in the Contest because of his/her violation).