WORLD OF TANKS: MERCENARIES FIFTH ANNIVERSARY GIVEAWAY TERMS AND CONDITIONS

PREFACE

  1. THESE RULES (“RULES”) ESTABLISH THE GENERAL TERMS AND CONDITIONS FOR WORLD OF TANKS: MERCENARIES FIFTH ANNIVERSARY GIVEAWAY (“EVENT”) IN THE COUNTRIES OF THE EU CLUSTER AND THE NORTH AMERICAN CLUSTER FOR PLAYERS OF WORLD OF TANKS: MERCENARIES. THE EVENT RULES CONSIST OF GENERAL RULES (PART A) AND SPECIFIC RULES (PART B). 
  2. NO ADDITIONAL PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. 
  3. THIS EVENT IS OPEN ONLY TO INDIVIDUALS (1) WHO ARE LEGAL RESIDENTS OF THE COUNTRIES LISTED IN SECTION A.
  4. TO PARTICIPATE INTERNET CONNECTION IS NEEDED.

GENERAL RULES

Part A

  1. Sponsor

This Event – “World of Tanks: Mercenaries Fifth Anniversary Giveaway” – is organized by Wargaming Group Limited, (the “Sponsor”), 105 Agion Omologiton Avenue Nicosia 1080 Cyprus, www.wargaming.net.

  1. Eligibility

(a)     Participation in this Event is open only to individuals who enter in accordance with these Rules.

(b)     Notwithstanding the foregoing, the following are NOT ELIGIBLE to participate in this Event: (i) employees, officers, directors and agents of Sponsor, Sponsor’s licensees and their respective affiliates and agents (the “Sponsor Parties”); (ii) parents, spouses, children, brothers and sisters of Sponsor Parties; and (iii) individuals living in the same household as Sponsor Parties.

(c)     All participants must be of full legal age under the law of their country of residence at the time of participation. An eligible minor should have a parent’s or legal guardian’s permission to participate. Each Participant is responsible for providing corresponding permission as well as accurate information as to his/her name, age, and email or physical address (if it is required). If an individual fails to provide or provides incomplete, incorrect or deceptive permission or information (if it is required), at the sponsor’s request, otherwise this individual will be ineligible to participate or to become a winner.

  1. Claiming a Prize

The Prize winners will be notified through the websites and/or e-mail. Regulations for granting the prizes are set out in the specific part of these 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. Under no circumstances will the Prize be substituted with monetary compensation. If a Prize winner is not in compliance with these Rules, this Prize winner will be disqualified.

  1. Grant of Rights with respect to Participants

(a)     By accepting these Rules, each Participant grants Sponsor and its licensees the right to use the Participant’s name, image/avatar and/or Prize information, and/or any portion of any of the foregoing, for promotional, advertising and/or publicity purposes with respect to the Event on the websites and in any media, throughout the world and in perpetuity, without compensation or notice to, or with further consent of, the Participant.

(b)     By accepting the Contest Rules, each Participant grants consent to the Sponsor and its affiliates and/or authorized parties to process their personal data provided to the Sponsor by any means, including collection, recording, filing, accumulation, storage, updating, elaboration, alteration, electronic copying, extraction, usage, transfer, depersonalization, cross-border transfer, blocking, erasure, destruction, for the purposes of his/her participation in the event or granting the Prize and performing fulifiling any related applicable legislative requirements.

  1. 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 arise 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 5 (a) and 5 (d), only be liable to the amount of the typically foreseeable damage. Contractual core duties abstractly are such duties whose accomplishment enables proper fulfillment of the contract in the first place and whose fulfillment 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 5 (a), 5 (b) and 5 (d) where the statutory statute of limitations shall apply.

  1. 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 Event; (ii) attempting to undermine the legitimate operation of the Event 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 Rules or the End User License Agreement (EULA) of Sponsor.

(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 EVENT 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 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 PARTICIPATION, OR THE USE THEREOF, AND/OR BY PARTICIPANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS EVENT.

  1. Sponsor’s Right to Void Entry Submission Participation and Terminate this Event

If there is any actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Event, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs, server errors) compromise the integrity of the Event, the Sponsor reserves the right to void suspect participation of Participants and/or terminate the Event. 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.

  1. General Terms

(a)     This Event is subject to these 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 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 to comply with these Rules, the End User License Agreement (EULA) of Sponsor.

(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, age, passport (ID) data, email address, other contact and/or tax information as well as provide access to the Participant’s social network page. Hereby Participant expressly agrees that Sponsor shall collect, process and disclose such information to third parties only for the purposes to check if the Participant is eligible and complies with the Rules as well as to deliver or grant the Prize to the winner. If so required, the Participant shall also provide delivery details (name, address, contact phone, email) to the Sponsor’s partner IRTechnology Limited for the purpose of delivery of the Prizes. If a Participant fails to provide or provides incomplete, incorrect or deceptive information, the Participant will be ineligible to receive the Prize.

(c)     The invalidity or unenforceability of any provision of these 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 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 Event.


SPECIFIC RULES

Part B

  1. Content of the Event

To participate in the Event a Participant should go to the portal article (https://console.worldoftanks.com/news/anniversary-giveaway), enter their name, age, and the email tied to his/her World of Tanks: Mercenaries game account, accept the Rules and proceed by clicking “PLAY THE GAME” button.

The Sponsor will send to the email address entered by the Participant a unique participation code and a link to a dedicated web page where this code can be used (the “Event Page”). At the Event Page the Participant can enter his/her participation code to have a chance to receive one of the Prizes. The winners shall be selected as set out in Section 3 below.

To participate in the Event the Participant must have an account in World of Tanks: Mercenaries.

  1. EVENT Dates

The Event will begin on February 12, 2019, 12:00 (UTC+2) and end on April 30, 2019, 18:00 (UTC+2).

Winners of the Grand Prize will be drawn by March 30, 2019.

  1. How the winners are selected

The Prize winners shall be selected automatically and randomly selected from the Participants, subject to the requirements set out in Section 5. The Participant who has entered the participation code on the Event Page will be immediately notified on this page whether he/she won and if so, what the Prize is.

One Participant may only receive one participation code and one Prize.

  1. Prizes

Prizes which will be awarded within the Event:

Grand Prize:

  • 5 trips to the World of Tanks: Mercenaries Fifth Anniversary Event, which will take place from May 8, 2019, till May 10, 2019, in Minnesota, United States. Please see a more detailed description in Section 5 below.

Other Prizes:

  • A one-of-a-kind custom PlayStation 4 created by Vadu Amka;
  • A limited-edition custom Xbox One X created by Tsuchinoko;
  • 5 World of Tanks: Mercenaries branded jackets;
  • 6 World of Tanks: Mercenaries branded backpacks;
  • 750 Mastery Badges (textile);
  • 2500 Achievement Awards (metal medal);
  • 2500 World of Tanks: Mercenaries branded bottle openers.
  1. Special terms applicable to the Grand Prize

THE GRAND PRIZES WILL ONLY BE AWARDED TO PARTICIPANTS WHO ARE RESIDENTS OF THE UNITED STATES (2 PRIZES), UNITED KINGDOM (1 PRIZE), FRANCE (1 PRIZE) OR GERMANY (1 PRIZE) AND WHO ARE AT LEAST 21 YEARS OLD.

A Grand Prize is a trip to World of Tanks: Mercenaries Fifth Anniversary Celebration, which will take place in Minnesota, United States. The Participant is not entitled to transfer the Grand Prize to any other person.

Trip dates—May 8–10, 2019*.

During the trip the Participant who has been awarded this prize will be granted for free:

  • Flight (economy class), to Minnesota, United States, from his/her place of residence—for persons living outside Minnesota**, and back;
  • Accommodation in a hotel selected by the Sponsor of the Contest, bed & breakfast (alcohol not included), (3 nights) —for persons living outside Minnesota****;
  • Transfer through Minnesota according to the agenda of the trip set by the Sponsor;
  • Assistance in obtaining a visa for the trip to United States, if necessary;
  • Participation in the World of Tanks: Mercenaries Fifth Anniversary Celebration, which includes the at least the following activities (the “Activities”): laser tag with real tanks, driving a tank, driving an armored personnel carrier, shooting a machine gun, shooting a tank ().

Any other expenses are borne by the winner and are not compensated by Sponsor.

*—dates of the trip may be changed. Sponsor will notify the winner about it in advance.

**—specific location of the departure/arrival and airline carrier are determined by the Sponsor depending on the dates of the trip, availability of tickets, and other factors specified by the Sponsor.

****—specific hotel, location of the hotel, dates, and duration of accommodation are determined by the Sponsor based on the travel of the winner, availability of suites in hotels, and other factors.

Sponsor shall not be responsible for possession by the winner of the Grand Prize of all documents required for the trip. The winning Participant shall be responsible for having all necessary documents required for the trip and not being subject to any restrictions regarding departure from the state of residence, crossing the borders of other states, including the United States.

Expenses related to visa processing, transfer to the airport of departure, and any other expenses not specified directly in these Rules shall be borne by the winner of the Grand Prize.

Additional conditions for the Activities during the celebration

Due to safety reasons, to be a driver/shooter, a Participant must be at least 5 feet tall (152.4 cm). To ride in the tank, a Participant must be at least 4 feet 6 inches (140.2 cm) tall. If a Participant’s weight is 275 pounds (124.7 kg) or more, he/she will be requested to complete a detailed sizing sheet for the participant to see if they can safely operate or ride in the vehicle. Based on this data, it may be needed may need to modify the vehicle used during the program.

It is recommended, though not obligatory, for the Participant to be examined by a health practitioner who can certify their fitness prior to participation in the Activities. It is solely the Participant’s responsibility to judge whether they are healthy enough to take part in the activities and whether to assume the risks involved.

The Activities are inherently dangerous and MAY INVOLVE THE RISK OF SERIOUS INJURY OR DEATH. All Participants must read and will be required to sign a Release of Liability before being permitted to participate. The Participant may refuse participation in the Activities, but no refund will be given.

Activities will be preceded by a safety briefing. Failure to obey safety precautions established by training personnel may result in immediate dismissal from the program Activities. In the event you are a Participant is dismissed from the program for failure to obey mandatory safety procedures, no refund of participation fees will be given.

The Participants are not allowed to consume alcohol nor any drug, pharmaceutical or substance which could negatively affect their ability, comprehension, reasoning, judgment, skill, or coordination during the Activities. Violation of this rule may result in immediate dismissal from the Activities.  In the event a Participant is discharged for failure to obey safety orders, no fees refund will be refunded given.

  1. Delivery of prizes

Delivery of the Grand Prize

Upon confirmation displayed on the Event Page that a Participant has won the Grand Prize, the winning Participant has to contact the World of Tanks Console team within 72 hours via the official Facebook page (https://www.facebook.com/wotconsole/) to confirm his/her attendance of the Fifth Anniversary Celebration and to receive the Sponsor’s instructions necessary to arrange for attendance. THE GRAND PRIZE WINNER HAS TO CONFIRM HIS/HER ATTENDANCE WITHIN 72 HOURS, OTHERWISE, THIS PARTICIPANT’S GRAND PRIZE WILL BE FORFEIT. The Sponsor shall not be liable for failure to deliver the Grand Prize if the winning Participant fails to follow the above procedure and the necessary instructions of the Sponsor.

Delivery of other Prizes

Upon confirmation displayed on the Event Page that a Participant has won a Prize (other than a Grand Prize), the Participant will be requested to enter his/her delivery details at the Event Page. PLEASE NOTE THAT IT WILL BE IMPOSSIBLE TO PROVIDE THE DELIVERY DETAILS AFTERWARDS IF THE PARTICIPANT FAILS TO ENTER THESE DETAILS AND LEAVES THE EVENT PAGE. After the Participant’s submission of correct delivery details, the Participant's Prize will be dispatched within 48 hours. Delivery times will vary depending on the address location, size of the shipment and courier/shipping method available. Estimated time of delivery can be provided after dispatch. 10 working days. The Sponsor shall arrange delivery of the Prize within 90 calendar days of the correct delivery details submission, but delivery times may vary depending on the address location, size of the shipment and courier/shipping method available. The Sponsor shall not be liable for failure to deliver the Prize if the winning Participant fails to follow the above procedure and the necessary instructions of the Sponsor.

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