TERMS AND CONDITIONS
The following conditions govern the course of the TERADEMY Contest (‘contest’) as organised by Gameforge 4D GmbH, Albert-Nestler-Straße 8, 76131 Karlsruhe, Germany (‘Gameforge’).
1. Participation Period
The contest starts on 01.06.2016. The ‘deadline’ for entries is 19.06.2016.
2. No Entry Fees
Participation is free and is not bound to the purchase of any goods or the subscription to a fee-based service.
3. Eligibility and Participants
(1) All users (‘user’) of full age resident in the European Union with an active account (‘account’) for tera.gameforge.com are eligible to enter.
(2) Employees of Gameforge or companies associated with Gameforge, employees of Bluehole, Inc. (‘Bluehole’), or spouses and relatives thereof, may participate but are ineligible to win prizes.
(3) A ‘participant’ is every eligible user who makes a submission during the participation period in accordance with the following conditions.
4. Submission
(1) The subject of the contest is the independent creation and submission of a piece of hand-drawn or digitally created concept art for a pet or flying mount (‘concept art’) for the online game TERA (‘TERA’) subject to the following paragraph.
(2) The concept art must be thematically related to the region of Arborea and submitted to terademy@tera-europe.com with the subject line Terademy 2016 (‘submission’) in accordance with the following conditions:
a) The submission must be made from the email address linked to the account and contain the associated game server and character name. The concept art may be attached to the submission in .jpg, .gif or .png format with a maximum file size of 5 MB. Alternatively, the submission may include a link to download the concept art from an online location.
b) The submission must also include an image or screenshot which served as the inspiration for the concept art.
c) Submissions made outside the participation period, multiple submissions, and submissions made in association with different email addresses will not be considered. Similarly, submissions which contain multiple pieces of concept art, will not be considered. This limitation does not apply to submissions which contain multiple depictions of one and the same piece of concept art (for instance, showing different perspectives).
d) The submission must be unencumbered by third-party rights and comply to applicable laws. The participant shall indemnify Gameforge from all claims made against them by third parties in connection with the submission.
5. Winners and Prizes
(1) Gameforge will select 10 pieces of concept art from amongst all eligible submissions by 24.06.2016, on the basis of their creativity and originality (‘shortlist’) and relay this information to Bluehole.
(2) Bluehole will review the shortlist in consideration of the feasibility of the relevant pieces of concept art within two weeks and may at their own discretion, on the basis of the artwork’s feasibility, implement a version of the depicted pet or flying mount in TERA (‘implementation’) within an undefined period of time. There is no entitlement to the implementation. Gameforge and Bluehole reserve the right to exercise their own discretion and remove the implementation at any time, without the need for a specific communication or permission.
(3) ‘Shortlist winners’ are those participants whose pieces of concept art constitute the shortlist. Bluehole will select three pieces of concept art from the shortlist and communicate this list to Gameforge. The ‘winners’ are those participants whose pieces of concept art were selected by Bluehole. Should one of the pieces of concept art be used as the basis of the implementation, the participant whose concept art is implemented further constitutes the ‘main winner’.
(4) Recourse to legal action regarding the determination of shortlist winners, winners and main winner is not permitted.
(5) Gameforge will inform the shortlist winners about the shortlist via an email sent to the address used for the submission by 18th July, and the winners similarly by 18th July; in the case of implementation, Gameforge will inform the main winner by 18th July (‘notification’). Gameforge may additionally publish the relevant participants on their own internet sites as well as Gameforge’s channels on social networks (together the ‘Gameforge sites’) using the respective character names (‘announcement’).
(6) The shortlist winners will each receive a four-month TERA Club membership for the account used for their submissions. The winners will additionally receive a Roccat Nyth Modular MMO gaming mouse. The main prize consists of the implementation.
(7) The prizes will be dispatched to the winners (‘delivery’) by a delivery service provider (‘service provider’) commissioned by Gameforge from 25th July 2016 and requires a valid postal address (‘address’). Gameforge will request an address for the delivery as part of the notification. Should the address not be communicated in response within 14 days, the entitlement to the respective prize will be forfeit.
(8) The prizes are deemed to have been awarded to the winners by Gameforge with the handover of the prizes to the service provider.
(9) A cash disbursement and/or payment of the prize in goods, or the exchange and/or transfer of the prize to third parties is excluded in each case.
6. Rights of Use
(1) For the purposes of presenting the submission on the Gameforge sites, the participant grants Gameforge the non-exclusive rights of usage to the concept art, free of charge and without limitation of time and place. This includes the rights of exploitation and reproduction, and the right to make the concept art publicly accessible and grant third parties further usage rights, as far as this is necessary (‘use by Gameforge’).
(2) The participant agrees that the character name detailed in the submission when used in the contexts of its use by Gameforge is sufficient evidence of their authorship.
(3) Gameforge is further entitled to relay the concept art to Bluehole as part of the shortlist, including for the purposes of its potential implementation (‘use by Bluehole’). For the purposes of use by Bluehole, the participant grants Gameforge and Bluehole the non-exclusive rights of usage to the concept art, free of charge and without limitation of time and place. This includes the rights of exploitation and reproduction, as well as the right to make the concept art publicly available and grant usage rights to third parties, in as far as this is necessary for its use by Bluehole. In the case of implementation, which may be preceded by the modification of the concept art, a new original work will result. Due to the specifics of TERA, furnishing the implementation with an identification of authorship is not possible. As a result, the main winner hence agrees to forgo such an identification of authorship.
7. Data Privacy
(1) Gameforge will collect, use and process the personal data of the participants solely for the purposes detailed in these Terms and Conditions and in accordance with data protection regulations.
(2) Further information regarding Gameforge’s handling of personal data can be found in the Privacy Policy .
8. Declaration of Consent
In the case of a win, the participants consent to the notification and announcement, as well as our forwarding their address to the service provider for the purposes of the delivery of their prize.
9. Disclaimer
(1) Gameforge, 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.
(2) These limitations do not apply for the loss of life, personal injury or damage to health.
10. Other
(1) The participant agrees to these Terms and Conditions with their submission. In addition to these Terms and Conditions, the General Terms & Conditions also apply (together with the ‘rules’). Should a participant infringe upon the rules during the participation period, or during the further course of the contest, their eligibility may be revoked.
(2) Gameforge reserves the right to end the contest at any time, if for technical or legal reasons its proper execution cannot be guaranteed.
(3) 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.
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