TERMS AND CONDITIONS
The following conditions govern the course of the “Ignore Your Duty! Play Ironsight” (“Contest”) as organized by Aeria Games GmbH Schlesische Str. 27, 10997, Berlin (“Aeria”).
1. Eligibility, Participants and Participation
(1) Participation in the contest is free. Participants must be at least twelve years old. If the participant is under the age of eighteen, the parent or guardian must have given their consent to participate in the competition.
- (2) "Participant" means anyone who is eligible to participate pursuant to paragraph 1 and who complies with the terms and conditions of participation set forth in these General Terms and Conditions between Friday December 27, 2019 and Wednesday January 22, 2020, 23.59 CEST ("Participation Period").
- (3) The task of the contest is the independent creation of an image (“Image”) that humorously deals with the slogan "Ignore your Duty" and post it on Twitter or Instagram under the hashtag #PlayIronsight within the participation period (“Entry”).
- (4) There is no limit how many entries each participant may submit. Entries submitted outside of the participation period will not be considered.
- (5) Employees of Aeria and companies associated with Aeria, as well as relatives thereof, are not allowed to participate.
- (6) Aeria may present (“Presentation”) the images in form of twitter retweets.
2. Winner and Prize
(1) Aeria will randomly select one image from all valid entries. The “winner” is the participant who created the selected image.
(2) Aeria will inform the winner of his winning within two weeks after the end of the contest by contacting him via the Twitter or Instagram account used for the entry (“Notification”). The winner will receive a Tulpar T7 V20.1.1 17.3" Gaming Laptop from Monster. Aeria reserves the right to replace individual prizes with equivalent or superior prizes. The winners will be announced in various social media such as Facebook, Twitter, Reddit, Discord, Instagram, Ironsight’s Website and Forum (“Announcement”).
(3) Aeria will ask the winner in the notification to submit their name and address in response to the notification no later than two weeks after the notification is sent ("Response"). Responses that Aeria receives late or does not receive at all will lead to loss of entitlement to the respective prize.
(4) A cash payment and/or payment of the prize in physical goods as well as an exchange and/or transfer of the prizes to third parties are all excluded.
3. Rights of Use and Indemnity
(1) For the purpose of participation in the contest, Aeria grants the participant the free-of-charge, non-exclusive, revocable right to use the Aeria logo, the Ironsight title and the Ironsight characters for the creation of the image.
(2) For the purposes of the presentation, the participant grants Aeria the free-of-charge, non-exclusive, irrevocable right to use the respective image without limitation of time and place. This includes the rights of exploitation and reproduction, as well as the right to make the image publicly available and grant usage rights to third parties, in so far as this is necessary within the context of the presentation.
(3) By submitting their entry, the participant provides assurance that they produced the image themselves, guarantees that this does not infringe on the rights of third parties and indemnifies Aeria against all claims from third parties based on the infringement of third party rights in connection with the image.
4. Data Privacy
(1) Aeria will retrieve, process and use the provided personal data of each participant (this includes account names, name and address) within the scope of the applicable legal data protection requirements and exclusively for the purposes of holding the contest (this includes the review of the right to participate and compliance with the rules as well as the announcement and the presentation).
(2) The personal data collected will be stored for the duration of the contest and then subsequently deleted once it ends. The presentation which, for reasons of transparency, is principally always kept permanently available for retrieval, will not be deleted within this period unless otherwise requested by the respective winner. To the extent that legal retention requirements stipulate longer-term storage, the affected data will be deleted at the latest following the expiry of such obligations and will only be processed for the purposes of compliance with these retention requirements.
Aeria, 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. These limitations do not apply for the loss of life, personal injury or damage to health.
6. Final Provisions
(1) The participant agrees to these Terms and Conditions with their entry.
(3) Should a participant infringe upon the rules during the execution of the contest, or such an infringement be proven thereafter, their eligibility to participate may be revoked.
(4) Aeria reserves the right to end the contest before the end of the participation period, if for technical or legal reasons its proper execution cannot be guaranteed.
(5) The contractual relationship is governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the referral regulations of international private law. If the participant has as his usual domicile a location in another country within the European Union during the extent of the contest, the validity of the strictly applicable legal regulations of the country in question shall remain unaffected by the choice of law made in the prior sentence.
(6) 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.