PROMOTION - mm livery competition legals

Motorsport Manager™ Livery Competition: Terms and Conditions

 

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.

This prize giveaway on Facebook and Twitter (the “Promotion”) is administered by SEGA EUROPE LIMITED (“SEGA” or the “Promoter”), a UK company and in compliance with UK laws; by entering you are agreeing to the following terms and conditions, as well as SEGA’s Privacy Policy

This Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Twitter or Steam.

You understand that any posting by you made on the social media websites Facebook or Twitter and the Steam platform (“Public Comment”) shall be publicly available on Facebook, Twitter and Steam websites. Any additional personal information that you are requested to provide to SEGA as a participant or winner of the Promotion shall be controlled and processed by SEGA. Any questions, comments or complaints regarding the Promotion must be directed to SEGA and not to Facebook, Steam or Twitter.

 

(1) Description of Prize Draws. SEGA will award prizes from all eligible entries received via email to: social@motorsportmanager.com.  Participants will need to create a livery within the Steam Workshop page for the “Motorsport Manager” game and send screenshots of their creation along with a contact email address to: social@motorsportmanager.com
 

(2) Eligibility. In order to be eligible for the Promotion, you must:

      (i)     be a legal resident of any of the following European countries:

Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom; or

     (ii)      be a legal resident of the United States of America or Canada, and

     (iii)      be 18 years of age or older at the time of entry, and

     (iv)      maintain and operate a valid email account and operate this account.

Any entrant who is not eligible for the Promotion can be disqualified at the Promoter’s discretion. The Promotion shall be void anywhere it is prohibited by law, irrespective of the eligibility requirements set out above. If proof of age is requested, and if satisfactory proof of age is not received, the Promoter reserves the right to choose another winner. Employees, officers and representatives (and members of their immediate families and those living in the same household of each) of the Promoter’s, its parent, subsidiaries, affiliated companies, advertising and promotion agencies, and any other company involved in the design, execution or production of this Promotion are not eligible.

 

(3) How to Enter - To enter the Promotion, entrants will need to create a livery within Steam Workshop page of the “Motorsport Manager” game and send screenshots of their creation along with a contact email address to: social@motorsportmanager.com (“Submission”). Unless specified otherwise in the Competition Message, entrants can only enter the Promotion once in order to be eligible to win a prize from the Promoter. Entries received for a given Promotion are eligible only for that Promotion and will not be "rolled forward" for inclusion in any subsequent Promotion. Any entry, which does not comply with the rules, may be deemed invalid at the sole discretion of SEGA.

Your Submisssion must be totally original and created by you. Your Submission must not:

 

(a)   be previously published in any video game, on any website or social media page or elsewhere at a time prior to or after your Submission, except as permitted by these Official Rules;

 

(b)   contain any third party intellectual property rights without the permissions to use such materials, including any trademark logos or third party assets, except in relation to any Motorsport Manager assets or Game assets provided to you by Promoter as necessary for the participation in this Promotion;

 

(c)    contain any resemblance to a recognizable third party brand, character or personality (other than the Entrant or Motorsport Manager);

 

(d)   use any obscene or indecent images or words including but not limited to nudity, pornography, profanity, drug references or gratuitous violence;

 

(e)    contain any religious imagery;

 

(f)    include any defamatory material (including, but not limited to, words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); or

 

(g)   include any material defamatory to any person, place, business, group or nation; or violate any law or regulation.

.    

Submissions that are incomplete, contain irregular or invalid information, are corrupted, are late, lost, or postage-due are void and will not be accepted.

By entering the Promotion, you agree to assign and hereby assign full and complete ownership of all intellectual property rights in and to any Submission to Promoter (its affiliates and licensors including but not limited to Playsport Games), which includes, but is not limited to the exclusive right to the use of your Submission, name, photograph and/or likeness, written or oral statements and biographical information for advertising and promotional purposes in all media worldwide and in perpetuity without additional compensation, unless prohibited by law. Sponsor and its affiliated companies may use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display your Submission in its sole discretion. You agree that by entering your Submission, Sponsor and its affiliated companies may sell and otherwise distribute your Submission on any of its websites or in any of its products without any compensation.

 

 (4) Prize – A winner shall be selected from all eligible entrants each day during the Competition Period (which shall be announced on the Steam Workshop and Social Media pages) to receive the Prize which shall be specified in the Competition Message (which at the time of the publishing of these Official Rules shall be £1,000 GPB).  The winning entry shall be selected from all eligible Entrants and shall be selected by a panel of judges at the absolute discretion of the Sponsor (“Judging Panel”).

 

The winner shall be contacted to confirm prize acceptance and to enter into a further Assignment agreement to confirm that the Submission has been assigned and may be used by SEGA. The payment of the cash prize shall be subject to the execution of this assignment agreement. The potential winner will have five (5) business days to respond to the prize notification e-mail with the requested information. Failure to respond within this time frame will result in disqualification and the selection of an alternate winner at SEGA’s sole discretion. Return of prize notification e-mail as undeliverable may result in disqualification and the selection of an alternate winner. All decisions are final.

The Promoter may state the time of the prize draw and the time for the announcement of the Winner in the Competition Message. This is an indication of an approximate time only and the Promoter shall not be liable if the prize draw and/or announcement of the Winners is delayed.

(5) General:

(i) Sponsor reserves the right to discontinue this Promotion at any time and without notice following the conclusion and complete fulfilment of all prizes associated with any given (and then current) Promotion. In the event of a dispute regarding the identity of the person submitting the winning Submission, the prize will be awarded to the individual who submitted the Submission. The authorised account holder is the natural person who is assigned to the account and that is responsible for the e-mail addresses associated with the account. Sponsor reserves the right to void entries, which in its sole determination, are irregular, incomplete, inaccurate, do not comply with these Official Rules or have been generated with abusive and/or duplicitous intent including but not limited to false or multiple email addresses.

 

(ii) By entering, you (a) agree to comply with and be bound by the Official Rules and the decisions of the Sponsor which are final and binding in all respects; (b) agree to release Sponsor and its employees and agents from any and all liability, loss, damage or injury resulting from participation in this Promotion or from the awarding, receipt, possession use and/or misuse of any prize; (c) acknowledge that Sponsor, and its employees and agents have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize including, but not limited to, its quality, mechanical condition or fitness for a particular purpose; (d) the rights granted under this paragraph shall extend to Sponsor and its indirect and direct parent companies and their respective affiliated companies with respect to all entries and all other submitted materials related to the Promotion, including those submitted by non-winners and winners.

(iii) Without in any way limiting, expanding or amending the Terms of Service at http://www.sega.co.uk/legal/terms.php which Terms of Service policy shall remain in full force and effect, if Sponsor is duly notified that any element of an Entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission because of such infringement, such Submission may be removed and disqualified from the Promotion, as Sponsor may determine in its sole discretion. Further, no Entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such Entrant’s Submission has been or can be sufficiently cleared for legal purposes and such Entrant has complied with the terms of these Official Rules.

(iv) Past experience has shown a promotion such as this one may generate similar submissions which closely resemble concepts and ideas developed by the Sponsor whether before, during or after the Promotion. Entrants may see a presentation that seemingly incorporates an idea or concept or includes materials similar to that contained in their Submission. Any similarity may be purely coincidental and is always unavoidable in light of the volume of ideas that the Sponsor routinely consider in the course of their content development. Consequently, the Entrants agree that: (a) the Sponsor may use any and all ideas, concepts, material and expression, in whole or in part, submitted or contained in a Submission, or other material you submit, and all copyrights and other intellectual property rights therein; and (b) all entries and entry materials (including, without limitation, the Submissions) become the property of Sponsor and will not be returned.

 

(v) The use of machines, computers or any automated technique (“Automated Cheats”) to enter the Promotion is prohibited. Sponsor has the right to invalidate any entry if in its sole opinion the Entrant has engaged the use of Automated Cheats at any time.  All decisions of the Sponsor are final.

 

(vi) Sponsor is not responsible for any lost, late, delayed, misdirected, garbled, illegible, incorrect or inaccurate information or entries that are misdirected or misrouted as a result of interrupted or unavailable network connections or internet transmissions for any reason, or any failure of the website during the Promotion Period, or for any computer, phone, phone line hardware or software malfunction, failure or error of any kind, whether mechanical, human or electronic. Any attempt by an Entrant to interfere with the operations of this Promotion is a violation of criminal and civil laws; Sponsor reserves the right to seek damages from any such Entrant to the fullest extent permitted by law. If, for any reason, any Promotion is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion.

(vii) You acknowledge that Sponsor is not responsible for the operation of the Jobvite website (www.jobvite.com) and services and your use of such services shall be at your own risk and in accordance with any terms and conditions required by Jobvite.

(6) Release: By participating in the Promotion, all Entrants release the Sponsor and its indirect and direct parent companies and their respective affiliates, partners, subsidiaries, officers, directors, agents, employees, representatives, shareholders and all entities associated with the development and execution of this Promotion harmless from and against any and all losses, damages, claims, liabilities and actions of any kind with respect to and in any way arising from (i) participating in this Promotion; (ii) acceptance, possession, use of misuse of  or defect in the prizes; (iii) any injury or damage to an Entrant's or third person's property related to or resulting from the Promotion, the Submissions and/or its prizes; (iv) damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an Entrant's participation in the Promotion or downloading of information in connection with the Promotion; and  (v) publicity or privacy rights and/or defamation. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE SPONSOR’S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE.

I agree to indemnify Sponsor in respect of all actions, proceedings, claims, damages, expenses and liability whatsoever which may be made or brought against or suffered or incurred by Sponsor in consequence of any breach of these Official Rules.

 

The Sponsor reserves the right to modify or cancel the Promotion in the event that any portion of any website used to administer any aspect of the Promotion becomes technically corrupted.

 

(7) Data Collection: Sponsor collects personal information from you when you enter the Promotion.  By entering the Promotion, you agree to all of the terms and conditions of the Sponsor’s Privacy Policy.  For information about how personal information may be used, see Sponsor’s Privacy Policy, which is available at http://www.sega.co.uk/legal/privacy.php.

 

(8) Law and Jurisdiction: These terms are governed by English law. By entering this Promotion, you agree to submit to English law and that local laws shall not apply to the extent that those laws conflict with English law. Any claim or matter arising out of these terms shall be subject to the exclusive jurisdiction of the courts of England.

(9) Winners List: An accumulative list of winners from the most recent month is available via email request to competitions@soe.sega.co.uk

Sponsor: SEGA EUROPE LIMITED, 27 Great West Road, Brentford, Middlesex, TW8 9BW, UNITED KINGDOM.

 

©Playsport Games 2016. Motorsport Manager, the Motorsport Manager logo and Playsport Games are either registered trade marks or trade marks of Playsport Games. Published by Sega Publishing Europe Limited. SEGA and the SEGA logo are either registered trademarks or trademarks of SEGA Holdings Co., Ltd. or its affiliates. All rights reserved. SEGA is registered in the U.S. Patent and Trademark Office. All other trademarks, logos and copyrights are property of their respective owners. All Rights Reserved.

 

SCHEDULE – CONTRIBUTOR RELEASE

Permission to use my Materials

I understand that Sega Europe Limited with registered offices at 27 Great West Road, Brentford, Middlesex, TW8 9BW (the “Company”) wishes to use my Submission (the “Materials”) which I have submitted to the Company as part of the Motorsport Manager™: Livery competition (the “Competition”).

Pursuant to and in consideration of the sum of £1.00 (one pound) (receipt and sufficiency of which I hereby acknowledge), and which I agree shall be full and final settlement with no further sums of any nature for any reason due to me, I confirm that:

  1. I grant the Company and its affiliated companies including the SEGA group all consents under the Copyright, Designs and Patents Act 1988, as amended (and any equivalent enactments or provisions elsewhere in the world) as may be required for the Company to use and otherwise exploit the Materials throughout the world and in perpetuity for any of its commercial or non-commercial purposes in all and any media (whether now known or hereafter invented), including, without limitation, in the Company's video games, printed publications, presentations, promotional materials, in the advertising of the Competition and the Company's goods or services (including, without limitation, the promotion and marketing of the Total War series) or on the Company's website (“Specified Purposes”), in its original format or edited or altered in any way which the Company deems appropriate.
  2. I assign to the Company for the unfettered use by it and its affiliated companies including the SEGA group all intellectual property rights in or attaching to the Materials that may vest in me to the Company absolutely and I irrevocably and unconditionally waive in perpetuity all moral rights that may be vested in me in respect of the Materials.
  3. I do not object to the Company:
    1. storing copies of the Materials for the Specified Purposes or to it storing my contact details on its database for as long as it deems reasonably necessary in case it needs to contact me; or
    2. transferring the Materials and my contact details to a destination outside the European Economic Area (“EEA”) or storing them at a destination outside the EEA for the purposes set out under this agreement.
  4. I release the Company and its parent, affiliates, licensees, subsidiaries, officers, directors, employees, agents, successors and assignors from any and all claims whatsoever in connection with the use of the Materials.
  5. I understand that the Company is under no obligation to use the Materials. I also understand that I have no right to approve or inspect any use of the Materials prior to any such use.
  6. I will not at any time utter, publish nor cause to be published by way of any media any comments concerning my participation in the Competition which would be likely to adversely affect the Company’s reputation or goodwill, or discredit the Company.
  7. I agree to indemnify the Company in respect of all actions, proceedings, claims, damages, expenses and liability whatsoever which may be made or brought against or suffered or incurred by the Company in consequence of any breach of this agreement.
  8. This agreement contains the entire understanding and agreement by the parties and may be varied only in writing by the parties.
  9. The Company shall be entitled to assign the benefit of this agreement.
  10. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no term or condition of this agreement shall confer or be construed as conferring any right on any third party.

 

I understand that this agreement is legally binding, that it shall be governed by and construed in accordance with the laws of England and Wales and that the parties hereby submit to the exclusive jurisdiction of the English courts.

 

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