One.-[GAMEE] (hereinafter, the “Promoter”), organises this Promotional Action (hereinafter, the “Promotional Action”), which shall be governed by these rules (hereinafter, the “Rules”).
Description of the Promotional Action:
To participate in the Competition, the Entrants must upload a screenshot of the game “Brick Stacker” high score and also provide their nickname on GAMEE. Screenshot must be from the app GAMEE (www.gameeapp.com/get).
Two.- Any person who meets the requirements indicated in the present Terms and Conditions and who (i) is at least 18 years of age; (ii) has the legal capacity to be bound and give their consent in accordance with the applicable legislation; (iii) where applicable, is a legitimate user of the Social Network pursuant to the terms and conditions of use of said Social Network (iv) reads and accepts the present Rules (v) complies with the participation procedure established in the present Rules, providing truthfully and completely the information and data which the Promoter may require to administer the present Promotional Action, may be an Entrant.
The Promotional Action is free, so there is no requirement for Entrants to pay any sum whatsoever or purchase any product or service to enter.
Those Entrants who request it, and which under their applicable legislation are eligible to, will be reimbursed by the Promoter with the connection costs required for participating in the Promotional Action to a maximum of 3 minutes of connection per Entrant . Free connections do not generate right to demand reimbursement. The reimbursement request must meet the following requirements: (i) request in writing to the Promoter at the address stated in clause One sooner than 15 days as from the date of completion of the Promotional Action (ii) state the name, address and email of the applicant, (iii) attach a copy of the invoice from the service provider detailing the costs incurred in connection to participate in the Promotional Action (iv) indicate the bank details in order to make the reimbursement.
At the request of the Entrant, if under its applicable legislation is eligible to, may also be reimbursed for applicable shipping charges (20 grams weight). Reimbursements will be made within 60 days as from the receipt of the request, after verification of compliance with the requirements stated, including the accuracy of the information provided with that derived from participation in the Promotional Action.
The address you provide with your competition entry ("Entry") will be used to send any prizes so please make sure this is correct. Unless stated otherwise in the Competition Notice, Competitions are only open to residents of the United Kingdom, Republic of Ireland, Australia, and the United States and you are not entitled to enter the Competition if you are resident outside of the United Kingdom, Republic of Ireland, Australia, and the United States.
Gamee reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules.
Competition entries must be made in the manner and by the closing date and time specified on the Competition Notice. Failure to do so will disqualify the entry.
Prize winners will be notified in the manner and within the time specified on the Competition Notice (and may be contacted by Gamee or GWR. Return of any prize notification as undeliverable or failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner.
Prizes are non-transferable and there is no cash alternative. GWR reserves the right to substitute prizes of equal or greater value at any time.
All taxes, insurances, transfers and other expenses as the case may be, unless specifically stated, are the sole responsibility of the prize winner.
Three.- The Entrants enter the Promotional Action voluntarily, under their own exclusive risk and responsibility. The Promoter reserves the right to require at any time accreditation of compliance with any of the requirements specified in the present Rules.
Four.- The Promoter shall administer the Promotional Action through the Website, employing to this end and for the purposes of publicizing the same to the greatest possible extent, all manner of Internet media and resources, among others, any websites belonging to the Promoter and GAMEE, as well as their respective blogs and profiles on social networking sites (hereinafter, jointly, the “Web Media”).
Five.- The Promoter reserves the right to modify these Rules, either totally or partially, subsequent to the public notification thereof through the Website, or by any other means by which publicity has been given to the Rules, to avoid any damage to Entrants, as well as to interrupt or terminate the Promotional Action at any moment and without compensation, unless stated otherwise herein, with efficacy as from the date of publication on the Website. In the event that such termination was caused by intentional conduct of the Entrant, the Promoter can claim damages from this person.
The present Rules will be publicly available through the Website for consultation thereof by the Entrants, as well as free shipping for the Entrants who request it by writing to the address stated on clause One and for which this right is established in their national legislation of reference.
Moreover, in the event that the Promotional Action requires Entrants to submit Materials, entry to the Promotional Action involves and constitutes: (i) the granting by each and every one of the Entrants to the Promoter of a free, worldwide license for the Promoter and/or any third party authorized by the Promoter to use the Materials (including the rights of reproduction, public communication and transformation thereof), through the Web Media, and solely for the purposes of promoting the Promotional Action which shall include the period during which the Promotional Action is conducted and the six months following the termination thereof; (ii) the granting by each and every one of the Entrants to the Promoter, both on its own behalf and on behalf of third parties that may appear in the Materials, of a free, worldwide license to use the Materials (including the rights of reproduction, public communication and transformation thereof), through the Web Media, and solely for the purposes of promoting the Promotional Action, which shall include the period during which the Promotional Action is conducted and the six months following the termination thereof.
Licenses granted in accordance with the foregoing, shall be understood to have been made with the power of assignment to third parties (exclusively for those purposes which are essential for the development, implementation and management of the Promotional Action, pursuant to these Rules); and for a period from the starting date of the Promotional Action until six (6) months after the date upon which the Prize Winners of the Promotional Action are published on the Website. Subsequent to said period, the Promoter shall refrain from using any of the elements which are the object of licenses established in this Clause. Notwithstanding the foregoing, the continued or involuntary use of the same through the Web Media shall not constitute any manner of breach, provided the Promoter takes reasonable measures to ensure that the same are withdrawn and cease to be used, once the envisaged period has concluded or whenever, owing to the nature of the aforesaid elements, the use thereof extends beyond the deadline indicated. The Entrants acknowledge and accept that, given the nature of the Internet and the characteristics inherent to the digital setting in which the Promotional Action is to be held, once the Materials have been published on the Website, it is possible that the same, along with any other elements which are the objects of licences established in the present Clause, will remain available through the Internet, with no temporal or territorial constraints whatsoever and beyond the control and responsibility of the Promoter.
Seven.-Irrespective of any other measure established in these Rules, the breach of any of the terms included in these Rules, during any phase or at any moment of the Promotional Action, may result in the disqualification of the Entrant and/or the withdrawal of the Materials in question, as applicable, at the exclusive discretion of the Promoter.
Eight.-The Prize is personal, non-transferable and non-redeemable for cash or any goods or services. The Prize comprises solely and exclusively those elements indicated in these Rules; accordingly, the Promoter will accept no additional cost other than those mentioned in these Rules. There is no legal claim to the Prize.
Nine.-On the Date of publishing the names of the Prize Winners of the Promotional Action, the Promoter shall publicly announce the Prize Winners of the Promotional Action on its Website and shall contact the same to notify them of their status as Prize Winners and to organise the presentation of the Prizes, availing itself of the e-mail addresses and/or telephone numbers provided in the setting of the Promotional Action. For the purposes of making the Promotional Action resolution and the names of the Prize Winners public, the Promoter shall be authorised to disseminate the names thereof through the Website and Web Media.
Ten.-In the event that the Prize Winners do not respond (or do so unsatisfactorily) to the Promoter's communications within the term established in the Clause One of the present Rules as well as in case the Prize could not be delivered to Winners for reasons beyond the Promoter´s control, they will lose the right to the Prize. In this case, in the same way as when a Winner renounces his/her right to the Prize, the Promoter shall be free to award the same to another Entrant. In no case does the expiry of the deadline indicated in the present Clause, or the renouncement of the Prize, give grounds for the invalidity or revocation of the licences granted by virtue of these Rules.
The Prize will be delivered in the term and on the way established by the applicable law. For the presentation of the Prize, the Promoter may request accreditation of the Prize Winners' identity. Delivery of the Prize may be subject to previous signature by the Winners of a receipt accepting the Prize whose content shall adjust to these Rules. Breach of this obligation, if required by the Promoter, shall imply a waiver to the Prize, which will be awarded to the relevant person under these Rules.
Tax regulations may require the application of deductions on the Prize, as well as the signature by the Prize Winners of certain fiscal documents pertaining to the aforesaid deductions. In any case, it will be at Winners expenses any duty, tax or similar figure that under the applicable legislation they must satisfy. Therefore, the Promoter will be relieved from any tax liability of the Winners.
Twelve.- By entering the Promotional Action, the Entrants declare, acknowledge and guarantee: (i) that they accept these Rules, (ii) that they meet all necessary requirements for the purposes envisaged herein; (iii) that the information and/or the data facilitated within the setting of the Promotional Action are true and accurate; (iv) that they are in possession of the necessary written authorisations and licenses, pursuant to these Rules, and/or are the holders of all rights (including, without limitation whatsoever, intellectual or industrial property rights, and those affecting the honour, personal and family intimacy, personal image, or of any other nature) on the Materials; (v) in the event of it being necessary, that they have obtained in writing from the third parties displayed or reproduced in the Materials, the right to exploit their rights on their own image included in the Materials, and the right to assign or licence the aforesaid right to any third party, to the extent required to allow the exploitation of the Materials, through the media indicated in Clause Four, and solely for the purposes of promoting the Promotional Action; and (vi) that the Materials: (a) do not violate rights of third parties (including, but not limited to intellectual or industrial property rights, and those affecting the honour, personal and family intimacy, personal image), (b) do not include phrases, images or any other element which may violate the rights of intimacy, image or honour of individuals, and (c) do not contravene any regulation which may be applicable.
By virtue of the foregoing, the Entrants shall indemnify (compensate) the Promoter, and/or GAMEE all costs and damages which may derive from: (i) any claim of any type made by third parties alleging that the Materials violate their rights; (ii) any inaccuracy or falsehood in the information and/or data supplied and/or disseminated through the Website, the Web Media, or any other media employed within the setting of the Promotional Action, or (iii) breach of any of the guarantees, promises or assertions established in the present Rules.
Thirteen.- Notwithstanding that stipulated in the previous clause, the Promoter shall be entitled to: (1) block and delete any of the Materials available through the Website, the Web Media, or any other media employed within the setting of the Promotional Action which, in its judgment: (i) may be considered unlawful, offensive, inappropriate or contrary to morality and public order, or which in any other way may be considered to violate the rights of third parties and/or any regulations or laws which may be applicable; (ii) for any reason impede or hinder entry to the Promotional Action, access to the Website, to the web media, or to any other media employed in the setting of the Promotional Action; or (iii) contravene any of the provisions of the present Rules; (2) discretionally prevent access to the Website, Web Media, or to any other media employed within the setting of the Promotional Action, on the part of those Entrants who, in its judgment, may have violated any of the stipulations or guarantees established in these Rules.
Fourteen.-The Promoter shall not be held responsible: (i) for any shortcomings, breakdown or malfunctioning of telecommunication systems, of the Application, of the Website, of the Web Media, or of any other media employed within the setting of the Promotional Action, or for any delay in the transmission of the Materials, or for the lost thereof derived from any of the aforesaid circumstances; (ii) for any shortcomings or damages which may be caused to the Entrants as a consequence of using the Application or the computer applications of those third parties required to enter the Promotional Action, or those applications implemented on the Website, the Web Media, or any other media employed within the setting of the Promotional Action; (iii) for the use that third parties, including Internet users, may make of the submitted Material, which may be disseminated publicly within the setting of the Promotional Action. The Promoter shall not be liable for the delays, losses or damages not attributable to it. Likewise, the Promoter shall not be liable for force majeure events (such as strikes, etc.) which might totally or partially prevent Winners from enjoying the Prize. The Promoter shall not be liable for any damages that might arise as consequence of the mentioned cases, as well as it shall not be liable for any damages that might derive from enjoying the Prize.
Fifteen.-The personal data provided in the framework of the Promotional Action will be processed by the Promoter, based on the legitimate aims which may be applicable, depending on the needs arising from the description of the Promotional Action, to which the Entrant by entering the Promotional Action acknowledges and explicitly grants his/her consent.
In more detail:
- Processing of personal data:
The Promoter will process personal data provided by the Entrants for the development, implementation and management of the Promotional Action, Entrants and / or Winners also authorize the processing and communication of certain personal data, including the disclosure of their name and image on the Internet through Web Site and Web Media, for the purposes of the development, implementation and commercial exploitation or promotion of the results of the Promotional Action.
In the event that within the framework of the Promotional Action Materials are presented and these are reproduced, or otherwise in connection with the Promotional Action are provided personal data of third parties, the Entrants warranty that they have informed such third parties and have obtained their consent for the processing under the purposes described in these Rules, including the disclosure of their name and image through Web Site and Web Media, for the purposes of the development, implementation and commercial exploitation or promotion of the results of the Promotional Action, and the communication of their identifying data to a third partner to allow them to enjoy the Prize as Winner´s companion. The Promoter reserves the right to require the Entrants and/or the Winners, whose material includes third-party data processing, proof of having met the requirements of informed consent above.
Once the Promotional Action and all representations or promotions relating thereto terminate, the personal data in relevant databases whose purpose is to manage the Promotional Action shall be deleted within six (6) months, including personal data of the Entrants or third parties that may contain images.
Entrants, Winners and /or third parties may, in all cases, withdraw his/her consent to the processing of personal data at any time, exercise their rights of access, rectification, erasure or opposition and/or other rights under the applicable data protection or privacy laws, by sending a written communication, to the GAMEE (firstname.lastname@example.org).
In the event the aforesaid rights being exercised, and that as part of the personal data we have collected there is the e-mail address, we would be grateful if specific mention be made of this circumstance in the aforesaid communication, indicating the e-mail address with regard to which the rights of access, rectification, erasure and opposition or other aforementioned data protection related rights are being exercised.
Sixteen.- The present Promotional Action is not sponsored, guaranteed or administered by, or associated in any way with the Social Network. The Entrants shall hold the Social Network harmless of all liability. The information that Entrants submit within the setting of the Promotional Action is not submitted to the Social Network, but to the Promoter.
Eighteen.- These Rules shall be governed by Czech Law.
Seventeen.- These Rules are applicable to the Entrants, without prejudice to those mandatory regulations or laws which may be applicable.