Discussion in 'House Rules' started by wiley_wiggins, Jun 10, 2014.
Bigpoint offers prize contests on its portal and its games and forum websites as well as on its Facebook, Twitter, Google+ and YouTube pages. Participation in the prize contests as well as their implementation are subject to the following provisions. Changes made in respect to the provisions of this prize contest can be found in the respective prize contest announcement.
(1) The prize contest can be run in cooperation with different partners.
(2) A participant takes part in the prize contest by completely registering for the prize contest within the specified time and by respecting all prize contest rules. Specific rules regarding the registration process and the prize contest procedure are published in the respective prize contest announcement. Participation is free and is not subject to the purchase of one of Bigpoint's or an affiliated company's products. Contest participation is only possible upon accepting the Terms and Conditions of Participation.
(1) The contest is open to persons who have reached the full legal age and who are legally competent. Minors and individuals who have a restricted capacity or who are legally incompetent must first obtain the consent to participate from their legal guardian. To verify these conditions, Bigpoint reserves the right to request a copy of the winner's personal ID.
(2) All personal information provided must reflect the truth in order for participation to be valid.
(3) Residents of the following states of the United States of America are not entitled to participation and are therefore excluded from the prize contest: Arkansas, Arizona, Connecticut, Florida, Delaware, Indiana, Iowa, Illinois ,Louisiana, Maryland,Montana, Nebraska, South Dakota, South Carolina, Tennessee or Vermont. Residents of Italy or Brazil are only entitled to a prize limited to a real value of €150.
(1) Employees of Bigpoint and any other associated companies in the Bigpoint Group as well as any concerned business partners and their relatives are not allowed to participate in the prize contest.
(2) Bigpoint is entitled to immediately and retroactively exclude any and all persons who infringe these Terms and Conditions of Participation. In this case, Bigpoint can subsequently deny and reclaim cash prizes, if necessary.
(3) Persons who avail themselves of any unauthorized help or who arrange to benefit from any kind of advantage through manipulation of the prize contest shall also be excluded from participation. In this case, Bigpoint can subsequently deny and reclaim cash prizes, if necessary.
(4) Any persons who provide false personal information are excluded from participation (§ 2 (2)).
(1) The implementation of the prize contest and the choice of prize is incumbent on Bigpoint and/or the relevant partner(s).
(2) The terms prescribing the transfer of prizes are defined by Bigpoint or its partners. Any custom duties incurred or any extra costs incurred for delivery abroad are to be borne by the winner. Should it not be possible to deliver/transfer a prize to a winner due to reasons of the winner's own making, the respective winner shall bear the costs of having to redeliver the prize.If it is not possible for the agreed-upon prize to be transferred/delivered or if the transfer/delivery of the prize is only possible under unreasonable circumstances, the prize winner shall receive a substitute prize of equal value.
(3) Bigpoint will inform the winner(s) by email within two weeks time. Bigpoint reserves the right to transfer information about the winner to the partner, insofar that the partner carries out the transfer/delivery of the prize.
Should the winner not reply within a period of ten working days after sending initial notification, the right to the prize will expire and a new winner shall be chosen. The right to the prize will also expire if the prize cannot be transferred to the winner within four months after the first notification of the winnings due to reasons leading back to the winner.
(4) Each participant is only entitled to one prize per prize contest. Should multiple participants find the right solution, the winner shall be decided by a drawing.
(5) Cash payment of prizes is not possible. Prizes are non-transferable.
(6) Complaints regarding the prize contest must be made in writing within 14 days from the date the reason for the complaint arose. Complaints made by telephone or complaints made too late cannot be addressed.
(7) The prize presented within the context of the prize contest may not necessarily be identical to the prize actually presented to the winner; differences in regards to the model, color, etc. may occur. The prize sponsor can select a similar prize which is of average kind and quality to the original prize presented.
( Should a minor win, only their legal guardians may accept the prize on their behalf.
(9) Any operational, ancillary or supplementary costs arising from prizes are to be borne by the winner.
Bigpoint reserves the right to interrupt or prematurely terminate the prize contest at any time and without notification. Bigpoint may avail itself of this right when a prize contest cannot run its full course due to technical reasons (e.g. a virus in the computer system, manipulation of the prize contest or errors in hardware and/or software). Bigpoint may also do so if the prize contest cannot properly be carried out due to legal reasons. If an interruption or termination occurs as a direct result of a participant's actions, Bigpoint has the right to claim any damages resulting from this person's actions.
(1) Registration is absolutely necessary in order to participate in a prize contest. An entitlement to registration is not guaranteed. Upon registration, the participant expressly allows Bigpoint to save necessary data for the duration of the prize contest. The participant has the right to revoke this agreement and thereby cancel their participation at any time.
(2) With respect to the registered data of participants, Bigpoint is obliged to respect the provisions of data privacy. Above all, all data must be treated with the utmost confidentiality.
(1) All of Bigpoint's obligations end with the delivery of the prize. Bigpoint is not liable for any legal and/or material defects.
(2) Any claims relating to received prizes are to be made directly to the partner who delivered the prize insofar that the prizes were awarded by a partner of Bigpoint.
(3) Bigpoint is not liable for any damages which could occur as a result of errors, delays or interruptions in transmission, defects in technical equipment and services, incorrect data, loss or deletion of data, viruses or anything that can otherwise occur through participating in the prize contest, unless they are the result of gross negligence or deliberate action of Bigpoint (including its institutions, employees or vicarious agents). Bigpoint is however fully liable for guarantees, damages arising from breach of contractual obligations whose fulfillment facilitates the proper execution of contractual relationships and for damages caused to loss of life, physical injury and health.
(4) No liability exists to and for persons excluded by § 3 of these Terms and Conditions of Participation.
(1) No legal recourse is allowed.
(2) In these Terms and Conditions, “Bigpoint” refers to users of Bigpoint Inc. (the Bigpoint Inc. headquartered in San Francisco, USA) as well as to users of Bigpoint S.à.r.l and Co, SCS (the Bigpoint S.à.r.l and Co, SCS headquartered in Senningerberg, Luxembourg).
(3) These Terms and Conditions of Participation, as well as the entire legal relationship between participants and Bigpoint, are subject to Luxembourg Law for users of Bigpoint S.à.r.l and Co, SCS and are subject to the Law of the US State of California for users of Bigpoint Inc.
(4) In the event that one or more provisions of these Terms and Conditions of Participation should be or become invalid, the other provisions of the Terms and Conditions of Participation shall remain valid.
(5) Any addenda or supplementary agreements must be made in writing for validity to take effect.
(6) Bigpoint reserves the right to modify these Terms and Conditions of Participation at any time and without notice.
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