TERMS AND CONDITIONS OF THE “HAWKED LAUNCH GIVEAWAY” CONTEST
1. GENERAL PROVISIONS
1..1 “HAWKED Launch giveaway” (hereinafter referred to as “Contest”) is a stimulating promotion, which is a set of events with the purpose of stimulating consumer demand, attracting attention, increasing awareness and loyalty, maintaining and increasing the Participants' interest in the trademarks, interactive online computer games, and related services of the Company (as defined below) for the purpose of their further promotion on the market. The procedure, terms and conditions, and period of the Contest are determined by these terms and conditions of the Contest (hereinafter referred to as “Terms and Conditions”).
1.2. The organizer of the Contest is MY.GAMES B.V., with its registered office at: De Entree 256, 1101EE, Amsterdam, the Netherlands, hereinafter referred to as the “Company”.
1.3. If the Participant has not reached the legal age, the decision to participate in the Contest is made together with the legal representatives (parents) of such a Participant. Fulfillment of the conditions specified in Section 3 of these Terms and Conditions means that the Participant agrees with these Terms and Conditions, as well as (if applicable) that the legal representatives (parents) of such a Participant are familiar with these Terms and Conditions and do not object to the Participant’s participation in the Contest.
1.4. The territory covered by the Contest is the territory of the whole world except the territory of the following countries: the Russian Federation, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Moldova, the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan, South Ossetia and Abkhazia.
2. DEFINITIONS USED IN THE TERMS AND CONDITIONS OF THE CONTEST
2.1. Account – an account created at the moment of registration of the user in the Game, which allows the Company to keep record of each user and provide the possibility to log in to the Game (gain access) using a unique username and password. To register an account, the user should accept the terms of the License Agreement, as well as all applicable rules and other documents.
2.2.Game – an interactive online computer game HAWKED, which is a computer program, which is a set of data, commands, and audiovisual displays generated by it (hereinafter referred to as data and commands), activated sequentially to obtain a certain result provided for by the script of the Game; the rights to use the Game are provided in accordance with the License Agreement.
2.3.License Agreement – the text of the License Agreement available at https://documentation.my.games/terms/mygames_eula containing all the necessary and essential terms of the license contract for granting the rights to use the Game as a computer program.
2.4. Winner – the Participant of the Contest who took the actions listed in Section 3 of the Terms and Conditions of the Contest.
2.5. Prize – the physical prizes specified in the Clause 4 of the Terms and Conditions (1 PC, 5 PlayStation 5, 5 Xbox Series X, 10 custom Xbox controllers and 10 custom PlayStation controllers).
2.6. Contest Website – the website on which the Contest is held, operated by the Company and available at: https://playhawked.com.
2.7. Participant – any individual who meets the criteria specified in clause 3.3. of the Terms and Conditions of the Contest.
2.8. Partner – the legal entity named JMG Brands & Talents GmbH, with its registered office at: Sredzki str 59, 10405 Berlin, which is involved for delivery of the Prize.
3. PERIOD AND TERMS OF THE CONTEST
3.1. The Contest is held within the period of time from 16:00 February 15, 2024 until 23:59 March 06, 2024 (CET) during which the Participant shall fulfill the conditions for receiving the Prize and during which the Company or Partner will give out the Prizes. The general period of the Contest may be revised at the initiative of the Company, and the Company will notify the Participants of that in the order prescribed by these Terms and Conditions.
3.2. The conditions for receiving the Prize must be met by the Participant between 16:00 February 15, 2024 and 23:59 March 06, 2024 Amsterdam time. Prize will be sent by the Partner within three (3) months after Winners have provided Company or Partner staff with their shipping address. Company or Partner staff will contact Winners by either [1] email or [2] Discord direct message or by another way. If the Winner does not replay to the Company`s data request message in 30 (Thirty) calendar day, the such Winner would not get the Prize.
3.3. The following persons may not take part in the Contest:
employees and representatives of the Company, persons affiliated with the Company, family members of such employees and representatives, as well as employees and representatives of any other persons directly related to the organization or implementation of the Contest;
3.4. To receive the Prize, the Participant must meet the criteria specified in Section 3 of the Terms and Conditions of the Contest, and also be chosen randomly among Participants who completed one of the tasks described in the Contest Website and Clause 3.6. of the Terms and Conditions.
3.5. Participants need to perform all actions during the period of the Contest specified in the
Clause 3.1:
- must register on the Game;
- subscribes to the newsletter https://playhawked.com/en/subscribe;
- fills out a Google form to register for the drawing.
4. PRIZE POOL OF THE CONTEST
4.1. The prize pool consists of:
4.1.1. Prize 1: PC (total amount of Prize 1 – 1 (one) item).
4.1.2. Prize 2: PlayStation 5 (total amount of Prize 2 – 5 (five) items).
4.1.3. Prize 3: Xbox Series X (total amount of Prize 3 – 5 (five) items).
4.1.4. Prize 4: Xbox controllers custom-made with a unique HAWKED design (total amount of Prize 4 – 10 (ten) items).
4.1.5. Prize 5: PlayStation controllers custom-made with a unique HAWKED design (total amount of Prize 5 – 10 (ten) items).
The total amount of the prize pool – 31 (Thirty-one) items.
4.2. The value of the Prizes constituting the prize pool for the purposes of this Contest is not subject to monetary evaluation. Paying cash equivalent of the Prize value, as well as the exchange of the Prize, are not possible.
4.3. The Company reserves the right to involve partners in the Contest. In this case, giving out the prizes, as well as the payment of applicable taxes and fees, is conducted by and at the expense of the Company's partner.
4.4. The conditions and procedure for using the Prize are posted on the Contest Website.
4.5. The Winner has no right to hand over or otherwise dispose of the Prize (including the right granted to the Winner as a prize, including the right to having any service delivered) in favor of third parties.
4.6. At the discretion of the Company, providing services/granting exclusive rights, which are the Prize, to the Participants may be limited in time and/or space. Providing the Prize as part of the Contest is regulated, among other things, by the License, User, and other agreements regarding the use of the Game, to which the Participant is a party; in particular, on the grounds determined by the above listed and other agreements in relation to the use of the Game, providing services/rights to the Participant may be terminated as part of the Prize too.
4.7. At the same time, the Participant confirms and acknowledges that the scope of rights/services included in the corresponding Prize within the meaning of this paragraph is determined by the Company and can be changed by the Company until the Participant receives the right to the Prize (including the case when other Participants have already received the prizes with the initial/previous scope of rights/services).
4.8. The Prizes will not be given out if:
4.8.1. the Participant fails to comply with the Terms and Conditions of the Contest and/or the terms of the Game License Agreement;
4.8.2. there is a case of obtaining and/or attempting to obtain an Unjustified advantage and other unfair actions, the purpose of which is to unjustifiably receive the prize. The Unjustified advantage means the result of illegal, dishonest and/or other actions aimed at obtaining the prize or other advantage in the Contest by deception, forgery, blackmail, coercion, abuse, illegal obtaining of information, access to data, and/or violation these Terms and Conditions, including through the use of hardware/software tools not provided for on the Contest Page, as well as the use of technical/software and other vulnerabilities of the Contest Page allowing such actions to be taken. Such actions, in particular, include changing the code of the Contest Page, unauthorized access (hacking) to the data of the Contest Page, and other means of obtaining an Unjustified advantage. The fact of obtaining and/or receiving an Unjustified advantage is determined by the Company.
4.8.3.. the Participant does not comply with the requirements for the Participants provided for by these Terms and Conditions.
4.9. The Terms and Conditions of the Contest do not provide for the storage of the unclaimed Prizes and giving them out after the end of the period of giving out the Prizes.
4.10. The Participant can exercise their right to receive the Prize no later than specified in the Clause 3.2. of the Terms and Conditions.
4.11. The Prize is given out to each of the Winners within the period established by Section 3 (Clause 3.2.) of the Terms and Conditions of the Contest, by sending the Prize valid physical address of Winner which shall be made known to the Company.
5. THE METHOD AND PROCEDURE FOR INFORMING THE PARTICIPANTS ABOUT THE TERMS AND CONDITIONS OF THE CONTEST
5.1. The Participants of the Contest and potential Participants of the Contest will be informed about terms of participation through the Contest Website.
5.2. In case of extension of the Contest period, early termination of the Contest, increase in the prize pool or other changes, additional information is posted on the Contest Website.
6. RIGHTS AND OBLIGATIONS OF THE PARTICIPANT
6.1. The Participant of the Contest has the right to:
6.1.1. Get familiar with the Terms and Conditions of the Contest;
6.1.2. Take part in the Contest in the way determined by the Terms and Conditions of the Contest;
6.1.3. Demand the Prize from the Company if all the conditions of the Contest for receiving the Prize are fulfilled;
6.1.4. Receive information about changes in the Terms and Conditions of the Contest in the way specified in the Terms and Conditions of the Contest.
6.2. The Participant of the Contest is obliged to:
6.2.1. Ensure compliance with the Terms and Conditions of the Contest and the applicable law.
7. RIGHTS AND OBLIGATIONS OF THE COMPANY OF THE CONTEST
7.1. The Company has the right to:
7.1.1. Change the Terms and Conditions of the Contest or cancel the Contest. In this case, the Participants of the Contest are notified of changes in the Terms and Conditions of the Contest or the Contest being cancelled in the way specified in the Terms and Conditions of the Contest;
7.1.2. Suspend the Participant from participating in the Contest at any stage of the Contest if there are suspicions that the Participant (or a third party) violates the requirements of the Terms and Conditions of the Contest in the course of the Contest;
7.1.3. Use the unclaimed Prizes at their own discretion;
7.1.4. Avoid written negotiations or other ways of contacting the Participants of the Contest, except for the cases specified in the Terms and Conditions of the Contest or on the grounds of the current legislation of the Netherlands;
7.1.5. Refuse to give the Prize to the Participant or the Winner of the Contest respectively in case of violation of the Terms and Conditions of the Contest.
7.1.6. Deny the Participant access to the Contest Website if the Participant violates the Terms and Conditions of the Contest during participation in the Contest or if the Participant’s act or omission violates the Terms and Conditions of the Contest and/or the requirements of the current legislation of the Netherlands in any way.
7.1.7. Company has the right to engage third parties, including the Partner, for the delivery of Prize.
7.2. The Company is obliged to:
7.2.1 Carry out the Contest in accordance with the Terms and Conditions of the Contest;
7.2.2.Give the Prizes to the Winners of the Contest in accordance with the Terms and Conditions of the Contest.
8. ADDITIONAL TERMS
8.1. Each Participant of the Contest confirms that they are familiar with these Terms and Conditions, unconditionally accept their requirements, and guarantee their compliance with them during the entire period of the Contest.
8.2. The Participants of the Contest are obliged not to violate the rights of third parties by their actions, as well as to comply with the current legislation of the Netherlands when participating in the Contest, when posting comments, as well as when receiving the Prizes.
8.3. The Company of the Contest is not responsible for any direct or indirect losses of the Participants, including those associated with errors in telecommunication and energy networks, actions of malware, third-party actions aimed at unauthorized access to and/or sabotaging the software and/or hardware of the Company, as well as force majeure circumstances. The Company is not obliged to reimburse the Participants in such cases. The Company does not cover any expenses of the Participants, including the costs of paying for Internet services, telephone line, and other expenses that may happen in the process of participating in the Contest.
8.4. If for any reason any aspect of this Contest cannot be carried out as planned, including reasons caused by infection with computer viruses, Internet issues, defects, manipulations, unauthorized interference, falsification, technical problems or any reason beyond the control of the Company that distorts or affects the safety, honesty, integrity or proper implementation of the Contest, the Company may, at their sole discretion, cancel, terminate, modify or temporarily discontinue the Contest, or invalidate any affected applications for participation in this Contest.
8.5. Personal data of the Participant will be processed in accordance with the Privacy Policy, accessible at https://documentation.my.games/terms/mygames_privacy, subject to the limitations that follow. The Company ensures the Participant, that the data (namely: last name, first name, patronymic, email address, information about social media accounts, phone number, date of birth, profile picture) will be processed solely for the purposes ensuring that the Contest is carried out in accordance with these Terms and Conditions. Personal data can be processed by the Company only for the period necessary to conduct the Contest, but in any case no more than for two months from the date such personal data was provided. The following actions can be applied to the Participant's personal data: collecting, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, depersonalization, blocking, deleting, extermination. The Participant has the right to withdraw their consent to processing their personal data given in accordance with this paragraph of the Terms and Conditions.
8.6. If the Participant has not reached the legal age, the consent to processing personal data of such a Participant is given by the legal representatives (parents) of such a Participant. Fulfillment of the conditions specified in clause 8.5 of these Terms and Conditions means that the legal representative of the Participant knowingly, freely, acting out of their own free will and in their interest, gives the Company informed and conscious consent to processing their personal data/personal data of such a Participant in the way specified in clause 8.5 of these Terms and Conditions.
8.7. The Company's decisions on all issues associated with carrying out the Contest are final and not subject to revision.
8.8. All controversial issues related to this Contest are regulated according to the current legislation of the Netherlands and resolved at the location of the Company.
8.9. During the period of the Contest, the Terms and Conditions will be posted on the Internet on the Game website at: https://playhawked.com/news/78.
