COMPANY OF HEROES 2™
‘WAR PAINT’ COMPETITION
THERE IS NO PURCHASE NECESSARY TO PARTICIPATE IN THIS PROMOTION OR TO WIN ANY PRIZE.
(1) Description of Prize Draws: Sega Europe Limited (the "Sponsor") is offering a "Prize Giveaway" (the "Promotion") relating to the video game titled “Company of Heroes 2™” (the “Game”) and will award prizes based on judging all eligible entries against the criteria established in these terms and conditions (the “Official Rules”).
The Promotion begins at 00:00am Greenwich Mean Time (“GMT”) on 2 January 2016 and will continue for the duration of the COH2: War Paint Campaign (the “Campaign”) or such other time and date to be decided in the Sponsor’s sole discretion ("Promotion Period").
(2) Eligibility: In order to be eligible for the Promotion, you must:
(i) not be legally resident in any countries currently under sanction by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury to include: Balkans, Belarus, Burma, Central African Republic, Cote d’Ivoire, Cuba, DR of the Congo, Iran, Iraq, Liberia (the former regime of Charles Taylor), Lebanon, Libya, North Korea, Somalia, Sudan, Syria, Yemen, and Zimbabwe. Please note that the list of sanctions countries can change at any time – the most up-to-date list is at http://www.treas.gov/offices/enforcement/ofac/programs;
(ii) be 18 years of age or older at the time of entry;
(iii) purchased or otherwise obtained a copy of Game provided to you at no cost by the Sponsor in accordance with the conditions stipulated in clause 5 of these Official Rules (the “Game”)
(iv) maintain and operate a valid Steam™ account with access to the Steam™ Workshop (“Steam Workshop”), with such account being operated and maintained by Valve S.a.r.l or Valve Corporation (“Valve”) in accordance with Valve’s terms and conditions for which Sponsor takes no responsibility.
(v) maintain and operate a valid Polycount account and access Polycount’s COH2 Campaign page, with such account being operated and maintained by Polycount in accordance with Polycount’s terms and conditions for which Sponsor takes no responsibility.
(vi) follow any other entry requirements specified in these Official Rules for the Promotion,
(together, the “Entrant”).
Promotions are void anywhere it is prohibited by law, rule or regulation. Any entrants who are not eligible for the Promotion can be disqualified at the Sponsor’s sole discretion. Employees, officers and representatives (and members of their immediate families and those living in the same household of each) of the Sponsor, 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 (the “Promotion Entities”).
(3) Your Submission: The Sponsor requires Entrants to create vehicle skins (“Skins”) for the iconic vehicles used in the Game. Entrants must submit their skins in accordance with all of the following requirements (your “Submission”):
(i) Skins must fit into one of the four categories to be eligible for selection:
Give them metal teeth, metallic horns, silver scales, or copper claws. Make them look like robotic monsters.
“Alive, living and breathing”
Think H.R. Giger, The Blob or Clive Barker. Machines made not so much of metal but flesh. Organic-looking and potentially disgusting.
“They don’t make them like they used to”
What if tanks and other war machines were made out of precious materials and benefitted from some incredible craftsmanship – such as rare wood, golden leaves, adornments, bas-relief and other details that would not look out of place on an Egyptian chariot.
“The real stuff”
Inspired by historical events of WWII.
For the avoidance of doubt, the descriptions provided by Sponsor for each of the categories above are to provide inspiration to the Entrants only and no third party intellectual property should be used by Entrants without permission in their Submission. Entrants must ensure that they have obtained permission Where third party intellectual property has been used, Sponsor may request the Entrant to provide evidence of such permission and the failure to provide the necessary evidence to the satisfaction of Sponsor at its sole discretion shall render the Submission invalid;
(ii) Entrants must create a set of original patterns for one selected faction which shall include a text for each vehicle within the faction. Factions contain as few as 11 and as many as 18 vehicles. The following factions are available to reskin:
a. British Forces - 11 Vehicles
b. United States Forces – 18 vehicles
c. Soviet Union - 15 vehicles
d. Germans (Eastern Front) 15 vehicles
e. Oberkommando West (2nd German faction) - 14 vehicles
Sponsor may add or remove Factions available to reskin during the course of the Campaign at its sole discretion;
(iii) All Entrants must create and maintain a Work-In-Progress (WIP) thread on the Polycount website within the Promotion page – http://polycount.com/categories/company-of-heroes-2%3A-war-paint-contest (“Polycount WIP”);
(iv) All final versions of the Submission must be submitted to the Steam Workshop page for the Game available here https://steamcommunity.com/workshop/browse/?appid=231430.
Your Submission must be in accordance with any
technical requirements specified by the Sponsor (“Technical Requirements”).
Technical Requirements shall be specified on the Campaign Wiki page available
The Sponsor may update the Technical Requirements from time to time by publishing an update to the Wiki page.
(vi) Your Submission must be totally original and created by you.
(vii) You must agree to enter into the contributor release form set out in the Schedule.
(viii) Entrants may create a Submission as a group of two or more contributors provided always that you have obtained permission to the grant of license in clause 5 from all contributors and that all contributors agree to enter into the contributor release in the form set out in the Schedule. Each contributor must also be identified in the Submission to the Steam Workshop in order to receive their share of any prize.
(ix) Sponsor may specify a deadline date for the final Submission to be submitted to the Steam Workshop in which case any entries received after this date shall be invalid. Sponsor may at its sole discretion modify the deadline date at any time for any reason.
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 Game assets provided to you by Sponsor 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);
(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. Submissions received for a given promotion are eligible only for that promotion and will not be "rolled forward" for inclusion in any subsequent promotion.
(4) Multiple Entries: There is no limit to the number of different times you can enter this Promotion, however, each Submission must be new and completely different from any previous Submission and made in accordance with the Submission requirements stipulated in Clause 3 above. Each Submission must be submitted as a separate entry with a separate Polycount WIP and submission on the Steam Workshop.
(5) COH2 Game: In order to participate in this Promotion, you will need to have already purchased a copy of the Game or obtain a copy of the Game at no cost from the Sponsor. In order to obtain your free copy of the Game, you will need to do the following:
(i) Create and maintain an active Polycount Account;
(ii) Create a Polycount WIP containing the Submission; and
(iii) Request a Steam key code for the Game by sending an email with a link to the Polycount WIP thread to the following email address: email@example.com
Following receipt of the email, the Sponsor will verify your request for a free copy of the Game and provide further instructions on how you can redeem your copy of the Game. The Sponsor has the discretion to reject any requests for a Steam key code and/or deactivate the Steam Key code for the Game if the Entrant fails to adhere to the Official Rules, fails to show sufficient progress with their Submission and/or fails to submit the final Submission to the Steam Workshop to be determined at the Sponsor’s sole discretion.
Provided that the Submission has been submitted in accordance with the Official Rules, the Entrant may retain their copy of the Game following the expiry of the Promotion irrespective of whether the Entrant’s Submission is selected for a prize by the Sponsor.
Entrant’s use of the Game shall be in accordance with the End User License Agreement for the Game, together with any other terms which the end user is required to accept in order to activate and play the Game.
(6) Right to Use Submission: By entering the Promotion, you agree that you are giving Sponsor the right to post your Submission (or any assets thereof) on its website, social media platforms and/or any other public websites where it maintains accounts.
Additionally, by entering the Promotion and submitting your Submission to Sponsor, Polycount and the Steam Workshop, you acknowledge and agree that you are granting Valve, Polycount, Sponsor, and their affiliates, the worldwide, non-exclusive, royalty-free (except where the Submission is awarded a Prize in accordance with these terms), right to use, reproduce, modify, create derivative works from, distribute, sell, transmit, transcode, translate, broadcast, publicly display, publicly perform, and otherwise exploit your Submission and derivative works of your Submission, in the Game, on the Polycount Website, the Steam Workshop in connection with this Promotion. The grant of the license includes, but is not limited to the right for Sponsor and Valve to exploit your Submission for commercial (including but not limited to the exploitation of the Submission as downloadable content for the Game) or non-commercial purposes, together with your name, photograph and/or likeness, written or oral statements, biographical information and other material for advertising and promotional purposes in all media worldwide and in perpetuity without additional compensation in accordance with the contributor release in the Schedule. All participants hereby agree to enter into the contributor release in the form set out in the Schedule.
(7) Prize: The Promotion will have an indeterminate number of winner(s) from all eligible Entrants who will be selected by a panel of judges at the absolute discretion of the Sponsor (“Judging Panel”) to receive one of the following prizes:
(i) Winners will have their skins which comprise the Submission added to the Game available to download by end users free of charge; or
(ii) Winners will have the skins which comprise the Submission sold as downloadable content from the in-game store and shall receive thirty percent (30%) of the revenue received in respect of such sales (less any fees or other charges paid to Valve) (“Item Revenue”), subject to the Entrant providing to Valve all necessary banking and tax information by submitting a form on the Company of Heroes 2 Steam workshop page. Any payments of the Item Revenue to the Winners shall be made in accordance with Valve’s terms and conditions. Sponsor shall not be held liable for any delays in payment of the share of the Item Revenue to Winners.
The Sponsor makes no guarantee that winning Submissions will be sold as downloadable content from the in-game store and any items may be removed from the in-game store by Sponsor at any time, for any reason. Sponsor may also combine the items which comprise your Submission with items from another Submission, in which case any Item Revenue to be paid to the winning Entrants shall be split between the additional winning Entrants in such amounts as to be determined by the Sponsor at its sole discretion. In the event of a Submission by a group of contributors, the Item Revenue will be shared between the contributors in equal parts provided that those contributors have been correctly identified in the Submission form on the Steam Workshop.
In the event that any Submission is deemed to violate any of the Submission requirements specified in paragraph 3, irrespective of whether such determination is made by Sponsor after the sale of the item in the in-game store, the item will be removed from the store and there shall be no obligation for the Sponsor to pass on any Item Revenue received from such sales to the Entrant. . Sponsor reserves its rights to take further legal action against the Entrant in the event that the Submission infringes any third party rights and the Sponsor suffers losses as a result of this and/or the removal of the item from the Game and/or the Steam Workshop (including any resulting refunds to end users that have already purchased the item).
(8) Prize Awarding: Submissions will be judged by the Judging Panel and will be judged and weighted in accordance with such criteria to be determined by the Judging Panel at its sole discretion. The following factors may be taken into account by the Judging Panel:
(i) creative, fresh, engaging and innovative Submissions;
(ii) the level of promotion of the Submission on Steam workshop by the Entrant; and
(iii) the popularity of the Submission as determined by the number of “upvotes” on the Steam Workshop.
The decisions of the Judging Panel in all matters relating to this Promotion are final. If Submissions of inadequate quality are received, Sponsor reserves the right in its sole discretion NOT to determine any Submissions as winners. The judging process will be conducted on an ad hoc basis throughout the course of the Campaign.
Potential winners will be contacted by the email address associated with their Steam account to confirm any prize acceptance and the process for acceptance of any Prizes. Potential winners will have five (5) business days to respond to the prize notification email with the requested information. Failure to respond within this time frame or without the requested information may result in disqualification, forfeiture of the prize and the selection of an alternate winner. Return of prize notification email as undeliverable will result in disqualification, forfeiture of the prize and the selection of an alternate winner.
Prize recipients shall not be permitted to (a) replace his/her designated prize with another prize or item, (b) transfer or assign his/her designated prize to another person, or (c) substitute any prize or prize component for cash. In the event of unavailability, Sponsor reserves the right to substitute a prize of equal or greater value.
(9) Reservation of Rights: All intellectual property rights in all materials provided by Sponsor to you or otherwise created or developed by Sponsor for the purposes of the Promotion, Campaign and/or the Game (included but not limited to any copies of the Game, modding tools, in-game assets, and any trade marks and logos created for the Promotion which you may be provided with permission to use in relation to the Promotion) (the “Campaign Materials”), and any goodwill associated with them, shall remain the property of the Sponsor (and or its third party licensors) and you shall not be entitled to claim any rights or ownership in any of the above before, during or at any time after the Promotion and will not register or seek to have registered any trade mark, trade description, manufacturing symbol, copyright slogan, design or other property which is similar to or the same or an imitation thereof. The Sponsor hereby grants you a non-exclusive, non-transferable, revocable, limited licence to use the Campaign Materials solely for the purposes of your participation in the Promotion in accordance with the Official Rules specified herein.
(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 authorised account holder of the Steam account regardless of 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) You acknowledge that Sponsor is not responsible for the operation of the Steam and Polycount websites and services and your use of such services shall be at your own risk and in accordance with any terms and conditions required by Valve and Polycount.
(iii) 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.
(iv) Without in any way limiting, expanding or amending these Official Rules, and the End User Licence Agreement for the Game, for which such terms 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.
(v) Past experience has shown a promotion such as this one may generate similar submissions which closely resemble concepts and ideas developed by the Promotion Entities whether before, during or after the Promotion and which may seemingly incorporate an idea or concept or include materials similar to that contained in the Entrant’s Submission. Any similarity may be purely coincidental and is always unavoidable in light of the volume of ideas that the Promotion Entities 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.
(vi) 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.
(vii) 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.
(viii) Notwithstanding the payment of any Item Revenue to Winners, nothing in this Promotion is intended to nor shall it create any partnership between the Entrants and Sponsor nor any relationship of employer and employee nor any exclusive relationship between the Entrants and Sponsor.
(11) Release: By participating in the Promotion, all Entrants release Valve, Polycount and the Sponsor and their 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) exploitation of the Submission by commercial or non-commercial means, (iii) 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 use of the Game, Steam Workshop tools or any other Modding tools provided by the Sponsorthe 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.
The Entrant shall 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, Game, Steam and the Steam Workshop, Polycount or Modding tools used to administer any aspect of the Promotion becomes technically corrupted.
(13) 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 jurisdiction of the courts of England.
Sponsor: SEGA Europe Limited, 27 Great West Road, Brentford, Middlesex
TW8 9BW, UNITED KINGDOM.
© SEGA. SEGA, the SEGA logo, Relic Entertainment, the Relic Entertainment logo, Company of Heroes and the Company of Heroes logo are either trademarks or registered trademarks of SEGA Holdings Co., Ltd. or its affiliates. All rights reserved. SEGA is registered in the US Patent and Trademark Office. All other trademarks are the property of their respective owners.
SCHEDULE – CONTRIBUTOR RELEASE
Permission to exploit my Submission to the Campaign
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 as part of the Company of Heroes™ 2: War Paint Campaign (“Campaign”) relating to the video game titled “Company of Heroes 2” (the “Game”).
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 agree to the use of my Submission and 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 use, reproduce, modify, create derivative works from, distribute, sell, transmit, transcode, translate, broadcast, publicly display, publicly perform and otherwise exploit any and all of the intellectual property relating to the Submission, and/or image (including my name, and/or voice and/or likeness) 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 games, on the Steam Workshop (including but not limited to the exploitation of the skins which comprise my Submission as free or sold downloadable content from the Steam Workshop or in-game store for the Game), printed publications, presentations, promotional materials, in the advertising of the Company's goods or services (including, without limitation, the promotion and marketing of the Campaign) or on the Company's website or any other third party websites (including but not limited to social media websites) and within the Steam™ Workshop in its original format or edited or altered in any way which the Company deems appropriate (“Specified Purposes”),, and irrevocably and unconditionally waive the benefits of any provision of law known as "moral rights" (including without limitation under Sections 77 to 85 inclusive of the 1988 Act) or any similar laws of any jurisdiction in relation to the Submission now or hereafter brought into force;.
2. I acknowledge and accept that by submitting the Submission to the Steam Workshop, the exploitation of my Submission shall also be governed by terms and conditions of the Steam Subscriber Agreement http://store.steampowered.com/subscriber_agreement/ which may be updated by Valve from time to time. I understand that the Sponsor is not responsible for the exploitation of my Submission by Valve on this platform.
3. I hereby agree to execute any and all deeds and documents and take such steps reasonably required by the Company as necessary to secure to Company the rights hereby granted to the Company.
4. I do not object to the Company:
(a) storing copies of the Submission or storing my contact details on its internal systems for as long as it deems reasonably necessary; or
(b) transferring the Submission 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 (including but not limited to transferring the information to Relic Entertainment Limited located in Vancouver, Canada).
5. 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 Submission.
6. I understand that the Company is under no obligation to use the Submission. I also understand that I have no right to approve or inspect any use of the Submission prior to any such use. For the avoidance of doubt, I acknowledge that the Company shall have final editorial control in respect of the Submission and may edit, modify and creative derivative works from my Submission for its own purposes without any requirement to obtain my consent including for its incorporation within the Game or promotion of the Submission on any website (including the Steam Workshop).
7. To the extent that such information is not published by the Company or Valve, I agree to keep confidential all details connected with the Submission (including but not limited to any discussion relating to the exploitation of the Submission on the Steam Workshop or within the in-game store for the Game or any other form of exploitation by the Company. 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 Campaign which would be likely to adversely affect the Company’s reputation or goodwill, or discredit the Company.
8. I warrant that my Submission contains original work created by myself or together with other contributors, that the Submission is not subject to any liens, charges or other encumbrances, and that any use or other exploitation of the Submission by or on behalf of the Company will not infringe any rights whatsoever of any third party;
9. 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.
10. This agreement contains the entire understanding and agreement by the parties and may be varied only in writing by the parties.
11. The Company shall be entitled to assign the benefit of this agreement.
12. 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.