COMPANY OF HEROES 2

WAR PAINT CHAMPIONSHIP SERIES PROMOTION


These terms describe the War Paint Championship Series promotion (“Promotion”) and the prizes which will be available to winners of the tournament and/or purchasers of War Paint Skins.


(1) The War Paint Tournament


  1. Registration for the War Paint Championship Series tournament (the “Tournament”) will open on 29 July 2016 and will require participants to register their details with the Battlefy website here: www.battlefy.com. Participants will also need to agree to Battlefy’s Terms of Service (https://battlefy.com/terms-of-service) and Privacy Policy (https://battlefy.com/privacy-policy).


  1. Each Tournament event shall take place in accordance with the below dates, however these dates may be modified by Sega in its sole discretion at any time for any reason.



Any participants who finish in the top eight (8) positions of Qualifier Round 1 shall not be permitted to compete in Qualifier Round 2.


  1. The rules for the Tournament shall be available to read here: http://legal.relic.com/1v1-tournament-rules (“Tournament Rules”). Any users found to be in breach of the Tournament Rules shall be disqualified from the Tournament at the sole discretion of Sega.


  1. In order to be eligible for the Tournament, participants must adhere to the following requirements:


  1. 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;



  1. employees, officers and representatives (and members of their immediate families and those living in the same household of each) of Sega, 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;



  1. be 18 years of age or older at the time of entry;


  1. maintain and operate Company of Heroes 2 (the “Game”), a valid email account, Steam™ account and Battlefy account; and


  1. follow any other entry requirements specified in the Tournament Rules.


  1. if Milestone 5 is achieved, participants must be able to attend and compete in the Grand Finals at Relic Entertainment’s Studio in Vancouver, Canada.


(v) There shall be a total of sixteen (16) participants that qualify from the Qualifier Rounds and shall be joined by sixteen (16) participants selected by Sega in its sole discretion from other tournaments, including but not limited to top ranking players from ESL North America and ESL Europe.


(vi) There will be three (3) overall winners of the Tournament that will be due the following amounts from the Prize Pool, which shall vary depending on revenue generated from total sales of War Paint skins before and during the Tournament up until the commencement of the Semi Finals. The winners shall be paid their share of the Prize Pool by Sega within thirty (30) days following receipt of valid bank account details and any other information required by Sega in order to verify and process the payments. The Prize Pool may be modified at the sole discretion of Sega:


Milestone 1

Prize Pool

Milestone 2

Prize Pool

Milestone 3

Prize Pool

Milestone 4

Prize Pool

Milestone 5

Prize Pool

Milestone 6

Prize Pool

(2) Purchasers of War Paint Skins/Contributors


All purchasers of any of the War Paint Skins in the Game’s in-game store by or before 4 September 2016 (referred to herein as “Contributors”) shall also be eligible to receive the following prizes or promotional discounts:


Milestone 1 (Default)

Milestone Rewards:


Milestone 2


Milestone 3

Milestone Rewards:


Milestone 4


Milestone Rewards:

(3) Prize Draws


Where any prize draw or giveaway involves in-game items, all individuals will receive their winning in-game prize to the registered Steam account. 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, Sega reserves the right to substitute a prize of equal or greater value. In the event of a dispute regarding the identity of any individual winner, the prize will be awarded to the authorised account holder of the Steam account regardless of the individual who submitted the submission.


(4) T-shirt Design Competition (if applicable)


Your submission (“Submission”) must be totally original, created by you, and be suitable for general audiences.


Your Submission must NOT:


  1. 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 terms;


  1. 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 Sega as necessary for the participation in this Promotion;


  1. contain any resemblance to a recognizable third party brand, character or personality (other than the Contributor);


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


  1. contain any religious imagery;


  1. 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


  1. 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.


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 above. Each Submission must be submitted as a separate entry.


By entering this promotion, you agree that you are giving Sega the right to exploit your Submission (or any assets thereof) on its website, social media platforms and/or any merchandise and agree to the terms of the contributor release in the Schedule.


(5) General


(i) Sega 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. The authorised account holder is the natural person who is assigned to the account and that is responsible for the email addresses associated with the account. Sega reserves the right to void entries, which in its sole determination, are irregular, incomplete, inaccurate, do not comply with these terms or have been generated with abusive and/or duplicitous intent including but not limited to false or multiple email addresses.


(ii) You acknowledge that Sega is not responsible for the operation of the Battlefy and Steam 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 Battlefy and Steam.


(iii) By participating in this Promotion, you (a) agree to comply with and be bound by these terms and the decisions of Sega which are final and binding in all respects; (b) agree to release Sega 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 Sega, 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 Sega 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 terms, and the End User Licence Agreement for the Game, for which such terms shall remain in full force and effect, if Sega is duly notified that any element of a Contributor’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 Sega may determine in its sole discretion. Further, no Contributor will be eligible to receive a prize unless Sega determines, in its sole and absolute discretion, that such Contributor’s Submission has been or can be sufficiently cleared for legal purposes and such Contributor has complied with these terms.

(v) Past experience has shown a promotion such as this one may generate similar submissions which closely resemble concepts and ideas developed by Sega whether before, during or after the Promotion. Contributors 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 Sega routinely considers in the course of its content development. Consequently, the Contributors agree that: (a) Sega 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 Sega and will not be returned.


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


(vii) Sega 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, 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 a Contributor to interfere with the operations of this Promotion is a violation of criminal and civil laws; Sega reserves the right to seek damages from any such Contributor 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 Sega which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sega reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion.

(6) Release: By participating in the Promotion, all participants release Valve, Sega, Battlefy 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) acceptance, possession, use of misuse of or defect in the prizes; (iii) any injury or damage to a Contributor’s or third person's property related to or resulting from the use of the Game, 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 a Contributor’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 SEGA’S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE.

The participants shall indemnify Sega in respect of all actions, proceedings, claims, damages, expenses and liability whatsoever which may be made or brought against or suffered or incurred by Sega in consequence of any breach of these rules. Sega reserves the right to modify or cancel the Promotion in the event that any portion of any website, Game, Steam Workshop, Battlefy, Twitch or other systems used to administer any aspect of the Promotion becomes technically corrupted.


(7) Data Collection: Sega may collect personal information from you when you enter the Promotion.  By entering the Promotion, you agree to all of the terms and conditions of Sega’s Privacy Policy.  For information about how personal information may be used, see Sega’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 jurisdiction of the courts of England.


Sega: SEGA Europe Limited, 27 Great West Road, Brentford, Middlesex
TW8 9BW, UNITED KINGDOM.


© SEGA. SEGA, 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 use my Submission

I understand that SEGA Europe Limited with registered offices at 27 Great West Road, Brentford, Middlesex, TW8 9BW, United Kingdom (the Company) wishes to use my Submission as part of the Promotion.

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 intellectual property (including my name, and/or voice and/or likeness) in my Submission 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 Promotion) or on the Company's website or any other third party websites (including but not limited to social media websites) (“Specified Purposes), in its original format or edited or altered in any way which the Company deems appropriate.



  1. I grant 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 my submission and I irrevocably and unconditionally waive in perpetuity all moral rights that may be vested in me in respect of my submission.


  1. I do not object to the Company:

      1. storing copies of the Submission 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 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.

  1. 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.



  1. 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.


  1. I agree to keep confidential all details connected with my Submission and its use in the Promotion and any 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 Promotion which would be likely to adversely affect the Company’s reputation or goodwill, or discredit the Company.


  1. 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.


  1. This agreement contains the entire understanding and agreement by the parties and may be varied only in writing by the parties.


  1. The Company shall be entitled to assign the benefit of this agreement.


  1. 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.