[Contest] Happy Birthday Elsword!

Terms and Conditions

The following conditions govern the execution of the Elsword Anniversary Community Contest (hereafter the 'contest'), hosted by Gameforge 4D GmbH, Albert-Nestler-Strasse 8, 76131 Karlsruhe, Germany (hereafter 'Gameforge').

1. Eligibility, Participants and Participation

(1) Participation in the contest is free. All users who are of age, who comply with the requirements of the General Terms and Conditions, and who have a personal, active account (hereafter 'account') for elsword.gameforge.com are eligible to enter.

(2) A 'participant' is anyone entitled to participate as per paragraph 1 who adheres to the participation requirements as per paragraph 3 between 29/11/2018 and 16/12/2018, 11:59 PM CEST (hereafter the 'participation period').

(3) The object of participation is the independent creation of a hand-drawn or computer-aided graphic with recognisable reference to the online game Elsword on the subject of 'Elsword Anniversary' (hereafter 'work') and the submission thereof within the participation period in accordance with the following requirements (hereafter 'entry'):

a) The work is submitted in .jpg, .tiff, .bmp, .psd, or .png format with a maximum file size of five MB and is free of third-party rights.

b) The entry is submitted via the email address belonging to the account, along with the subject 'Elsword Anniversary' to international-contest@elsword.de.

c) Further, the email should also contain the game server and the character name belonging to the account of the participant, and information should be provided concerning by which copyright identifier the participant should be named if they win, as in the content of the presentation as the creator of the work. If they decline to share any such identifier, the participant hereby categorically gives their consent that the character name and game server provided will be sufficient as copyright identifier. If a creator designation is to be completely forgone, then the participant can indicate this as part of the entry.

(4) Each participant is permitted only one entry. Entries submitted outside of the participation period as well as multiple entries, including entries linked to different accounts will not be considered.

2. Winners and Prizes

(1) Gameforge will select a total of 10 works from amongst all eligible entries based on their respective creativity. The 'winners' are those participants who created these selected works.

(2) Gameforge will announce the winners by 21/12/2018 on the internet sites (including the Elsword Steam page) and on the social networks maintained by Gameforge (together the 'Gameforge sites') using the winners' character names and game servers, and inform them that they have won via an email sent to the email address used for the entry (hereafter 'announcement').

(3) The winners will receive prizes as part of the contest announcement. Each prize will be dispatched from 29/12/2018 by a delivery service provider (hereafter 'service provider') commissioned by Gameforge, and requires the provision of a valid postal address (hereafter 'address') within the European Economic Area. Winners whose address is outside the European Economic Area, will only receive the digital contents of each prize. Gameforge will ask the winners in the announcement to send in their addresses and an indication of the desired prize in response to the corresponding announcement up to 28/01/2019 at the latest (hereafter 'response'). Responses that Gameforge receives late or does not receive will result in the loss of a claim on the respective prize. To the extent that the prizes concern the receipt of digital content, this will be added to the account of the respective winner shortly after receipt of the response.

(4) The prizes are deemed to have been awarded to the winners by Gameforge with the handover of the prizes to the service provider. If a prize cannot be delivered as the result of an erroneous address supplied by the winner, this will be at the expense of the affected winner.

(5) Lastly, in recognition of the creative services of the winners, Gameforge will present the works they have submitted on the Gameforge sites and label them as per no. 1 para. 3(c)) (hereafter the 'presentation').

(6) A cash payment or payment of the prizes in physical goods or rather the exchange and/or transference to a third party is also not permitted.

3. Rights of Use and Indemnity

(1) To the extent necessary for the purpose of participation in the contest, Gameforge grants the participant the free-of-charge, non-exclusive right to make use of the required elements of the online game Elsword.

(2) For the purposes of the presentation, the participant grants Gameforge the free-of-charge, non-exclusive and irreversible right to use the respective work without limitation of time and place. This includes the rights of exploitation and reproduction, as well as the right to make the work publicly available and grant usage rights to third parties, in so far as this is necessary within the context of the presentation.

(3) By submitting their entry, the participant provides assurance that they produced the work themselves, guarantees that this does not infringe on the rights of third parties and indemnifies Gameforge against all claims from third parties based on the infringement of third party rights in connection with the work.

4. Privacy

(1) Gameforge will retrieve, process and use the provided personal data of each participant (this includes the core data of the account, including but not exclusive to the associated character name, the email address and the address provided by the winners plus as per No.1 para. 3(c)) within the scope of the applicable legal data protection requirements and exclusively for the purposes of holding the contest (this includes the review of the right to participate and compliance with the participation conditions, as well as potentially for the deliver of prizes and the associated transmission of the address to the service provider, the delivery of the announcement as well as the associated announcement, as per No. 1 para.3(c), of the chosen copyright identifier of the winners on the Gameforge sites).

(2) The personal data collected will initially be stored for the duration of the contest and then subsequently deleted. This excludes the as per No. 1 para. 3(c) chosen copyright identifiers publicised as part of the presentation on the Gameforge sites that are stored permanently primarily for reasons of transparency. To the extent that legal storage requirements stipulate more long-term storage, the affected data will be deleted at the latest following the expiry of such a storage obligation.

(3) Further information on the handling of personal data by Gameforge can be found within the Privacy Policy (see in particular point 3.9 for the holding of contests and the significant legal bases for the associated processing of this as well as point 6 on the rights of the affected person).

5. Disclaimer

Gameforge, its bodies, employees, and subcontractors are liable exclusively for wilful intent and gross negligence, regardless of legal basis, and in cases of ordinary negligence, only for the violation of essential contractual obligations and limited to foreseeable damages, as far as not precluded by other compulsory statutory provisions. These limitations do not apply for the loss of life, personal injury or damage to health.

6. Final Provisions

(1) The participant agrees to these Terms and Conditions by submitting their entry.

(2) In addition to these Terms and Conditions, the General Terms & Conditions also apply (together the 'rules').

(3) Should a participant infringe upon the rules during the implementation and execution of the contest, or such an infringement is proven thereafter, their eligibility may be revoked.

(4) Gameforge reserves the right to end the contest before the end of the participation period, if for technical or legal reasons its proper execution cannot be guaranteed. In the event that any individual provisions of these Terms and Conditions become ineffective, the remaining provisions shall remain effective and binding. The unenforceable provision shall be substituted for the relevant statutory provision.