General conditions of participation for gamescom characters of Koelnmesse GmbH
– for fans of the gamescom Instagram, facebook and Twitter pages who submit a photo
- Subject matter
Organiser and contractual partner is Koelnmesse GmbH, referred to as Organiser or Koelnmesse in the following. Koelnmesse GmbH has commissioned rheinfaktor, Agentur für Kommunikation GmbH, Zollstockgürtel 57, 50969 Cologne, with the processing.
These general conditions of participation and data protection instructions regulate participation in the “gamescom character” contest of gamescom, a trade fair event of Koelnmesse GmbH, Messeplatz 1, 50679 Cologne (referred to as “Organiser” in the following) by participants, as well as the collection and usage of the data collected from or provided by participants.
With their participation in the contest, participants accept these general conditions of participation and data protection instructions.
- Persons authorised to participate / participation
Participation in the “gamescom character” contest presumes that the person has reached the age of 18. With registration, the participant confirms that he or she has reached the age of 18. Persons not authorised to participate also have no claim to a prize in the event they are awarded one. Only personal registrations are permitted.
Those who submit a photo of a completely new created figure can participate in the context. The photo should present an interpretation in response to the question “If gamescom were a game character, a superhero or another character, what would it look like? What would be its secret superpower?” This can be a photo of a costumed person, a painted, crafted or graphically designed character that is completely new. Each participant may submit as many photos as they wish.
The figure shown may not be based on existing characters, either in whole or in part. The photos may also not include the following content:
- Explicit representation of violence
- Pornographic content
- Discrimination of minorities
The photo may be submitted through the following channels:
- facebook: as a comment on one of the contest posts or by direct message to the gamescom facebook page
- Twitter: via reply to a contest Tweet, by direct message to the gamescom Twitter channel or by Tweet with the hashtag #gamescomcharacter
- Instagram: as a post with the hashtag #gamescomcharacter or by direct message to the gamescom Instagram channel
With the submission of the photo, the participants declare that they possess all existing rights to the image they are publishing and consent to the publication of the image and the information provided about the image in accordance with number 3. The same applies to unlimited publication and usage offline. Each participant may submit as many photos as they wish.
- Usage rights, approval and responsibility
a. The participants declare their consent to their submissions being used, distributed or made otherwise publicly accessible to third parties by the Organiser in online and offline media (Instagram, facebook, Twitter, as well as in other media, e.g. in advertising films, videos or books and brochures and in the Internet) in connection with the contest, the draw, processing and presentation of the participant contributions . To this purpose, the Organiser is also allowed to process the submissions and to grant third parties rights to usage where this is necessary. This granting of rights takes place at no charge and without spatial, content or chronological restrictions.
b. The participants assure that no rights of third parties will be violated by the publication of the photos. The participant exempts Koelnmesse GmbH from the claims of third parties arising from the violation of such rights and from the costs of prosecution.
c. Koelnmesse reserves the right to immediately delete obscene, defaming, insulting or slanderous photos and to exclude the participant from participation. In addition to this, Koelnmesse will not consider the corresponding participant in the competition in the event of technical manipulation or other violation of these general conditions of participation. Technical manipulation includes, among other things, the creation of several social media profiles by one and the ´same person. In such cases, the prize can also be retroactively revoked and a substitute winner drawn. Each participant can only win one prize.
d. To the extent that rights of usage exist for the work results for third parties involved in the development and production of the advertising, including the rights to models, photographs and graphics, the participant also transfers these rights to Koelnmesse and provides an independent guarantee that these transfers of rights listed for all types of usage are in effect. The participant assumes responsibility for the effective acquisition of such rights of usage of third parties. The participant shall be liable for any rights that have not be transferred.
e. The participant assures that he possesses all rights to the contest submission necessary for the granting of rights in accordance with number 3 and that these are free of the rights of third parties.
The promotion begins on 01.02.2016 and ends on 18.03.2016 at 11:59 p.m. Deadline for submission is 18.03.2016 at 11:59 p.m. Participation following expiration of the deadline for submission is not possible; photos submitted subsequent to this date can no longer be considered.
- Determining the winners
The jury will make a selection from among the persons who have submitted photos through the channels named under number 2. The jury consists of:
- Maja Felicitas
- Oskar Pannier
- Soe Gschwind
- Nino Kerl
- Der Blitz
Each jury member initially chooses 10 favourites. The five jury members then compose a top 15 from the total of all top 10 favourites. This top 15 is evaluated by the facebook community in a final round. The community votes in the official gamescom facebook app for their favourites. Every facebook fan can vote for any number of “gamescom characters”. However, only one vote per person and “gamescom character” is possible (multiple voting, for example, by creating multiple facebook accounts is not possible). The three submissions with the most votes will win in accordance with their positioning within the community voting.
The jury also names an additional jury winner from its top 15.
- Notification of winners
The winners among the participants who have submitted one or more photos will be informed by direct message at facebook, Twitter or Instagram following the determination of the winners by the respective official gamescom account. The winners must respond to the direct message within 14 days in order that the prize can be sent. The prize is forfeited in the event that a response to the notification of the winners is not received prior to the deadline. Koelnmesse can in this case draw a random substitute winner at short notice. The winner has no claim to a change to or supplementing of the respective prize. Should the contact possibilities provided prove to be incorrect (e.g. postal addresses), the Organiser is not obligated to determine the correct address. The participant shall bear the disadvantages arising from providing incorrect contact data.
The following prizes will be awarded to the participant together with their submission for the “gamescom character”:
- The participant with the most community votes receives €3,000.
- The first three places in the community voting receive a “gamescom package” consisting of a day ticket for gamescom 2016 and a t-shirt.
- The jury winner receives a “gamescom VIP package” consisting of tickets for all days of gamescom 2016, accommodations and a t-shirt.
Cash settlement, change, exchange or transfer are not possible.
- Caveat emptor
a. The organiser points out that the availability and functioning of the contest cannot be guaranteed. The contest can be ended or removed due to external circumstances and constraints without this resulting in claims of the participants against the Organiser.
b. These can include technical problems, changes to the rules or decisions by platforms such as facebook in the event that the contest is organised on or in connection with them.
a. For liability of the Organiser for compensation for damages, the following exemptions and limitations of liability apply, irrespective of other legal prerequisites for claims in accordance with number 9.
b. The Organiser assumes liability without restriction to the extent that the cause of damages is based on intent or gross negligence.
c. In addition to this, the Organiser is liable for slightly negligent violation of significant obligations, the violation of which endangers the achieving of the purpose of the contract, or for the violation of obligations, the fulfillment of which is the prerequisite for the orderly execution of the contest, and upon the observance of which the contractual partners regularly rely. In this case, however, the Organiser is only liable for foreseeable damages typical for the contract. The Organiser is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
d. The previous limitations of liability do not apply to injuries to life and limb and damage to health, to a defect following assumption of guarantees of quality of a product and to fraudulent concealment of defects. Liability according to the Product Liability Act remains unaffected.
e. To the extent that the liability of the Organiser is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of the Organiser.
- Data Protection
Personal data of the participants (first and last name and e-mail) is collected in the context of the contest. These data are saved and used exclusively for carrying out the contest and are deleted following completion of the contest. Participants have the possibility at all times of blocking their personal data or of having it deleted, unless Koelnmesse is obligated by law to retain them.
The request for blocking/deletion (cancellation) is to be sent to the following e-mail address: firstname.lastname@example.org. If a participant wishes to have his data blocked or deleted, participation in the contest is no longer possible.
Insofar as the participation in the contest takes place via facebook/ Instagram/ Twitter, the respectively valid conditions in the relationship between the selected provider and the participant apply. In particular, the participant is aware that his personal data is also saved by these providers and may also be processed there subsequent to the end of the contest. A cancellation submitted to the Organiser does not automatically result in the blocking or deletion of his data by the chosen provider.
- Premature ending of the contest
Koelnmesse reserves the right to cancel or end the contest due to unforeseen circumstances without prior notice. This applies in particular when software or hardware errors occur and/or other technical and/or legal reasons influence or make impossible the regular and orderly carrying out of the contest.
- Applicable law
The contest is subject exclusively to the law of the Federal Republic of Germany.
- Instructions and conditions of facebook
a. In addition to these general conditions of participation, the relationship between the Organiser, the participant and facebook is defined by the general conditions of participationhttps://www.facebook.com/terms.php, as well as by the data protection rules of facebook: https://www.facebook.com/privacy
b. The participants may assert no claims against facebook arising in connection with participation in the contest.
c. The participants acknowledge that the contest is in no way sponsored, supported or organised by facebook and is not connected with facebook in any way.
d. All information and data that is provided by the participants or gathered from them through usage of the contest application or for the contest are only provided to the Organiser and not to facebook.
e. All enquiries and instructions with regard to the contest are to be addressed to the Organiser and not to facebook.
The contest is not connected to facebook in any way and is in no way sponsored, supported or organised by facebook. The recipient of the information provided by the participants is not facebook, but rather koelnmesse GmbH. The provided information is only used by Koelnmesse exclusively for the determination of the winners.
- Instructions and conditions of Instagram
a. In addition to these general conditions of participation, the relationship between the Organiser, the participant and Instagram is defined by the general conditions of participation https://help.instagram.com/478745558852511/ and the data protection rules of Instagram: https://help.instagram.com/155833707900388
b. The participants may not assert any claims against Instagram arising in connection with participation in the contest.
c. The participants acknowledge that the contest is in no way sponsored, supported or organised by Instagram and is in no way connected with Instagram.
d. All information and data provided by the participants or collected from them through the usage of the contest application or during the contest are only provided to the Organiser and not to Instagram.
e. All enquiries and instructions with regard to the contest are to be addressed to the Organiser and not to Instagram.
The contest is not connected with Instagram and is in no way sponsored, supported or organised by Instagram. The recipient of the information provided by the participants is not Instagram, but rather Koelnmesse GmbH. The provided information is exclusively used by Koelnmesse for the determination of the winners.
- Instructions and conditions of Twitter
a. In addition to these general conditions of participation, the relationship between the Organiser, the participant and Twitter is defined by the general conditions of participation https://support.twitter.com/groups/56-policies-violations/topics/237-guidelines/articles/490446-richtlinien-fur-wettbewerb-auf-twitter and the data protection rules of Twitter bestimmt: https://twitter.com/privacy?lang=de
b. The participants may not assert any claims against Twitter arising in connection with participation in the contest.
c. The participants are aware that the contest is in no way sponsored, supported or organised by Twitter and is not connected with Twitter.
d. All information and data provided by the participants or collected from the participants through the use of the contest application or during the contest are only provided to the organiser and not to Twitter.
e. All enquiries and instructions with regard to the contest are to be addressed to the Organiser and not to Twitter.
The contest is not connected with Twitter and is in no way sponsored, supported or organised by Twitter. The recipient of the information provided by the participants is not Twitter, but rather Koelnmesse GmbH. The provided information is used by Koelnmesse exclusively for the determining of the winners.