CONTEST RULES

 

PREAMBLE

A.           These Contest Rules (“CONTEST RULES”) establish the general terms and conditions for this “King of the Sea XVI” contest (“CONTEST”) FOR PLAYERS of the massively multiplayer online game “World of Warships” playing On NA GAME CLUSTER (THE AMERICAS) EU GAME CLUSTER (EUROPE) or ASIA GAME CLUSTER (ASIA-PACIFIC). The CONTEST RULES consist of general contest rules (Part A) and specific contest rules (Part B).

B.            NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

C.           THIS CONTEST IS OPEN TO INDIVIDUALS WHO ARE OF AGE OF MAJORITY UNDER THE LAW OF THEIR STATE OF RESIDENCE. INDIVIDUALS WHO ARE UNDER THE AGE OF MAJORITY MAY PARTICIPATE ONLY IF THE PARENTS OR GUARDIANS OF THIS INDIVIDUAL CONSENT TO HIS/HER PARTICIPATION IN THE CONTEST ON THE TERMS ESTABLISHED BY THESE RULES.

 

GENERAL CONTEST RULES

Part A

1.             Sponsor

This Contest – “King of the Sea XVI” is organized by Wargaming Group Limited, (the “Sponsor”), 105 Agion Omologiton Avenue Nicosia 1080 Cyprus.

2.             Eligibility

(a)         Participation in this Contest is open only to individuals who enter in accordance with these Contest Rules. Due to local limitations, individuals residing in Russia, Belarus, Hong Kong, Vietnam, Brazil or the province of Quebec (Canada) are not eligible to win any monetary or physical Prizes in this Contest.

(b)         Notwithstanding the foregoing, the following persons are NOT ELIGIBLE to participate in this Contest: (i) employees of Sponsor who directly participate in organizing the Contest, its directors and agents (collectively – “Sponsor Parties”); (ii) parents, spouses, children, brothers and sisters of Sponsor Parties; and (iii) individuals living in the same household as Sponsor Agents.

(c)         Each Participant is responsible for providing accurate information as to his/her name, age, and email or physical address, if such information is requested. Individuals that provide information to be incomplete, false or deceptive, will be ineligible to participate or (if they have already participated) to receive Prizes.

(d)         If an individual is under the age of majority, this individual may participate in the Contest only if the parents or guardians of this individual consent to his/her participation in the Contest on the terms established by these Rules. The Sponsor can request written confirmation of such consent at any time. If such confirmation is not presented upon Sponsor’s request by the individual participating/wishing to participate in the Contest, the Sponsor has the right to disqualify this individual.

3.             Claiming a Prize

The Prize winners will be notified through social media, websites, forums and/or e-mail. Regulations for granting the prizes are set out in the specific part of these Contest Rules, Part B.

A potential Prize winner may be required to sign the following documents and return them via email (by .pdf file attachment) in order to receive a Prize (and subsequently return the original, unmodified, executed documents by mail to Sponsor’s address set forth above): (i) a tax form (e.g. W9); (ii) an Affidavit (or, where applicable, Declaration) of Eligibility and Liability Waiver.

Sponsor reserves the right to substitute a prize or any part thereof with a prize or element of equal or greater value in its sole discretion. If a Prize winner is not in compliance with these Contest Rules, this Prize winner will be disqualified.

4.             Grant of Rights with respect to Participants

By accepting these Contest Rules, each Participant  grants Sponsor and its licensees the right to use the Participant’s username, game play statistics and/or Prize information, user-generated content (including team logo) submitted to the Sponsor, and/or any portion of any of the foregoing, for promotional, advertising and/or publicity purposes with respect to the Contest in any media, throughout the world and in perpetuity, without compensation or notice to, or with further consent of, the Participant.

5.             Waiver and Release of Liability by Participant

(a)          The liability of the Sponsor and/or Sponsor Parties is unlimited for damages arising out of death, injury to body or health based as well as for damages that arouse from the lack of a guaranteed characteristic or in case of fraudulent intent.

(b)          The liability of Sponsor and/or Sponsor Parties is unlimited for damages caused by the Sponsor or Sponsor Parties by intent or gross negligence.

(c)          In case of a slight negligent breach of a contractual core duty Sponsor and/or Sponsor Parties shall, except in the cases pursuant to clause 5 (a) and 5 (d), only be liable to the amount of the typically foreseeable damage. Contractual core duties abstractly are such duties whose accomplishment enables proper fulfillment of the contract in the first place and whose fulfillment a contractual party regularly may rely on.

(d)          Liability stipulated by applicable law remains unaffected.

(e)          The limitation period for claims for damages shall be one (1) year, except in case of clause 6 (a), 5 (b) and 5 (d) where the statutory statute of limitations shall apply.

6.             Tampering

(a)          Sponsor reserves the right to disqualify and prohibit from participating any person, who is attempting to or has previously been sanctioned by the Sponsor for attempting to: (i) tamper with Sponsor’s website and/or any part of the Contest; (ii) undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices, (iii) annoy, abuse, threaten or harass any other Participants or Sponsor’s Parties; and/or (iv) otherwise violate these Contest Rules or the World of Warships End User License Agreement (including the Game Rules that form part of the End User License Agreement), if applicable.

(b)          ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSOR’S WEBSITE OR ANY OF SPONSOR’S GAMES (OR ANY PART OF EITHER) OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH PARTICIPANT (OR, IF THE PARTICIPANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS SPONSOR, SPONSOR PARTIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH PARTICIPANT’S BREACHES OF ANY REPRESENTATION, WARRANTIES OR COVENANTS ASSOCIATED WITH THIS CONTEST.

7.             Sponsor’s Right to Disqualify Participants and Terminate this Contest

If there is any actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Contest, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs, server errors) compromise the integrity of the Contest, the Sponsor reserves the right to disqualify suspect Participants and/or terminate the Contest. The use of any automated launching or entry software or any other mechanical or electronic means that permits the Participant to automatically enter, participate or evaluate repeatedly is prohibited. In the event of a dispute as to the identity of a Participant based on an email address, the Participant may be disqualified.

8.            General Terms

(a)          This Contest is subject to these Contest Rules and is governed by the laws of the Republic of Cyprus. To the extent that the local law deprives the Participant of the protection afforded to him/her by provisions that cannot be derogated by virtue of the law of the country where the Participant has his/her habitual residence, the law of that country applies. The provisions of these Contest Rules do not exclude, limit or otherwise restrict the rights vested with the consumers upon relevant provisions of the applicable law nor may be construed by anyone in this way. By entering, each Participant agrees (or under the age of majority in his/her state of residence), his/her parent and/or legal guardian agrees) to comply with these Contest Rules, the World of Warships End User License Agreement (including the Game Rules that form part of the End User License Agreement), if applicable.

(b)          In order to validly enter and in order to claim the Prize, Participants may be required to provide Sponsor with certain personally identifiable information such as name, residential address, email address and/or other contact and/or tax information. Such information may be used for the purposes specifically described in these Contest Rules.

(c)          The invalidity or unenforceability of any provision of these Contest Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Contest Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

(d)          All taxes, fees and surcharges on the Prize are the sole responsibility of the Prize winner. In the event that the selected winner of the Prize is ineligible or refuses the Prize, the Prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the Prize to another Participant in the Contest.

 

SPECIFIC CONTEST RULES

Part B

1.             Contest

The Contest is a team World of Warships tournament held online, where the participating individuals (“Participants”) compete for prizes specified below (“Prizes”).

2.             Prizes

(a)         Prizes for the winners of the international stage of the Contest:

The amounts of the Prizes are specified per winning team and shall be divided in equal parts among all eligible team members.

Due to local legal limitations in Japan, if Participants residing in Japan win any of the money Prizes, such Participants must enter an additional agreement with the Sponsor to receive payment.

(b)          Prizes for the winners of the regional stage of the Contest:

Each member of the team taking the 1-st place in their region at the regional stage of the Contest shall receive a physical Prize – King of the Sea branded medal.

In-game prizes for winners of the regional stage of the Contest are described in the Global Ruleset here.

(c)          Where the Global Ruleset lists monetary or physical Prizes, those mean the Prizes listed in these Contest Rules above and are not in addition to them.

3.             Contest Dates

Registration stage: EU, ASIA, NA: 22 September 2023 (14:00 UTC) – 8 October 2023 (23:59 Local time set for the Region)

Regional stage (regional qualifiers, playoffs and finals): 14 October – 29 October 2023.

International stage (group stage, playoffs and finals): 04 & 05 November 2023.

4.             How to participate

To participate and form teams, players need to follow the registration instructions during the Registration stage as available at the Contest’s Discord server and website of the King of the Sea tournament for EU, NA and ASIA.

5.             Structure of the Contest

The Contest consists of the regional stage and the international stage.

Regional stage takes place independently in each region (EU, NA, ASIA).

3 winners of the regional stage from each region can participate in the international stage of the Contest. 2 additional slots will be granted to the finalist regions of the previous iteration of the tournament. Please note that participants from regions other than EU, NA, ASIA may be participating in the international stage of the Contest, however, their participation is governed by a different legal document (contest rules).  

Detailed rules on the structure of the Contest, procedure of participation, detailed time schedule and other relevant rules and requirements are available in the Ruleset available here (for EU, NA, ASIA).

The Ruleset forms part of these Contest Rules and has the same legal force.

6.             Provision of Prizes

Monetary Prizes:

The monetary Prize won by a participating team will be divided in equal parts among all its eligible members (as per roster originally confirmed), each of whom will be considered a Contest winner (“Winner”).

Sponsor will credit the monetary Prize to a Winner’s PayPal wallet if funds transfers to PayPal wallets are available in the Winner’s country. Only if such funds transfers are not available in this country, the Prize can be credited to the Winner’s bank account. If a Winner has no PayPal wallet/bank account, he/she needs to create it to be able to receive the Prize.

Sponsor shall not later than 19 November 2023 contact the Winners via email linked to their World of Warships player accounts to request information required to provide the monetary Prize to the Winner, which may include their name, PayPal ID (email address), bank account details, as well as other documents that may be requested under these Contest Rules to enable Prize provision and verify Winners’ eligibility for participation. These data have to be provided not later than 3 December 2023, otherwise the Prize will be considered forfeited. Provided that these data are timely received, the Sponsor shall transfer the Prize to the Winner’s PayPal wallet/bank account not later than 10 December 2023.

If the Prize is transferred to a PayPal wallet, the Winner may need to actively accept the Prize in his/her PayPal account to complete its receipt. To do this the Winner can check his/her PayPal account once a notification of the Prize transfer is received, or – if no notification is received - after 10 December 2023. The Prize could be automatically sent back by PayPal to the Sponsor, if it is not accepted within 30 calendar days of its transfer by the Sponsor.

If the PayPal wallet of a Winner cannot accept funds in US dollars and PayPal performs currency conversion prior to crediting of funds, the Sponsor shall not be responsible for such conversion.

Physical Prizes:

Sponsor shall not later than 26 November 2023 contact the persons who have won physical Prizes via their email linked to their World of Warships player accounts, in order to request the information necessary to deliver the physical Prizes. Such information may include name, delivery address and contact phone. The Participant shall have 10 calendar days to provide the requested information, otherwise the Prizes can be considered forfeited. Physical prizes will be sent for shipping to winners within 45 days of the day when the requested information is provided in full. The actual delivery date may vary depending on the country of delivery.

7.             Team Relationships

These Contest Rules do not govern team relationships. The terms of the relationship between team members and their respective teams are left to each of the teams and team member. However, Participants are expected to behave in a civil manner towards each other and other teams at all times during the Contest.

Each member of each team, including the team captain, shall be deemed to have jointly and severally made and entered into all of the representations, warranties and agreements contained herein and shall be jointly and severally obligated and bound thereby. Except as otherwise expressly set forth herein, all of the Sponsor’s rights pursuant to these Contest Rules relate to and are exercisable against each team as a whole and each individual member of the team. If any right of disqualification arises as to any individual member of the team, then the right of disqualification may be exercised either as to such individual member of the team, or to the team as a whole, as the Sponsor may elect in its sole discretion.

8.             Team Logo

Each team participating in the playoff stage of the Contest shall have a team logo, which shall be submitted by the team captain to the Sponsor for prior approval. Such approval shall not limit any possible claims by Sponsor with regard to the warranties provided below.

Team captain submitting the logo represents and warrants on an on-going basis that:

-          team members fully own and have authority to permit the use of the relevant logo to the Sponsor for promotional, advertising and/or publicity purposes with respect to the Contest;

-          the logo does not infringe intellectual property rights of a third party or violate World of Warships End User License Agreement (including the Game Rules that are its integral part), any applicable laws, rules or regulations.