Legal Documentation

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  • Tank Factor Contest Rules
  • Tank Factor Contest Rules

    PREAMBLE

    A. THESE CONTEST RULES (“CONTEST RULES”) ESTABLISH THE GENERAL TERMS AND CONDITIONS FOR THIS CONTEST (“CONTEST”) WORLDWIDE EXCEPT FOR CHINA AND THE TERRITORIES AND POSSESSIONS OF THE PEOPLE’S REPUBLIC OF CHINA. THE CONTEST RULES CONSIST OF GENERAL CONTEST RULES (PART A) AND SPECIFIC CONTEST RULES (PART B).

    B. NO ADDITIONAL 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 SKILL CONTEST IS OPEN ONLY TO INDIVIDUALS (1) WHO ARE LEGAL RESIDENTS OF ONE OF THE COUNTRIES WHERE THIS CONTEST IS HELD AND (2) WHO HAVE ATTAINED THE AGE OF MAJORITY ACCORDING TO THE LAW OF STATE OF THEIR RESIDENCE.

    GENERAL CONTEST RULES

    Part A

    1. Organizer

    This Tank Factor Contest is organized by Wargaming Group Limited, 105 Agion Omologiton Avenue Nicosia 1080 Cyprus (the “Organizer”).

    2. Eligibility

    (a) Participation in this Contest is open only to individuals who enter in accordance with these Contest Rules.

    (b) Notwithstanding the foregoing, the following are NOT ELIGIBLE to participate in this Contest: (i) employees, officers, directors and agents of Organizer, Organizer’s licensees and their respective affiliates and agents (the “Organizer Parties”); (ii) parents, spouses, children, brothers and sisters of Organizer Parties; and (iii) individuals living in the same household as Organizer Parties.

    (c) Each Participant is responsible for providing accurate and timely information as to his/her name, age, and email, phone number or physical address, if it is required by the Organizer. Individuals who fail to provide required information or provide information that is incomplete, false or deceptive, will not be eligible to participate or (if they have already participated) to win the Contest or to receive the prize.

    3. Excluded from Participation

    Submissions for participation or any other content provided by the Participant in or in course of the Contest that are considered offensive or defamatory or in violation of any person’s right to privacy or other personal rights are not welcome. Submissions or content provided by the Participant may not include: (a) profanity or nudity; (b) false or defamatory statements about any person or any third party; (c) third party trademarks which suggest affiliation with any trademark owner without permission of such owner or that dilute the value of any trademark;
    (d) obscene, indecent, violent, sexually explicit, abusive, discriminatory, racially inflammatory or other morally or legally objectionable depictions; (e) intellectual property rights of third parties. If a submission or content provided by the Participant includes any of the prohibited elements listed above, the Participant will be excluded from the Contest.

    4. Claiming a Prize

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

    Organizer 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. If the winner does not provide information required for sending the Prize within time period defined by Organizer, the winner will lose the right to receive the Prize.

    5. License

    By entering this Contest, each Participant grants to Organizer and its licensees (if any) irrevocable, perpetual, royalty-free, non-exclusive, transferable and sublicenseable right and license to use, display, copy, edit, modify, create derivative works of, publish, distribute and otherwise exploit the content of, and elements embodied in, his/her entries or submissions provided to Organizer in the course of this Contest in any and all media, including but not limited to digital and electronic media, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, in any broadcast outlet and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further approval or consideration. The Participant shall sign any confirmation for this purpose if Organizer requires.

    6. Grant of Rights with respect to Participants

    (a) By accepting these Contest Rules, each Participant grants Organizer and its licensees the right to use the Participant’s name, image, likeness, photograph and/or Prize information, and/or any portion of any of the foregoing, for promotional, advertising and/or publicity purposes with respect to the Content in any media, throughout the world and in perpetuity, without compensation or notice to, or with further consent of, the Participant.

    (b) By accepting the Contest Rules, each Participant grants consent to the Organizer and its affiliates and/or authorized parties to process their personal data provided to the Organizer by any means, including collection, recording, filing, accumulation, storage, updating, elaboration, alteration, electronic copying, extraction, usage, transfer, depersonalization, cross-border transfer, blocking, erasure, destruction, for the purposes of granting the Prize and performing any related legislative requirements.

    7. Waiver and Release of Liability by Participant

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

    (c) In case of a slight negligent breach of a contractual core duty Organizer and/or Organizer Parties shall, except in the cases pursuant to clause 7 (a) and 7 (d), only be liable to the amount of the typically foreseeable damage. Contractual core duties abstractly are such duties whose accomplishment enables proper fulfilment of the contract in the first place and whose fulfilment 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 7 (a), 7 (b) and 7 (d) where the statutory statute of limitations shall apply.

    8. Tampering

    (a) Organizer reserves the right to disqualify and prohibit from participating any person, who is or is attempting to: (i) tamper with Organizer’s website and/or any part of the Contest; (ii) attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other Participants or Organizer’s Parties; and/or (iv) otherwise violating these Contest Rules or the End User License Agreement (EULA) of Organizer, if applicable.

    (b) ANY ATTEMPT TO DELIBERATELY DAMAGE ORGANIZER’S WEBSITE OR ANY OF ORGANIZER’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, ORGANIZER 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 AGREES TO INDEMNIFY AND HOLD HARMLESS ORGANIZER, ORGANIZER 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 ENTRY MATERIALS, SUBMISSIONS AND OTHER CONTENT PROVIDED BY PARTICIPANT OR THE USE THEREOF, AND/OR BY PARTICIPANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST.

    9. Organizer’s Right to Void Entry Submission 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 Organizer reserves the right to void suspect submissions or content of Participants and/or terminate the Contest and award the Prize in its sole discretion. 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.

    10. 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 to comply with these Contest Rules, the End User License Agreement (EULA) of Organizer, if applicable.

    (b) In order to validly enter and in order to claim the Prize, Participants may be required to provide Organizer 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 Organizer, in its sole discretion, may choose whether to award the Prize to another Participant in the Contest.

    SPECIAL CONTEST RULES

    Part B

    1. Contest Dates

    The Contest will begin on September 21, 2017 and end on December 28, 2017:

    September 21, 2017 – the announcement of the Contest

    September 21, 2017 (after the Contest is announced) until October 18, 2017 (24:00 CET) (the “Entry Period”) – submission of Participants’ works

    October 21, 2017 (00:00 CET) until November 2, 2017 (24:00 CET) – Public Voting for best 50 works submitted by Participants in each category

    November 3, 2017 until November 14, 2017 – Jury Decision on best 10 works submitted by Participants in each category

    November 17, 2017 – the best three works in each category will be announced by the Jury at tankfactor.com.

    2. Contest Categories:

    The Contest is held in two categories:

    1. Remix category is creative musical electronic adaptation of the World of Tanks Intro track created and performed by the Participant with a purpose to participate in the Contest within Entry Period.

    2. Cover category is creative musical instrumental adaptation of the World of Tanks Intro track created and performed by the Participant/Participants with a purpose to participate in the Contest within Entry Period.

    3. Contest Stages:

    The Contest is held in three stages:

    • Submission of Works
    • Public Voting
    • Jury Decision

    4. How to Participate:

    Submission of Work:

    To submit your work in the Remix category, the Participant should take the following steps:

    1. To download World of Tanks Intro track from tankfactor.com.
    2. To compose a creative musical electronic adaptation of World of Tanks Intro track (the “Remix”).
    3. Sign in to tankfactor.com via social media or Participant’s World of Tanks account, fill in required registration fields in the registration form, and upload the Remix.
    4. Wait for an e-mail confirmation of acceptance of the Remix for the Contest.

    To submit your work in the Cover category, the Participant should take the following steps:

    1. To download World of Tanks Intro track from tankfactor.com.
    2. To compose a creative musical instrumental adaptation of World of Tanks Intro track (the “Cover”), and perform it. The track can be performed alone or with the band with any number of Participants. (Please, be aware, that in case of winning, the trip to Moscow is provided to a maximum of 7 Participants from the performing band).
    3. Sign in to tankfactor.com via social media or Participant’s World of Tanks account, fill in required registration fields in the registration form, and upload the Cover. If the Cover is performed by several Participant’s, they can choose which Participant’s World of Tanks account to use to sign in.
    4. Wait for an e-mail confirmation of acceptance of the Cover for the Contest.

    In order for a piece of work to be eligible for entry into the Contest, the Participant must be able to satisfy the following four conditions:

    a. The work must have been created and performed by the Participant (Participants, if allowed) within Entry Period.

    b. The work must be submitted exactly as published on Wargaming server, without changing it after the submission.

    c. The work must not be longer than 5 minutes.

    d. The work should comply with the Contest Rules.

    e. The work must be original. In case of application of two or more equal works, only the work, which was uploaded earlier, will be accepted.

    f. The work has to meet following 2 (two) technical criteria:

    1. File format — MP3

    2. File size — max 20 Mb

    It is also recommended but not obligatory to submit works in the following specs:

    320 Kbps, 44 KHZ/16 BIT/STEREO

    All works submitted within Entry Period, undergo pre-moderation by a representative of the Organizer. Pre-moderation is performed according to the Contest Rules and the End User License Agreement (EULA).

    If Organizer reveals any violation of the Contest Rules during works pre-moderation, other Contest stages or after the Contest, Organizer is entitled not to post such works at the Contest website and disqualify such works and the Participants, submitted such works, from the Contest at any stage of the Contest.

    The Organizer may at any time request further information from the Participants needed to verify the authenticity of a piece of work and the eligibility of the Participants. That means, the Participants have to keep the production files of the track which they have uploaded until the end of the Contest period. If the Participants do not provide such additional materials to Organizer, Organizer is entitled to disqualify the Participant and his/her work from the Contest at any time.

    Public Voting

    When public voting is open, any person can give a single vote for the work he/she likes by clicking the respective icon under the work at tankfactor.com.
    Participants are advised to promote their works in social media and beyond to attract more votes.
    At the end of the Public Voting stage, Organizer will define best 50 Covers and best 50 Remixes that got most votes during the Public Voting stage. If several works got equal amount of votes, Organizer will give preference to the work which was uploaded earlier.
    It is forbidden to use any automatic and technical means to increase the amount of votes for a specific work. It Organizer reveals it, such work will be disqualified from the Contest.

    Jury Decision

    Works, which were defined by the Organizer as best 50 Covers and best 50 Remixes that got most votes during the Public Voting stage, are evaluated by the Jury of the Contest.

    Jury Composition:

    1. Akira Yamaoka (Chairman) – world-famous Japanese video game composer, sound designer, guitarist, and producer, who is best known all over the world for composing music for a number of games of the Silent Hill series.
    2. Aleksey Tomanov – Team Lead of the World of Tanks Audio Team, supervisor of music and sound effects.
    3. Andrey Klimka – composer, sound designer, World of Tanks Audio Team.
    4. Andrey Kulik – composer, sound designer, World of Tanks Audio Team.

    Criteria for evaluation by the Jury:

    • Quality of concept
    • Quality of adaptation
    • Quality of production

    Should any disputes arise within the Jury, Chairman has the right to make final decision.

    On November 14, 2017, the list of best 10 Covers and best 10 Remixes, chosen by the Jury, will be published at tankfactor.com.

    On November 17, 2017, best 3 Covers and best 3 Remixes are announced at tankfactor.com.

    5. Prizes

    Remix Category:

    First place:

    The winner will be awarded with a Moog Sub 37 Tribute Edition Analog Synthesizer or equivalent, which will be sent to winner’s address, confirmed by the winner in a written form within 3 months from the date when the winners are announced, within 30 calendar days after the Participant provides the Organizer information required for Prize sending. If the winner does not provide necessary information within the period defined, the Organizer is not liable for failure in Prize sending.

    The winner is also awarded with a trip for one person to Moscow, the Russian Federation, to WG Fest.
    During the trip, the winner will be accompanied by a video operator and a representative of the Organizer of the Contest to arrange recreation, rehearsals, performances, and video recording of the trip.

    Trip dates—December 20–24, 2017*.

    During the trip the winner will be granted for free:

    • Flight (economy class) for 1 person to Moscow, the Russian Federation, from their point of residence—for persons living outside Moscow**, and back.
    • Accommodation in a four- or five-star hotel selected by the Organizer of the Contest, bed & breakfast (alcohol not included) for 1 person (4 nights)****.
    • Transfer through Moscow according to the agenda of the trip set by the Organizer of the Contest. Any transfers in the territory of another country are not included into the Prize.
    • Assistance in obtaining a visa for the trip to the Russian Federation, if necessary.
    • Sightseeing and other tours planned by the Organizer of the Contest in the territory of Moscow*****.
    • Ticket to WG Fest.
    • Meeting with Akira Yamaoka.

    Any other expenses are borne by the winner and are not compensated by Organizer.

    *—dates of the trip may be changed. Organizer will notify the winner about it in advance.

    **—specific location of the departure/arrival and airline carrier are determined by the Organizer of the Contest depending on the dates of the trip, availability of tickets, and other factors specified by the Organizer of the Contest.

    ****—specific hotel, location of the hotel, dates, and duration of accommodation are determined by the Organizer of the Contest based on the flight route of the winner, availability of suites in hotels, and other factors.

    *****—specific dates, durations, and locations of sightseeing tours are specified by the Organizer of the Contest based of the flight route of the Winner and other factors.

    The winner is responsible for having all necessary documents required for the trip and not be subject to any restrictions regarding departure from the state of residence, crossing the borders of other states, including the Russian Federation.

    Expenses related to visa processing, transfer to airport of departure, and any other expenses not specified directly within the Contest Rules are paid by the winner.

    If the winner refused from the trip, offered by the Organizer within the timeframe specified by Organizer, or does not provide required information and documents, or fails to make necessary documents, fails to meet the requirements to the documents obligatory for the trip, infringes the terms specified in the Contest Rules or set by the Organizer, does not fulfil all conditions of the Contest, violates the warranties and guarantees specified in the Contest Rules, or fails to meet any of requirements of the Contest, the dates of the trip are not changed and the prize is not granted again. The Prize is not paid in cash If the Organizer bears losses as a result of the winner missing the flight, failing to arrive in the destination on time, or failing any other requirements of the Organizer, the Organizer is entitled for compensation of such losses in full by the winner. Organizer is also entitled to provide the trip to another Participant who took the lower place in this case.

    Second place:

    The winner will be awarded with a Moog Sub Phatty Analog Synthesizer or equivalent which will be sent to winner’s address, confirmed by the winner in a written form within 3 months from the date when the winners are announced. within 30 calendar days after the Participant provides the Organizer information required for Prize sending. If the winner does not provide necessary information within the period defined, the Organizer is not liable for failure in Prize sending.

    Third place:

    The winner will be awarded with a Korg minilogue 4-voice Analog Synthesizer or equivalent which will be sent to winner’s address, confirmed by the winner in a written form within 3 months from the date when the winners are announced, within 30 calendar days after the Participant provides the Organizer information required for Prize sending. If the winner does not provide necessary information within the period defined, the Organizer is not liable for failure in Prize sending.

    Fourth to Tenth places:</p>

    The winner will be awarded with a Korg Volca FM Synthesizer with Sequencer or equivalent which will be sent to winner’s address, confirmed by the winner in a written form within 3 months from the date when the winners are announced, within 30 calendar days after the Participant provides the Organizer information required for Prize sending. If the winner does not provide necessary information within the period defined, the Organizer is not liable for failure in Prize sending.

    Cover Category:

    First place:

    The winner will be awarded with a Mackie DL32R iPad-controlled Digital Rackmounted Mixer or equivalent, which will be sent to winner’s address, confirmed by the winner in a written form within 3 months from the date when the winners are announced, within 30 calendar days after the Participant provides the Organizer information required for Prize sending. If the winner does not provide necessary information within the period defined, the Organizer is not liable for failure in Prize sending.

    The winner is also awarded with a trip to Moscow, the Russian Federation, to WG Fest (If the work which took the 1st place was performed by several Participants, the trip is organized for up to 7 Participants).

    During the trip, the winner will be accompanied by a video operator and a representative of the Organizer of the Contest to arrange recreation, rehearsals, performances, and video recording of the trip.

    Trip dates—December 20–24, 2017*.

    During the trip Participant who has been awarded this prize, will be granted for free:

    • Flight (economy class), to Moscow, the Russian Federation, from his/her place of residence—for persons living outside Moscow**, and back.
    • Accommodation in a four- or five-star hotel selected by the Organizer of the Contest, bed & breakfast (alcohol not included), (4 nights)****.
    • Transfer through Moscow according to the agenda of the trip set by the Organizer. Any transfers in the territory of another country are not included into the Prize.
    • Assistance in obtaining a visa for the trip to the Russian Federation, if necessary.
    • Sightseeing and other tours planned by the Organizer in the territory of Moscow*****.
    • Ticket to WG Fest.
    • Arrangement of the winner’s performance on the stage at WG Fest together with Akira Yamaoka, with provision of equipment and rehearsals determined by the Organizer.
    • Meeting with Akira Yamaoka.

    Any other expenses are borne by the winner and are not compensated by Organizer.

    *—dates of the trip may be changed. Organizer will notify the winner about it in advance.

    **—specific location of the departure/arrival and airline carrier are determined by the Organizer depending on the dates of the trip, availability of tickets, and other factors specified by the Organizer.

    ****—specific hotel, location of the hotel, dates, and duration of accommodation are determined by the Organizer based on the flight route of the winner, availability of suites in hotels, and other factors.

    *****—specific dates, duration, and locations of sightseeing tours are specified by the Organizer based of the flight route of the winner and other factors.

    5. Organizer of the Contest shall not be responsible for possession by the Winner of all documents required for the trip.
    Participant who has been awarded a trip is responsible for having all necessary documents required for the trip and not being subject to any restrictions regarding departure from the state of residence, crossing the borders of other states, including the Russian Federation.

    Expenses related to visa processing, transfer to airport of departure, and any other expenses not specified directly within the Contest Rules are paid by the winner.

    If the winner refused from the trip, offered by the Organizer within the timeframe specified by Organizer, or does not provide required information and documents, or fails to make neccesary documents, fails to meet the requirements to the documents obligatory for the trip, infringes the terms specified in the Contest Rules or set by the Organizer, does not fulfil all conditions of the Contest, violates the warranties and guarantees specified in the Contest Rules, or fails to meet any of requirements of the Contest, the dates of the trip are not changed and the prize is not granted again. The Prize is not paid in cash If the Organizer bears losses as a result of the winner missing the flight, failing to arrive in the destination on time, or failing any other requirements of the Organizer, the Organizer is entitled for compensation of such losses in full by the winner. Organizer is also entitled to provide the trip to another Participant who took the lower place in this case.

    Second place:

    The winner will be awarded with a Shure PSM 300 Premium T11 or equivalent, which will be sent to winner’s address ((if the work was performed by several Participants, the address of the Participant who uploads the work), confirmed by the winner in a written form within 3 months from the date when the winners are announced, within 30 calendar days after the Participant provides the Organizer information required for Prize sending. If the winner does not provide necessary information within the period defined, the Organizer is not liable for failure in Prize sending.

    Third place:

    The winner will be awarded with a Boss GT-100 Guitar Multi-effects Pedal or equivalent, which will be sent to winner’s address ((if the work was performed by several Participants, the address of the Participant who uploads the work), confirmed by the winner in a written form within 3 months from the date when the winners are announced, within 30 calendar days after the Participant provides the Organizer information required for Prize sending. If the winner does not provide necessary information within the period defined, the Organizer is not liable for failure in Prize sending.

    Fourth to Tenth places:

    The winner will be awarded with a Shure SM58S Vocal Microphone or equivalent, which will be sent to winner’s address ((if the work was performed by several Participants, the address of the Participant who uploads the work), confirmed by the winner in a written form within 3 months from the date when the winners are announced, within 30 calendar days after the Participant provides the Organizer information required for Prize sending. If the winner does not provide necessary information within the period defined, the Organizer is not liable for failure in Prize sending.

    Organizer and its partners are entitled to grant other prizes to the Participants at their own discretion.