GAIJIN GENERAL RULES FOR PROMOTIONAL EVENTS

Last revised and effective: December 21 2021

The current version is available at: https://gaijin.net/en/promorules

IMPORTANT NOTICE:: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING, AND MAKE SURE YOU HAVE REACHED THE AGE OF 16 OR WHICHEVER OTHER AGE MAY BE REQUIRED TO ACCEPT THIS DOCUMENT FOLLOWING THE LAWS OF YOUR COUNTRY OF RESIDENCE. YOU CAN FIND OUT MORE DETAILS ABOUT PERMISSIBLE AGE AND OTHER REQUIREMENTS FOR PARTICIPATION IN THE EVENT IN SECTION 3 OF THIS DOCUMENT BELOW. ENGLISH VERSION OF THIS DOCUMENT IS THE ONLY ORIGINAL VERSION AND SHALL PREVAIL IN THE EVENT OF ANY DIFFERENCES, QUESTIONS, OR DISPUTES CONCERNING THE MEANING, FORM, VALIDITY, OR INTERPRETATION THEREOF.

This General Rules for advertising, marketing, promotional events organized by Gaijin («Promo Rules», as well as «Event» or «Events» respectively) constitute a legal agreement between you (Participant) and Gaijin Network Ltd, a company with its registered address at Ifigeneias street 63, Office 302, Strovolos, Nicosia 2003, Cyprus («Gaijin»), which can also be referred to as «we», «us», «our» in this document.

Participation in each Event is governed by the following Promo Rules, unless otherwise is explicitly stated by Gaijin. By starting participation in the Event, you agree that you will be legally bound by these Promo Rules.

This Promo Rules are split in the following sections for your convenience:

  1. GENERAL INFORMATION AND DEFINITIONS
  2. EVENT DURATION
  3. ELIGIBILITY FOR PARTICIPATION
  4. LIMITATIONS AND RESTRICTIONS
  5. WINNER SELECTION AND PRIZES
  6. AWARDING THE PRIZE
  7. TECHNICAL ISSUES
  8. RULES OF CONDUCT: GENERAL PROVISIONS
  9. GAIJIN USE OF ENTRIES
  10. RELEASE AND WAIVER
  11. PRIVACY
  12. LEGAL ENFORCEMENT
  13. MISCELLANEOUS

CERTAIN LAWS AND REGULATIONS MAY APPLY. PLEASE SEE SECTION 12 OF THIS DOCUMENT BELOW.

NO PURCHASE IS NECESSARY TO ENTER OR WIN UNLESS OTHERWISE IS EXPLICITLY PROVIDED BY THE ANNOUNCEMENT (PLEASE SEE THE “ANNOUNCEMENT” DEFINITION BELOW). A CONTRIBUTION IN ANY FORM WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. GENERAL INFORMATION AND DEFINITIONS

1.1 According to these Promo Rules, the following words and phrases shall have the following meaning:

  • «Announcement» shall mean terms, rules, messages or any other information published by Gaijin regarding a relevant Event, including the offer to participate in the Event, which should be regarded as an integral part of these Promo Rules.
  • «Eligible Person» shall mean a person who is eligible for participation in the Event according to these Promo Rules and the Announcement.
  • «Game» shall mean videogame(-s) published and/or distributed by Gaijin, including War Thunder, Crossout, Star Conflict, CRSED: FOAD, Enlistedand/or other Gaijin’s videogame.
  • «Participant» shall mean an Eligible Person validly having started participation in the Event.
  • «Partner» оshall mean an organization involved by Gaijin in organizing the Event (the details of such involvement may be specified in the Announcement or otherwise).
  • «Prize» shall mean any reward or gift offered or awarded in the Event as outlined in Section 5 below.
  • «Platform»shall mean an Internet platform, for example, Twitch (twitch.tv), VK (vk.com), YouTube (youtube.com) and other websites/resources, or non-Internet venue where the Event takes place.
  • «Unfair Advantage» shall mean the result of unlawful, dishonest, or other unfair actions aimed at obtaining the Prize or other advantage in the Event by deception, forgery, blackmail, coercion, abuse, misuse of data and/or other means of circumventing these Promo Rules.
  • «You» (and any reference to “you”) shall mean you as a Participant.

1.2 Gaijin reserves the right, in its reasonable discretion, to add to, amend, vary or waive these Promo Rules and/or the Announcement with future effect at any time without prior notice of such change. Information related to such changes will be published in the same way as these Promo Rules / Announcements respectively.

1.3 Neither Event is endorsed or sponsored by any other party other than Gaijin and the Partner indicated in the Announcement or otherwise by Gaijin.

1.4 Gaijin may involve one or more Partners to conduct the Event.

1.5 The purpose of the Event is to promote the Game(-s) specified in the Announcement, or Gaijin’s services, unless otherwise is provided by the Announcement.

1.6 Violation of the rules provided by the Announcement constitutes a violation of these Promo Rules.

1.7 Gaijin may introduce certain restrictions on the number of Participants in the Event (and, if applicable, on the number of teams and their members).

2 EVENT DURATION

2.1 Gaijin specifies the terms of each Event in the relevant Announcements.

2.2 Gaijin reserves the right to change:

  • the starting date of the Event - no later than 1 (one) calendar day before the initial (or last actual) starting date of the Event;
  • he end date of the Event - at any time at Gaijin’s sole discretion, taking into consideration provisions of applicable law pursuant to Section 12 below.

3. ELIGIBILITY FOR PARTICIPATION

3.1 Gaijin specifies the registration and eligibility terms and conditions for each Event in the relevant Announcements. The provisions below shall be applicable to each Event unless otherwise is explicitly governed by the Announcement.

3.2 You must meet the following eligibility requirements to be considered as a Participant

  • be at least 16 years old (or such other age, if greater or lower, as may be required in your country of residence to be legally bound by this Promo Rules to the full extent;
  • follow the Gaijin Terms and Conditions (“Gaijin T&C”) which have precedence over the terms of these Promo Rules, and agree to them, including Gaijin’s Privacy Policy (https://gaijin.net/en/privacypolicy) and Gaijin’s Terms of Service (https://gaijin.net/en/termsofservice);
  • must comply with the requirements of the Rules of Conduct according to Section 8 of these Promo Rules.

3.3 Nickname Limitations The nickname used by a Participant:

  • may not include or make use of the names affiliated with Games, Gaijin, or any trademark, trade name, or logo owned or controlled by Gaijin; and/or
  • cannot be an impersonation of another Participant, influencer, streamer, celebrity, government official, Gaijin or Partner’s employee, or any other person or entity, or their representative

3.4 Other Requirements. The following requirements and limitations shall apply to the Event, the Participants, and their participation in the Event:

  • employees of Gaijin, employees of any Partner, and other companies associated with the Event, their affiliates, subsidiaries, advertising, and promotion agencies and suppliers, and immediate family members (spouse, parents, siblings, and children) and/or those living in the same household of employees are not eligible to participate in the Event;
  • participants may use only one account (whether Platform account, Gaijin Account or any other) in the Event: participants are expressly prohibited from using additional or secondary account(s);
  • breach of any of the rules set forth herein (including but not limited to the Rules of Conduct stated in Section 8 below) may result in your disqualification from the Event or withdrawal of the Prize;
  • each Participant solely bears all expenses related to his/her participation in the Event (including but not limited to, internet services costs);
  • Gaijin may at its sole discretion decide on whether any eligibility requirement has or has not been met, and we may require evidence or confirmation from Participants before awarding the Prize;
  • a Participant who enters or attempts to enter the Event in a manner, which is contrary to these Promo Rules or by its nature is fraudulent or unjust to other Participants including without limitation tampering with the operation of the competition, cheating, hacking, deception, other kind of Unfair Advantage or any other unfair practices such as intending to annoy, abuse, threaten or harass any other Participants, Gaijin or Partner and/or any of its agents or representatives may be rejected from the competition at Gaijin’s sole discretion.

3.5 Additional Entry Rules. Gaijin may introduce other entry rules or requirements in the Announcement or in its other publication accessible in the same way as the Announcement or this Promo Rules.

4. LIMITATIONS AND RESTRICTIONS

4.1 Within participating in the Event, the Participant is strictly prohibited from publishing, distributing, or otherwise communicating to the public (including separate Participants) through the Event and/or Platform (directly or indirectly), any information that:

4.1.1 violates any of the applicable rules on the Platform;

4.1.2 contains anything of the following:

  • threats, blackmailing, or other kinds of coercion or manipulation;
  • vulgar, obscene, or other information that is inappropriate for the Event;
  • obscene or otherwise inappropriate language, pornographic other sexual materials;
  • cruel or otherwise violent scenes, including towards animals;
  • describes the means and methods of suicide, or inducing it;
  • extremist or other illegal materials;
  • confidential information, state or commercial secrets or other information of limited access, including, without limitation, information about the private life of third parties;

4.1.3 promotes composition or other use of drugs and other prohibited substances, or distributes recipes for their manufacture, information on their illegal distribution;

4.1.4 promotes racial, religious, ethnic or any other hatred or enmity, promotes criminal activity or contains advice, instructions or guidelines for committing criminal acts; and/or

4.1.5 discredits, insults, disparages third parties, including other Participants, or the otherwise affects the honor, dignity, or business reputation of such persons.

4.2 Gaijin, at its sole discretion and not limiting its other rights, may limit, suspend or terminate the participation of any Participant in certain cases. Namely, Gaijin has the right to take the following actions:

  • refuse to award the Participant who has not complied with the requirements of these Promo Rules, or violated them;
  • suspend the Participant from participating in the Event at any stage of the Event if Gaijin is in the position of sufficient suspicions that the Participant (or a third party on the direct or indirect order of the Participant) receives and/or tries to gain an Unfair Advantage within the Event;
  • invalidate participation in the Event if the Participant receives and/or attempts to obtain an Unfair Advantage, as well as on other grounds provided for by these Promo Rules, the Announcement or applicable law.

4.3 Gaijin reserves the right not to enter into written negotiations or other contacts with the Participants, except for the cases specified in these Promo Rules or where mandatory required by virtue of applicable law.

4.4 THE PARTICIPANT RECOGNIZES THAT GAIJIN IS NOT RESPONSIBLE FOR ACTIONS OR OBLIGATIONS OF PARTNERS AND/OR OTHER THIRD PARTIES REGARDING THE EVENT. THE PARTICIPANT HAS THE RIGHT TO REQUEST FROM GAIJIN OR A PARTNER SOLELY FULFILLING THEIR RESPECTIVE OBLIGATIONS DIRECTLY ATTRIBUTABLE TO THEM BY THESE PROMO RULES OR ANNOUNCEMENT.

5. WINNER SELECTION AND PRIZES

5.1 Gaijin specifies the procedure of selecting the winner for each Event in the relevant Announcements.

5.2 The Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement).

5.3 Please note, if the party that is responsible for providing the Prizes is the Partner according to the Announcement, paragraph 4.4 of these Promo Rules shall apply without any derogation.

5.4 There are no alternatives to the Prizes. The right to the Prize is non-transferable. If Gaijin, due to the circumstances beyond its control, is unable to provide the declared Prizes, Gaijin reserves the right to award substitute Prizes of equal value. Prizes in the form of services or entitlements can under no circumstances be sold or transferred.

5.5 Any taxes in connection with receiving the Prize are to be paid by the winner, except for the cost of sending the prize money. For the avoidance of doubt, this provision does not exclude any obligation of the awarding party to comply with mandatory taxation rules stipulated by the applicable laws.

5.6 The Participant cannot request payment of the monetary equivalent of the Prize (in the case of a non-monetary Prize), or the transfer of the right to the Prize to another person.

5.7 For issuing the Prize (transfer funds), Gaijin has the right to request the necessary information and documents from the Winner. Such information and documents may include:

  • last name, first name, patronymic (if any);
  • ID (passport) number, its photocopy, or other information which it contains;
  • place of permanent or temporary registration;
  • delivery address;
  • bank account details.

The information specified above shall be provided within the terms and in the manner separately specified by Gaijin or its Partner, otherwise, the Participant may be deprived of the right to receive the Prize.

5.8 If the Participant eligible for the Prize violates the provisions of these Promo Rules, the Announcement, or other rules regulating his/her participation in the Event, including those related to retrieving the Prize, he or she loses the right to receive the Prize. In such a case Gaijin or the Partner has the right either to:

  • redistribute the Prize among other winners;
  • assign this right to the Participant(-s) not previously eligible for the Prize but having achieved the greatest results in the Event; or
  • give up on issuing this Prize to any of the Participants.

5.9 In the event a team (group) of Participants is eligible for the Prize, the Prize should be owned by the team members in equal shares, or, if possible, equally distributed among them. Each Participant cannot transfer the right to receive the Prize to its team member, except for the cases provided by the Announcement. Neither Participant has the right to claim the Prize on behalf of his or her teammate, including when the Prize is unclaimed by such a teammate.

6. AWARDING THE PRIZE

6.1 The winners will be notified of the Prize by an email address previously given. Gaijin is not responsible if the winner fails to receive the notice about the Prize due to any security settings, absence, or provision of incorrect contact information. If the winner fails to respond within 90 days, the Prize may be forfeited, and an alternate winner may be selected based on the placement within the leaderboard.

6.2 If for any reason the winner cannot accept the Prize within 90 days, he or she loses the right to receive the Prize. However, Gaijin, at its sole discretion, may extend such a term.

7. TECHNICAL ISSUES

7.1 Due to the nature and scale of online competition, the Event will not be restarted or made null due to bugs, intentional disconnections, server crashes, or unintentional disconnections.

8. RULES OF CONDUCT: GENERAL PROVISIONS

8.1 All Participants must behave in a way that is at all times consistent with the general principles of personal integrity, honesty, and good sportsmanship, as well as the rules set forth in this Section.

8.2 Participants must be respectful to other Participants, visitors of the Platform, and other individuals involved in the Event.

8.3 Participants shall not behave in the manner:

  • which violates these Promo Rules;
  • which is disruptive, unsafe, or destructive; and/or
  • which is otherwise harmful to the enjoyment of the Event by other Participants, or affects their experience as initially intended by Gaijin. Participants shall not engage in harassing or disrespectful conduct, use of abusive or offensive language, game sabotage, spamming, social engineering, scamming, or any unlawful activity.

8.4 Participants shall not:

  • proclaim to be, or represent themselves as, a banned player or a cheater/rule-breaker, including Gaijin T&C in common and the Game Rules (https://gaijin.net/en/gamerules) in particular, and/or
  • glorify or otherwise endorse the breaking or violation of these Promo Rules.

8.5 Any violation of these Promo Rules or Gaijin T&C may result in disqualification from the Event, whether that violation was committed intentionally or not.

8.6 Participants are prohibited from engaging in any form of harassing, abusive, or discriminatory conduct based on race, color, ethnicity, national origin, religion, political opinion or any other opinion, gender, gender identity, sexual orientation, age, disability, or any other status or characteristic protected under applicable law, regulations or agreements (e.g. YouTube Guidelines, Twitch Terms and Conditions and/or Gaijin T&C).

9. GAIJIN USE OF ENTRIES

Each Participant, in consideration of their being allowed the opportunity to enter the Event, hereby grant Gaijin and all the Partners a perpetual, non-exclusive, worldwide license and right to utilize all materials to enter the Event and/or submitted to Gaijin, its Partner or the Platform within the Event, as well as Participant's name, address (city, state, and country), hir/her likeness, statements about the Event and/or Prize, for any publicity, advertising and promotional purposes without any compensation, except where prohibited by law, as well as releases Gaijin and the Partners from any liability with respect thereto.

10. RELEASE AND WAIVER

By participating in this Event, you release Gaijin, the Partners and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Event or delivery, misdelivery, acceptance, possession, use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory, any activity related to the Event or from any interaction with, or downloading of Event information and any printing or typographical errors in any materials associated with the Event.

EVERYTHING PROVIDED IN CONNECTION WITH THE PROMOTION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, OR NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion of implied warranties on applicable statutory rights, so the above exclusions and limitations may not apply in some cases.

11. PRIVACY

Gaijin collects personal data about its users/clients, including those participating in the Event, in accordance with its Privacy Policy available at https://gaijin.net/en/privacypolicy. Gaijin does not collect any information that is not stipulated by the Privacy Policy or not necessary for fulfilling its contractual obligations hereunder or have another valid legal basis for processing your data.

BY PARTICIPATING IN THE EVENT, YOU SHOULD REALIZE THAT GAIJIN AND THE PARTNER(-S) CAN CONTACT YOU TO FACILITATE DELIVERY OF THE PRIZE IN CASE OF YOUR WINNING THEREOF, AND PROCESS THE RELEVANT PERSONAL DATA (ADDRESS, OTHER CONTACT DETAILS: EMAIL, PHONE NUMBER, ETC.) FOR THAT PURPOSE.

Some of your data may be collected by the Partner independently from Gaijin under their privacy policies, notices, or statements.

12. LEGAL ENFORCEMENT

In case any federal, state, municipal and other laws and regulations which are mandatory directly apply to the Event, its organization or participation, these Promo Rules shall be interpreted accordingly to the extent necessary to comply with such laws and regulations.

13. MISCELLANEOUS

n all other aspects regarding the participation in each Event which are not specified by these Promo Rules, including but not limited to governing law and jurisdiction, warranty disclaimer, indemnification, update and modification, severability, assignment and termination, the relevant provisions of Gaijin Terms of Service shall apply to this Promo Rules.