Gaijin General Rules for Promotional Events
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 PLACE 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. THE 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.
These General Rules for advertising, marketing, and promotional events organized by Gaijin ("Promo Rules" and “Event(-s)” 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,” or “our” in this document.
- Participation in each Event is governed by the following Promo Rules unless otherwise explicitly stated by Gaijin. By starting participation in the Event, you agree that these Promo Rules will legally bind you.
These Promo Rules are split into the following sections for your convenience:
- GENERAL INFORMATION AND DEFINITIONS
- EVENT DURATION
- ELIGIBILITY FOR PARTICIPATION
- LIMITATIONS AND RESTRICTIONS
- WINNER SELECTION AND PRIZES
- AWARDING THE PRIZE
- TECHNICAL ISSUES
- RULES OF CONDUCT: GENERAL PROVISIONS
- GAIJIN’S USE OF ENTRIES
- RELEASE AND WAIVER
- LEGAL ENFORCEMENT
CERTAIN LAWS AND REGULATIONS MAY APPLY. PLEASE SEE SECTION 12 OF THIS DOCUMENT BELOW.
NO PURCHASE IS NECESSARY TO ENTER OR WIN UNLESS OTHERWISE EXPLICITLY PROVIDED BY THE ANNOUNCEMENT (PLEASE SEE THE “ANNOUNCEMENT” DEFINITION BELOW). A CONTRIBUTION IN ANY FORM WILL NOT INCREASE YOUR CHANCES OF WINNING.
- GENERAL INFORMATION AND DEFINITIONS
- According to these Promo Rules, the following words and phrases shall have the following meaning:
- “Announcement” means terms, rules, messages, or any other information published by Gaijin regarding the relevant Event, including the offer to participate in the Event, which should be regarded as an integral part of these Promo Rules.
- “Game” means a video game published or distributed by Gaijin, including War Thunder, Crossout, Star Conflict, CRSED: F.O.A.D., Enlisted, Age of Water, or any other Gaijin videogame.
- “Participant” means a person who is eligible for participation in the Event according to these Promo Rules and the Announcement, and duly having started participation in the Event. Also referred to as “you” in these Promo Rules.
- “Partner” means an organization involved by Gaijin in organizing the Event (the details of such involvement may be specified in the Announcement or otherwise).
- “Prize" means any reward or gift offered or awarded in the Event as outlined in Section 5 below.
- “Platform” means an Internet platform, for example, Twitch (twitch.tv), VK (vk.com), YouTube (youtube.com) or another website/resource, or non-Internet venue where the Event takes place.
- “Unfair Advantage" means 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, or other means of circumventing these Promo Rules.
- Gaijin reserves the right, in its reasonable discretion, to add to, amend, vary or waive these Promo Rules or the Announcement with future effect at any time without prior notice of the change. Information related to such changes will be published similarly to the publishing of these Promo Rules (or Announcements, respectively).
- Neither Event is endorsed or sponsored by any other party other than Gaijin and the Partner indicated in the Announcement or otherwise by Gaijin.
- Gaijin may involve one or more Partners to conduct the Event.
- The Event's purpose is to promote the Game(-s) specified in the Announcement or Gaijin’s services unless otherwise provided by the Announcement.
- Violating the rules provided by the Announcement constitutes a violation of these Promo Rules.
- 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;
- the 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 ELIGIBILITIES 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);
- must comply with the requirements of the Rules of Conduct according to Section 8 of these Promo Rules.
- 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 employee, or any other person or entity, or their representative.
- 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, or 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 an 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 their 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 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 forms 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 publications accessible in the same way as the Announcement or these 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, or other sexual materials;
cruel or otherwise violent scenes, including towards humans or 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 and information on their illegal distribution;
- 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
- discredits, insults, disparages third parties, including other Participants, or 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 has breached them;
- suspend the Participant from participating in the Event at any stage of the Event if Gaijin reasonably suspects 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 or attempts to obtain an Unfair Advantage, as well as on other grounds provided by these Promo Rules, the Announcement, or applicable law.
- Gaijin reserves the right not to enter 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.
- THE PARTICIPANT RECOGNIZES THAT GAIJIN IS NOT RESPONSIBLE FOR THE 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 ANNOUNCEMENTS.
5. WINNER SELECTION AND PRIZES
- Gaijin specifies the procedure of selecting the winner for each Event in the relevant Announcements.
- The Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, expressed or implied (including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement).
- Please note, if the party responsible for providing the Prizes is the Partner according to the relevant Announcement, paragraph 4.4 of these Promo Rules shall apply without derogation.
- There are no alternatives to the Prizes. The right to the Prize is non-transferable. If Gaijin cannot provide the declared Prizes due to circumstances beyond its control, Gaijin reserves the right to award substitute Prizes of equal value. Prizes in the form of services or entitlements can be sold or transferred under no circumstances.
- Any taxes and costs 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.
- 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 (including transfer funds), Gaijin has the right to request the necessary information and documents from the Winner. Such information and documents may include:
- first name, last name, patronymic (if any);
- ID (passport) number, its photocopy, or 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 breaches the provisions of these Promo Rules, the Announcement, or other rules regulating their participation in the Event, including those related to retrieving the Prize, they lose the right to receive the Prize. In such a case, Gaijin or the Partner has the right either to:
a) redistribute the Prize among other winners;
b) assign this right to the Participant(-s) not previously eligible for the Prize but having achieved the greatest results in the Event; or
c) give up on issuing this Prize to any of the Participants.
5.9 If 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 (group) member, except for the cases provided by the Announcement. Neither Participant has the right to claim the Prize on behalf of their teammate, including when the Prize is unclaimed by such a teammate.
- AWARDING THE PRIZE
- 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.
- If for any reason the winner cannot accept the Prize within 90 days, they lose the right to receive the Prize. However, Gaijin, at its sole discretion, may extend such a term.
- TECHNICAL ISSUES
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.
- RULES OF CONDUCT: GENERAL PROVISIONS
- 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.
- Participants must be respectful to other Participants, visitors to the Platform, and other individuals involved in the Event.
- Participants shall not behave in the manner that is:
- contrary to these Promo Rules;
- disruptive, unsafe, or destructive; and/or
- 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.
- 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 in particular, and/or
- glorify or otherwise endorse the breaking or violation of these Promo Rules.
- Any breach of these Promo Rules or Gaijin T&C may result in disqualification from the Event, whether that breach was committed intentionally or not.
- Participants cannot engage in any form of harassment, 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).
- GAIJIN’S USE OF ENTRIES
Each Participant, in consideration of their being allowed the opportunity to enter the Event, hereby grants Gaijin and all the Partners a perpetual, non-exclusive, worldwide license and right to utilize all materials used 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), their 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.
- 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 by virtue of a contract, tort (including negligence), warranty, or another legal instrument, 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.
BY PARTICIPATING IN THE EVENT, YOU SHOULD REALIZE GAIJIN AND THE PARTNER(-S) CAN CONTACT YOU TO FACILITATE DELIVERY OF THE PRIZE IN CASE OF YOUR WINNING 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.
- 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.
In all other aspects regarding the participation in each Event 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 these Promo Rules.
Last updated: 18.04.2023