Terms and Conditions
The Livery Contest takes place in the Federal Republic of Germany. Therefore, the laws of the Federal Republic of Germany exclusively apply to this contest regardless of the location from which the participant takes part in this contest.
This contest is run by Freaks 4U Gaming GmbH, An der Spreeschanze 10, 13599 Berlin, Germany, (hereinafter “Freaks 4U“).
1. ELIGIBILITY OF PARTICIPANTS
Participants must be at least 16 years of age.
Employees of Freaks 4U and their relatives are excluded from participation in the contest.
Freaks 4U reserves the right, upon its sole discretion, to exclude participants on valid grounds, such as but not limited to
- violation of the rules of this contest;
- manipulation of the technical process or administration of this contest;
- undue conduct; or
- false or misleading statements regarding participation in this contest
2. PURCHASE REQUIREMENTS
There is no requirement for the purchase of any good or service offered by Freaks 4U or any third company affiliated to either of the aforementioned, and/or any of their business partners. The purchase of any such good or service does not increase the participant’s chances in this contest.
3. PROCEDURE OF THE CONTEST
To participate, participants need to complete the tasks as stated: Design a livery for the stated model of Team RED or Team GREEN. The design board is free to download and contains all color codes and elements you can use.
- There will be 2 winners, whose design will be used during the “Clash of Racers 2” stream by all team members for an entire game.
- The winners will be picked at random within two weeks of the giveaway ending date stated below.
- The winners will be contacted via email.
- The winners will be announced online on the Overtake Twitter channel and during one of the shows.
4. CONTEST PERIOD
The contest will begin on 27th November 2020, 18:00 CET and will end 11th December 2020, 23:59 CET.
Upon participating, participants guarantee fulfilment of the guidelines. Participants agree to release and hold harmless Freaks 4U from any third-party claim arising from any violation of the Guidelines by the participant.
The winners get to see their designs used during the “Clash of Racers 2” stream for an entire game by all participating team members. Furthermore each winner gets 1 „TAGHeuer Connected“ Watch and 1 „AOC C32G2AE“ Monitor.
The prize must be accepted as awarded and may not be transferred, substituted or redeemed for cash or otherwise.
Participants transfer to Freaks 4U and their legal representatives and assigns the irrevocable, unlimited, worldwide, free-of-charge, non-exclusive and transferable right to reproduce, disseminate, adapt, edit in full or in part (especially with regard to digitization or encryption of the contributions) (Including, but not limited to, audio and / or video and / or other illustrations), in all known media and usage forms, With regard to protective rights also in all unknown media and usage forms for any purpose commercial or non-commercial, in particular worldwide for advertising, promotion, sales and merchandising purposes as well as the name, the picture and the photo of each participant in this context free of charge in its sole discretion. In as far as copyrights are concerned, the conditions customary in the industry must be offered by the participant for still unknown uses. The participant agrees that he does not receive any compensation for the use of the contribution. Legal claims remain unaffected. Freaks 4U is therefore also entitled to transfer the rights of use to third parties and to alter and adapt the participants’ contents. Freaks 4U agrees to use the winner’s design in the show Clash of Racer’s II with the attribution to the user name provided. By participating the participants agree that their name will be used on the show.
To the extent permitted by law Freaks 4U is not responsible for
1) any incorrect or inaccurate information, caused by the participant or by any of the equipment of programming associated with or utilized in the contest;
2) technical failures of any kind including, but not limited to malfunctions, interruptions or disconnections in phone lines or network, hardware or software;
3) unauthorized human intervention in any part of the uploading process;
4) technical or human error which may occur in the administration of the contest, or
5) any injury or damage to persons or property which may be caused directly or indirectly, in whole or in part from participants participation in the contest. If for any reason a participant’s contribution is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, participant’s sole remedy is another contribution in the contest provided that if it is not possible to submit another contribution due to discontinuance of the contest, or any part of it, for any reason, Freaks 4U, at their discretion, may elect to hold a random drawing from among all eligible contributions or, as the case may be, received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded.
Freaks 4U is responsible for prize availability, but not for prize utility or quality or otherwise.
The reporting and payment of any taxes on prizes, if necessary, are the sole responsibility of the winner.
As far as permissible by law Freaks 4U’s liability for damages is limited to gross negligence and intent.
Notwithstanding the foregoing, Freaks 4U shall be liable for any negligent breach of essential obligations, the violation of which endangers attainment of the contractual purpose, or for the violation of obligations, the fulfillment of which is crucial for the proper execution of the contest or upon the compliance with which the contractual partners regularly trust. In this case, Freaks 4U shall only be liable for the foreseeable damage typical for the contract.
The beforementioned limitations of liability shall not apply in the event of injury to life, body, and health.
Insofar as the liability of Freaks 4U is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents of Freaks 4U.
Freaks 4U is not liable in the unlikely event of an insolvency of the consequences for this contest.
Freaks 4U limits collection and use of the data of participants (such as full name, address, age, e-mail, country) to the extent legally permitted and consented to by participants. Participants upon participation in this contest agree to Freak4U’s use of the data delivered by participants for the purpose of this contest. After the contest is finished, Freaks 4U will delete each participant’s data, except the data of the winner. Winner grants Freaks 4U the right to forward his or her data to Freaks 4U and their partners.
Wherever such requests are notified in written or text form, Freaks 4U shall offer to participants at any time to inspect upon previous notice what personal data is stored by Freaks 4U. Participants may correct this, request its deletion, or revoke their consent to data usage.
10. REVOCATION, TERMINATION AND WITHDRAWAL
Participants at any time during the contest may withdraw from the contest. Within reasonable time upon notification, Freaks 4U then will delete all data collected from the participant. Participants may declare their withdrawal at any time to: Freaks 4U Gaming GmbH, An der Spreeschanze 10, 13599 Berlin, Germany, Phone +49 30 / 330 96 66 – 0, Fax +49 30 / 330 96 66 – 99.
Revocation of the right to use participant’s personal data is possible at any time. However, such revocation will necessarily be followed by the exclusion of the participant from the contest.
Freaks 4U reserves the right to cancel or end the contest at any time, without notice or reason.
11. APPLICABLE LAW AND JURISDICTION
This contest is administered in the Federal Republic of Germany Consequently the law of the Federal Republic of Germany applies to this contest.
The courts in Charlottenburg, Berlin shall have proper jurisdiction for any claim arising out of this contest.
If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. The invalid, void, or unenforceable provision, covenant or condition shall be replaced by such term, provision, covenant or condition as to be found valid, or enforceable, thereby coming as close as possible to the regulation being replaced by it.
The same shall occur if any term, provision, covenant or condition shall be found missing in this agreement so as to constitute a gap in the regulations.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter.