Frontier Developments: Elite| Mandalay Social Competition Terms and Conditions
30 August 2024
Registered Company: FRONTIER DEVELOPMENTS PLC - Company Registration No: 02892559 whose registered office is at: 26 Science Park, Milton Road, Cambridge, CB4 0FP, England, United Kingdom (the “PROMOTER”)
Official Rules:
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
VOID WHERE PROHIBITED. CONTEST IS NOT OPEN TO RESIDENTS OF COUNTRIES WHERE: GOODS ARE EMBARGOED BY THE UNITED STATES, UNITED KINGDOM OR EUROPE.
ENTRY IN THIS CONTEST CONSTITUTES ENTRANT ACCEPTANCE OF THESE OFFICIAL RULES.
Elite| Mandalay Social Competition (the “Contest”) is a:
* Contest of chance. The winning entries will be selected at random. The PROMOTER uses Random.org or another random generator to select winners from valid submissions entered before closing date of the Contest. See below for the complete details.
* This Contest is conducted by the PROMOTER. The PROMOTER shall be considered the legal “sponsor” of all giveaways and prizes and the PROMOTER shall administer the giveaways in accordance with the applicable terms and conditions (“T&Cs”). Additionally, the PROMOTER shall be solely and entirely responsible for ensuring that the giveaways comply with the T&Cs and all applicable laws in each jurisdiction where the giveaways occur.
* This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, X. Users remain bound by the relevant Terms and Conditions of any Social Media platforms listed above. Please refer to the relevant platform’s Terms & Conditions page(s) for more information about how they regulate or use data and/or information on behalf of their subscribed users.
1. BINDING AGREEMENT
To enter the Contest, you must agree to these Official Rules (“Rules”). Therefore, please read these Rules prior to entry to ensure you understand and agree. By submitting an entry in the Contest, Entrants agree to these Rules. Entrants may not submit an entry to the Contest and are not eligible to receive any prize described in these Rules unless they agree to these Rules. These Rules form a binding legal agreement between Entrants and the PROMOTER with respect to the Contest.
2. ELIGIBILITY
To be eligible to enter the Contest, you (“Entrant”) must: (1) be at least the age of 18 years old at the time of entry; (2) not be a resident of any country where the United States, United Kingdom or Europe have embargoed goods; (3) not be a person or entity under U.S. export controls or sanctions; (4) have access to the Internet as of 30 August 2024. Entrants agree that if they are a winner, they will provide any additional necessary information or consents necessary to confirm eligibility as a winner. Failure to provide additional information or consents will be grounds for disqualification, unless prohibited under applicable law. Contest is void to employees, interns, contractors, and official office-holders of the PROMOTER, their respective subsidiaries, affiliates, and their respective directors, officers, employees, advertising and promotion agencies, representatives, and agents (“Contest Entities”), and members of the Contest Entities and their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of the households (whether related or not) of such employees, interns, contractors, officers, and directors are ineligible to participate in this Contest. The PROMOTER reserves the right to verify eligibility and to adjudicate on any dispute at any time.
3. THE PROMOTER
The Contest is promoted by Frontier Developments plc (“the PROMOTER”), with offices at 26 Science Park, Milton Road, Cambridge, CB4 0FP, England, United Kingdom.
4. CONTEST PERIOD
The Contest begins at 17:00PM BST Zone in the United Kingdom on 30 August 2024 and ends at 23:59 BST Zone in the United Kingdom on 12 September 2024 (“Contest Period”). ENTRANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS.
5. HOW TO ENTER
During the Contest Period, Entrants may use only one (1) of the following method(s) to enter the Contest:
Entry via the following Contest Site(s):
- X: Post a screenshot on X of an Elite exploration location with hashtag #EliteMandalay and include the location
- Facebook: Reply on the applicable post announcing the Contest on the PROMOTER’s @EliteDangerousOfficial account on Facebook with an Elite exploration location screenshot and include the location
Each method of entry listed above is classified as one (1) entry. Entrants can enter using all methods of entry, but they are eligible to only win will only receive a maximum of one (1) prize.
In addition to any other requirements set forth in these Rules, in order to be deemed eligible for participation, where applicable, each entry and/or the Entrant submitting it must meet the following conditions and restrictions:
(a) The entry must not disparage any person or entity, defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights or constitute or suggest copyright infringement.
(b) The entry must not contain any content that is sexually explicit, offensive, illegal, pornographic, or obscene or that features, promotes, or suggests the use or abuse of drugs, alcohol, tobacco, firearms, or other harmful substances or otherwise is in bad taste or is otherwise objectionable to the PROMOTER, determined by the PROMOTER in its sole discretion.
(c) The entry must not contain corrupted files, viruses, or any other similar files, the intent of which is to damage the operation of another’s computer.
(d) The entry or entrant must not depict material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
(e) The entry must not depict material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where entry is created.
The PROMOTER in its sole discretion shall determine if any entry or part thereof is inappropriate for any reason for public release or publication and shall have the right to disqualify any entry that it deems to not meet the criteria above, or due to technical, legal (including intellectual property rights infringement), clearance or other problems, or otherwise in breach of the above Rules, as determined by the PROMOTER in its sole discretion.
No purchase or payment of any kind is necessary to enter or win this contest. No purchase made by an Entrant (e.g. one of the PROMOTER’s games) will increase an Entrant’s chances of winning. Odds of winning depend on the number of entries received.
6. WINNER(S)
Five (5) winning entries will be selected at random from valid submissions by the PROMOTER. The PROMOTER uses Random.org or another random generator to select winners from valid submissions.
Information pertaining to the method by which random winners are selected can be provided for up to thirty (30) days following the conclusion of the Contest Period on written request to the PROMOTER’s details listed above.
On or about 23:59PM BST Zone in the United Kingdom on 12 September 2024, potential winners will be notified via direct message on the relevant platform (Facebook and X) from the PROMOTER’s Community Team.
If a potential winner does not respond to the notification attempt within forty-eight (48) hours from the notification attempt, then such potential winner will be disqualified and an alternate potential winner will be selected from among all eligible Entrants based on the judging criteria described herein. Each potential winner may be required to sign and return a Declaration of Eligibility and Liability and Publicity Release and provide any additional information, such as that referenced in section 9 below, that may be required by the PROMOTER.
Potential winners must return all such required documents within five (5) days following attempted notification or such potential winner will be deemed to have forfeited the prize and another potential winner may be selected based on the judging criteria described herein.
All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Determinations of judges are final and binding.
7. PRIZE(S)
Five (5) Prizes in total are available: Five (5) Prize Winners will be awarded: PC digital game key with no expiration date. The game key will provide early in game access to the Mandalay ship when available in Elite.
The total Approximate Retail Value of this prize is £15 for each winner. The actual market value may vary based on item brands and be subject to market fluctuations; any difference between actual market value and Approximate Retail Value will not be awarded.
No transfer, substitution, or cash equivalent for prizes is allowed, except at the PROMOTER’s sole discretion. The PROMOTER reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. The Contest Entities have not made and are not making, and the Contest Entities are not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, or regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer's warranty that may apply to the prize or any components thereto.
In the event that no entries are received, no prizes will be awarded. Subject to the above provisions regarding prize substitutions, if there is at least 1 (one) entry in compliance with these Rules, prizes will be awarded.
8. TAXES
RECEIPT OF PRIZES TO POTENTIAL WINNERS/WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO THE PROMOTER ALL DOCUMENTATION REQUESTED BY THE PROMOTER TO PERMIT IT TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL AND FOREIGN TAX REPORTING AND WITHHOLDING REQUIREMENTS. THIS MAY REQUIRE THE SUBMISSION OF WINNER SOCIAL SECURITY NUMBERS FOR TAX REPORTING PURPOSES. ALL PRIZES WILL BE NET OF ANY TAXES THE PROMOTER IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS, REGARDLESS OF WHETHER TAXES HAVE BEEN SO WITHHELD.
To receive a prize, potential winners may be required to submit the tax documentation requested by the PROMOTER or otherwise required by applicable law, to the PROMOTER or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner’s country of residence. The potential winners are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and the PROMOTER may, in its sole discretion, select an alternative potential winner.
9. GENERAL CONDITIONS
All federal, state, provincial and local laws and regulations apply. The PROMOTER reserves the right to disqualify any Entrant from the Contest if, in the PROMOTER’s sole discretion, it believes that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants, viewers, the PROMOTER, the Contest Entities or judges.
10. INTELLECTUAL PROPERTY RIGHTS
Entering the Contest does not create or confer any license, right or ownership interest under any copyright, trade mark or other intellectual property laws in or to any intellectual property owned and/or controlled by the PROMOTER.
As between the PROMOTER and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in the contents of their entry (with the exception of any element of the contents of the entry which represents, derives from, or is based upon the PROMOTER’s games (for example characters, settings, plot, art, design work, sounds and locations), which will remain the property of the PROMOTER or its licensors). Entrants are responsible for securing proper intellectual property protections. The PROMOTER will not assume ownership responsibility. Entrants are responsible for ensuring they are not infringing on the intellectual property rights of another individual or entity. As a condition of entry, Entrant grants the PROMOTER, its subsidiaries, agents and partner companies, a worldwide, irrevocable, non-exclusive, royalty-free, transferable, sub-licensable and perpetual right to use, reproduce, modify, create derivative works from, distribute, adapt, transmit, broadcast, and otherwise communicate, publicly display and publicly perform contents of the entries where applicable: (1) for the purposes of allowing the PROMOTER and judges to evaluate the entries for purposes of the Contest; and (2) in connection with advertising and promotion to the public or other groups, including, but not limited to, the right to make screenshots, animations and photo montages available for future advertising and promotional purposes, each without further notice, attribution or compensation to you.
11. PRIVACY
Entrant acknowledges and agrees that the PROMOTER may collect, store, share and otherwise use any personally identifiable information provided to the PROMOTER throughout the Contest, including, but not limited to, name, mailing address, phone number and email address. The PROMOTER will use this information in accordance with its Privacy Policy located at
https://www.frontier.co.uk/privacy-policy, including without limitation for administering the Contest and verifying an Entrant’s identity, age, postal address, email address, relevant social media username and telephone number in the event an entry qualifies for a prize and for marketing purposes as permitted by law. PROMOTER may need to share contest winners’ personally identifiable information with suppliers for the purpose of ordering and shipping prizes directly to winners.
Where within the PROMOTER’s Privacy Policy noted above, Entrant’s information may also be transferred to countries outside the country of their residence, including the United States. Such other countries may not have privacy laws and regulations similar to, or deemed adequate by, those of the country of Entrant's residence. Entrant has the right to request access, review, rectification or deletion of any personal data held by the PROMOTER in connection with the Contest by writing to the PROMOTER at the postal address provided.
12. PUBLICITY
By accepting a prize, Entrant agrees to the PROMOTER and its agencies use of his or her name and/or likeness, contents of entry (where applicable) for advertising and promotional purposes of the Contest without additional compensation, unless prohibited by law. As described in sections 5 and 9, Entrants may be asked to complete a publicity release.
13. WARRANTY AND INDEMNITY
To the maximum extent permitted by law, each Entrant:
(a) indemnifies and agrees to keep indemnified the PROMOTER, the Contest Entities, Facebook, X or any other relevant Social Media platform or platform owner at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any representation or warranty set forth herein; and
(b) agrees to defend, indemnify and hold harmless the PROMOTER and the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all injuries, losses, liabilities, damages of any kind to persons or property, including death, costs and expenses (including reasonable attorney’s fees) arising out of or accruing in whole or in part, directly or indirectly from entrant’s participation in the Contest or any Contest-related activity or (a) any entry or other material uploaded or otherwise provided by the Entrant that infringes any copyright, trade mark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Entrant in connection with the Contest; (c) any non-compliance by the Entrant with these Rules; (d) claims brought by persons or entities other than the parties to these Rules arising from or related to the Entrant’s involvement with the Contest; (e) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; (f) any malfunction or other problem with the Contest Site(s); (g) any error in the collection, processing or retention of entry information; or (h) any typographical or other error in the printing, offering or announcement of any prize or winners.
14. ELIMINATION
Any false or incorrect information provided within the context of the Contest by any Entrant concerning identity, age, mailing address, telephone number, email address, ownership of right, or non-compliance with these Rules, or the like, may result in the immediate elimination of the Entrant from the Contest.
15. INTERNET AND OTHER TECHNICAL ISSUES
The PROMOTER and the Contest Entities are not responsible for any malfunction or for any late, lost, damaged, misdirected, incomplete, undeliverable or destroyed entries due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site(s), or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an Entrant’s ability to participate.
16. RIGHT TO CANCEL, MODIFY OR DISQUALIFY
If for any reason the Contest is not capable of running as the PROMOTER intended, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, the PROMOTER reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Contest and if terminated, the PROMOTER may elect to determine the potential winners for the Contest from among all eligible Entrants received prior to action taken using the judging criteria specified above. The PROMOTER further reserves the right to disqualify any Entrant who violates these Rules or tampers with the submission process or any other part of the Contest or Contest Site(s). Any attempt by an Entrant to deliberately damage any website, including the Contest Site(s), or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, the PROMOTER reserves the right to seek any and all remedies available from any such Entrant to the fullest extent of the applicable law.
17. NOT AN OFFER OR CONTRACT OF EMPLOYMENT
Under no circumstances shall the submission of an Entry into the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with either the PROMOTER or the Contest Entities. Entrants acknowledge that entries have been submitted voluntarily and not in confidence or in trust. Entrant acknowledges that no confidential, fiduciary, agency, or other relationship, or implied-in-fact contract now exists between Entrant and the PROMOTER or the Contest Entities and that no such relationship is established by Entrant’s submission of an entry under these Rules.
18. LIMITATION OF LIABILITY
The PROMOTER and the Contest Entities are not responsible for: (a) lost, late, damaged, destroyed, delayed, stolen, misdirected, incomplete, or illegible garbled entries, Facebook, X posts or comments, or entries, Facebook, X posts or comments received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware, or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Contest; or (e) printing, typographical, electronic, or human errors which may occur in the offer or administration of the Contest or the processing of entries. Entrants agree that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Contest (but not the development of the entry) but in no event legal representatives’ fees; and Entrants waive all rights to claim any punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
19. JURISDICTION AND GOVERNING LAW
The laws of England apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the exclusive jurisdiction of the courts of England.
21. LIST OF WINNERS
You may request a list of winners provided for up to thirty (30) days following the conclusion of the Contest Period on written request to the PROMOTER’s registered office marked for the attention of the Marketing Department.
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