Sumo Simulator Cup Terms and Conditions
These terms and conditions establish the rules of participation and the conditions of execution of the competition organised by the entity The Gang, S.A., Org. no. 517087430, with registered office at Rua de Santa Marta, n.o 32, 3.o C, Santo António, 1150-296, Lisbon, Portugal (“Promoting Entity”) for the “Sumo Simulator” metaverse experience published on the Roblox platform. The competition will mainly focus on sharing progress from the game according to weekly challenges provided by the Promoting Entity.
1. Acceptance of Terms. Below are the terms and conditions that govern your participation in the Sumo Simulator Cup competition (respectively the “Contest Terms” and the “Contest”). These Contest Terms are supplemental to the Roblox Terms of Use (“General Terms”) which govern your use of the Roblox websites or any Roblox products, software, applications, content, data feeds, and services (“Roblox Services”) and the Roblox Privacy and Cookie Policy (“Privacy Policy”), which governs how Roblox process your personal data in the context of your relationship to Roblox. The General Terms are incorporated herein by reference. If you do not agree to the General Terms, the Contest Terms and the Privacy Policy, you may not participate in the Contest.
2. General Conditions. The Contest is open to Roblox registered users who are 13 years of age or older as of the date of entry in the Contest. Employees and directors of the Promoting Entity and its subsidiaries, affiliates, advertising agencies are not eligible, nor are persons involved in the execution or administration of this Contest, or any interposed person, such as immediate family members and individuals residing in the same household of each above. The Contest is void where prohibited or limited by law. No purchase or payment is necessary to enter the Contest, and a purchase or payment will not increase the chances of winning.
3. Eligibility.
a) Participants over eighteen (18) years old may participate in the Contest;
b) Participants below the age of eighteen (18) years old must be represented by their parents or legal guardians in order to enter the Contest. If you are a parent or legal guardian consenting to these Contest Terms on behalf of a child under the age of eighteen (18) years old, you represent, warrant and covenant that you and the participant have read these Contest Terms and agree to be bound thereby. The participant further acknowledge and agree that by entering the Contest he or she is accepting a benefit that cannot return or disgorge and that we are relying on your representations regarding your ability to accept and perform these Contest Terms, and therefore both you and your parent or legal guardian waive any right, as far as legally permissible, you may have under applicable law to void, rescind, or otherwise avoid these Contest Terms. We reserve the right to confirm parental consent at any time by any manner, including by having the participant ́s parent or legal guardian sign a parental consent form. Your parent or legal guardian additionally agree to guarantee and be fully responsible for the participant ́s performance hereunder including all financial obligations or liability he or she may incur, and all disclaimers and waivers of applicable legal protections provided herein and agree to take all actions (including executing such additional documents or agreements) necessary to effect and perfect the foregoing. In such cases, prizes will be awarded in the name of the participant ́s parent or legal guardian. Any reference to a participant herein shall be deemed to include his/her parent or legal guardian, as applicable. In all other cases, you represent that you are fully competent to enter, and you hereby agree and acknowledge that you have read, understood, and agree to be bound by these official rules without modification;
c) Participant below the age of thirteen (13) years old are not allowed to participate in the Contest;
d) ParticipantsshouldsubscribetoTheGang ́sYouTubeChannelandjoinThe Gang ́s Discord, by entering the following code “SUMOCUP01” in the “SumoSimCup” Discord channel.
4. Duration and Description of the Contest
a) Duration of the Contest. The Contest will run online from Monday, 8th. January, 2024, at 14.00 hours (Central European Time) to Monday, 5th. February 2024, at 14:00 hours (Central European Time).
b) Description of the Contest
i. Challenges. The weekly challenges will be announced by the Promoting Entity, each Monday, after the beginning of the Contest. The first challenge will be announced on the 8th. of January. The challenges will mostly have an in-game goal tied to the metrics of building strength, a task to take a photo, inviting a friend or participating in an in-game event.
5. Winner Selection.
a) At the end of the Contest, the Promoting Entity will select and announce three runners up, based on the participants performance in the weekly challenges and the winner of the Contest. Both the runners up and the winner of the Contest (collectively referred as the “Winners”) must have participated in all four weekly challenges.
b) The Winners must participate in all four weekly challenges and fulfil the tasks to apply for the prizes indicated in the following section. In addition, The winner of the Contest must have a score equal or greater than 70 000 points on the Sumo Cup leaderboard.
c) The Winners will be selected on the basis of the originality, creativity and technical quality of their participation, namely, in the way they are able to demonstrate their enthusiasm for the Sumo Simulator game experience, as well as the fulfilment of the other criteria indicated in this Contest Terms. The Winners will be selected by a jury defined by the Promoting Entity, whose decision is final and unappealable.
d) Winners will be contacted by the Promoting Entity. If a potential winner is determined by us to be ineligible, unqualified to participate in this Contest, in violation of the Contest Terms, or does not respond to our correspondence within forty-eight (48) hours, the potential winner may be disqualified and a new potential winner may be selected under the same equally weighted criteria, if time permits.
e) The Promoting Entity may at its sole discretion select additional winner/winners.
6. Prize
a) Top Prizes. Possible prizes, for the winner of the Contest, include gaming laptop bundle (high-end gaming laptop, gaming mouse and keyboard, headset with a microphone, Roblox gift cards for in-game purchases), virtual reality experience (VR headset, compatible VR games or experiences, High-quality headphones, Roblox gift cards (for virtual items and accessories) or gaming console bundle (latest gaming consoles, additional controllers for multiplayer gaming, popular game titles, Roblox gift cards for cross-platform gaming). The winner of the Contest can be memorialised in the first level of the game.
Runners up can be rewarded with The Gang merchandising, unilaterally determined by the Promoting Entity.
b) The Promoting Entity reserves the right to change the prizes indicated above, at any time. As Winners, you agree to pay any taxes related to the prize required of you, and to provide the information necessary for us to facilitate payment of the prizes. Failure to acknowledge receipt of your win, or provide your full name and address, within 48 hours of receiving notice of your win from the Promoting Entity (or within another claim period if specifically stated) may invalidate your participation and we may pick an alternative winner.
c) The Promoting Entity is not responsible for the loss of prizes or non-delivery by the contracted delivery service to incorrect or incomplete addresses or for the Winner ́s failure to collect their respective prizes, where applicable, or for emails that are forwarded to junk or spam.
7. Intellectual Property Rights, Representations and Warranties
a) By submiing your participation, you (or your parent or legal guide, in the applicable cases) represent that the content you create for the Contest:
i. is original and has been legally created;
ii. does not and shall not infringe or violate the copyright, intellectual property, privacy or publicity rights or any other legal or moral rights of any third party;
iii. does not and shall not violate any applicable law or regulation;
iv. has the right to grant any and all necessary rights and licenses
provided, including without limitation, all necessary copyright and other related rights to said content free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity.
b) We are not claiming ownership rights to the Content. However, by submiing your participation, you grant us an irrevocable, royalty-free, worldwide right and license to use, review, assess, test and otherwise analyse the Content for the purpose of the Contest.
8. Privacy and Data Protection.
a) Participation in this Contest may involve the processing of personal data, which will be processed in full compliance with the applicable legislation, namely, General Data Protection Regulation (“GDPR”). The entity responsible for processing data in this Contest is The Gang, S.A., Org. no. 517087430, with registered office at Rua de Santa Marta, n.o 32, 3.o C, 1150-296, Santo António, Lisbon, Portugal. The data processed (e-mail, age and other registration information) of the participants are necessary and obligatory for the execution of the Contest, namely for the purposes of determining the winners, awarding the prizes and complying with legal and tax obligations. The data will be processed exclusively for the purposes indicated above on the basis of the execution and management of the Contest within the framework of the contractual relationship established with the participants and for compliance with a legal obligation.
b) The Gang, S.A. may need to transmit data to service providers associated with the management of the Contest. In these cases, The Gang, S.A. ensures that such service providers comply with technical and organisational measures appropriate to the processing activity. Personal data may also be shared with other entities in accordance with applicable legislation, compliance with legal obligations or in response to requests from public and government authorities.
c) Under the terms and within the limits established by law, the exercise of the rights of access, rectification, erasure, limitation, and opposition to processing, as well as the portability of personal data, is guaranteed upon request by email to katherine@thegang.io. A complaint may be lodged with the personal data protection authority (CNPD) or the Data Protection Officer may be contacted to clarify any doubts relating to the processing of personal data within the scope of this competition at katherine@thegang.io.
9. Cancellation. If we are not capable of running the Contest as planned, we reserve the right in our sole discretion to cancel, terminate, modify, or suspend the Contest and select the best participations based on the challenges concluded prior to the cancellation. Persons aempting to “game” the Contest or tampering with the Contest in any way whatsoever to gain an unfair advantage, violating the fair play of spirit of the rules, or abusing any aspect of the Contest will be disqualified. We reserve the right to correct any typographical, printing, computer programming or operator errors, including without limitation computer errors that erroneously award prizes.
10. Conduct. We reserve the right in our sole discretion to disqualify any individual we believe to be tampering with the participation process, the operations of the Contest or the Roblox website; to be acting in violation of the Contest Terms and the General Terms; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY DELIBERATE ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Third Parties. You understand that the Contest may involve advertisers, sponsors or other third parties (“Third Parties”). You understand that the Contest is solely between you and us (and not with any third parties) that third parties will have no liability to you for anything related to the Contest, and that in any case you release all third parties from any liability to you related in any way to the Contest.
12. Miscellaneous
a. Governing Law. These Contest Terms shall be governed by and construed in accordance with the laws of Portugal. Any dispute concerning the execution, interpretation or termination of the Contest Terms shall be submied to the exclusive jurisdiction of the Lisbon District Court.
b. Severability. If any provision or portion of the Contest Terms shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
c. Conflict and Inconsistencies. In the event of any conflict or inconsistencies between the Contest Terms and the General Terms, the Contest Terms shall prevail. Lisbon, 4th. January, 2024
