The Last kids On Earth – Fan Competition

Terms and Conditions (04/06/2021)

The following terms and conditions (the “Rules”) set out the terms for the The Last kids On Earth “June 2021 Fan Competition” (04/06/2021) , (the “Fan Competition”). Many will enter, one will win.

Licensors:

©2020 ATOMIC CARTOONS INC. PUBLISHED BY OUTRIGHT GAMES LIMITED. SOFTWARE ©2020 OUTRIGHT GAMES LIMITED. DEVELOPED BY STAGE CLEAR STUDIOS. ALL OTHER TRADEMARKS AND COPYRIGHTS ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. ALL RIGHTS RESERVED.

Section A) Definitions and Introduction:

1. In these Rules the following words and phrases shall have the following meanings:

“Fan Competition Post” the Twitter, Facebook and Instagram post which announces commencement of the Fan Competition.

“Contestant” any natural person who enters the Fan Competition.

“Intellectual Property Rights” patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair Fan Competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world

“Submitted Content” any materials submitted to us as part of the Fan Competition for example screenshots or images and other materials

“us”, “we”, “our” and “Outright Games” any references to “us”, “we”, “our” and “Outright Games” shall be references to Outright Games Ltd, 50 Broadway, London, SW1H 0RG

“Winner” a winner of a prize of the Fan Competition.

“You” any reference to “you” is to you as a Contestant in or winner of a Fan Competition

1. The Fan Competition is sponsored solely by us. We will conduct the Fan Competition substantially as described in these Rules.
2. We reserve the right, in our reasonable discretion, to add to, amend, vary or waive these Rules on reasonable notice with future effect at any time insofar as it appears reasonable and does not place the Contestant at a disadvantage in bad faith. Modifications may become particularly necessary in order to implement adjustments reflecting a change in a legal position. New court decisions are also considered a change in a legal position. Further developments and changes may also require a modification or amendment of these Rules.
3. These Rules represent the entire agreement between You and us relating to the Fan Competition and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). We object any of your general terms and conditions.
4. Failure to enforce any term does not constitute a waiver of that term.
5. If any part of these Rules is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the Rules will remain in full force and effect.
6. These Rules and the Agreement based on these Rules are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly, no person shall derive any benefit or have any right, entitlement or claim in relation to these Rules by virtue of the Contracts (Rights of Third Parties) Act 1999.

Section B) Eligibility:

1. The Fan Competition is open only to those who adhere to these Rules. By entering the Fan Competition you agree to these Rules and confirm that you are eligible to do so and eligible to claim any prize you may win. We may require you to provide proof that you are eligible to enter the Fan Competition.
2. To enter the Fan Competition You must be over 13 years of age. If you are under the age of 18, you must obtain written parental or guardian consent to enter and claim your prize. We may ask the Winner to provide proof of age.
3. You must not be an employee, officer, contractor, consultant and other personnel of us or otherwise directly or indirectly connected with the administration of the Fan Competition.
4.  This is a Fan Competition for residents of the United States, Canada, Great Britain and European Union where participation in Fan Competition of that nature on these terms is lawful.

Section C) Agreement to the Rules:

1. By entering the Fan Competition, participating in it, winning the Fan Competition or accepting any prize, You agree to be fully unconditionally bound by these Rules, and represent and warrant that You meet the eligibility requirements.
2. In addition, You agree and accept the decisions of Outright Games as final and binding as it relates to the content of this Fan Competition.

Section D) Fan Competition Period:

1. Entries will be accepted on Twitter/Facebook or Instagram from 04th June 2021 and ending 10th June 2020.
2. All entries must be received by us by 10th June  2021 at 11am BST.

Section E) How to Enter:

Twitter:

The Fan Competition must be entered by:

Facebook:

The Fan Competition must be entered by:

a. Comment the post with #TLKOEFanCompetition and tell us how you would survive a Zombie Apocalypse for a chance to win a digital copy of the game. Winners announced next week!

Instagram:

The Fan Competition must be entered by:

a. Comment the post with #TLKOEFanCompetition and tell us how you would survive a Zombie Apocalypse for a chance to win a digital copy of the game. Winners announced next week!

2. For making such a post or comment you require a Twitter, Facebook or Instagram account and log into your Twitter, Facebook or Instagram.

3.Any Submitted Content or Comment that is incomplete or deemed inappropriate at our discretion can be removed at our sole discretion and will not constitute a valid entry for the Competition.

1. Content guidelines:

• The Submitted Content must not 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.
• The Submitted Content 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 us, determined by us in our sole and exclusive discretion.
• The Submitted Content must not disparage Outright Games or any other person or entity.
• The Submitted Content must not contain corrupted files, viruses, or any other similar files, the intent of which is to damage the operation of another’s computer.
•  The Submitted Content 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.
• The Submitted Content must not depict material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submitted Content is created or submitted.

1. Entries are limited to one per person. Multiple entries by one person using duplicate accounts, through agents or third parties or any automated entry software or any other means which would allow the person to automatically enter repeatedly will result in all entries by that person being invalid.
2. For the avoidance of doubt, no purchase or entry fee is necessary to enter or win this Fan Competition. A purchase of any kind does not increase the chance of winning the Fan Competition in any way.
3. By entering the Fan Competition, you agree that you are entering in to a Fan Competition whereby there will be one winner out of many applicants.

Section F) Prizes:

1. Winner will receive a The Last Kids on Earth video game (Digital Copy).  Prize may vary, chosen at Outright Games’ discretion.
2. No cash or other prize substitution shall be permitted. The prize is non-transferable.
3. In the unlikely event that the relevant prize should become unavailable, we reserve the right to substitute for an equivalent prize of equal or greater value.

Section G) Winner Selection and Notification and Delivery of the Prize:

1. Winner will be selected by us in line with any criteria set out in the Fan CompetitionPost and/or any additional criteria described under these Rules under section E and/or set out on our website. The Winner will be selected by us and be selected based on the criteria for entry.
2. Winner will be notified by Outright Games via Twitter, Facebook or Instagram message within 1 days following the selection of the winner. Winner has to claim the prize and provide us with their name and address to where the prize shall be delivered within 5 days upon us contacting them.
3. We shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or any other security settings or circumstances beyond our control.
4. If the Winner cannot be contacted or fails to adhere to any of the Rules or fails to claim the prize within 5 days of us contacting them, we will determine another Winner in accordance with this Section G and the prize will be assigned to this Winner.
5. A prize will not be awarded to a person who, for any reason, would not be allowed by law to purchase or use the prize or where the supply of the prize to that person would be unlawful.
6. If the prize cannot be delivered to the Winner despite our reasonable endeavours to ship the prize to the Winner, we will determine another Winner who will receive the prize.
7. You shall be disqualified from entering the Fan Competition, and, if you have won a prize, we may withdraw the same, or recover it from you if it has already been given, in case:
   o of any violation of these Rules or any other terms relating to the Fan Competition by you;
   o You provide incorrect, incomplete or outdated information in relation to the entry;
   o You commit any kind of fraud, dishonesty, deceit, misconduct or similar action in respect to the Fan Competition.
   If a Winner is disqualified, we will determine another Winner in accordance with this Section G.

Section H) Cancellation of theFan Competition:

1. We shall be entitled, in our reasonable discretion, to cancel, delay and/or recommence the Fan Competition with immediate effect by online announcement without any liability, especially where the Fan Competition is unable to run as planned due to a computer virus network/technical/communications failure, tampering or any cause beyond our reasonable control.
2. If a Fan Competition is cancelled after a valid Winner is selected, we will use reasonable endeavours to offer the prize or an alternative, equivalent prize. If such alternative prize is offered but not accepted by You, You shall have no claim against us in respect of the cancellation or delay of the Fan Competition or for any expense or damage whatsoever incurred as a result.

Section I)

Data Privacy, Consent in Winner Announcement and Intellectual Property Rights:
1. Information submitted with an entry as well as any other data related to the Fan Competition is processed subject to our Privacy Policy stated on the Outright Games website. For further information our Privacy Policy is available under https://www.outrightgames.com/privacy-policy/.

1. By entering the Fan Competition you agree that, if you win, Outright Games is allowed to use your name and Submitted Content for announcing the Winner on our social media pages.
2. Entering the Fan Competition does not create or confer any license, right or ownership interest under any copyright, trademark or other Intellectual Property Rights in or to any intellectual property owned and/or controlled by ©2020 ATOMIC CARTOONS INC.
3. By entering the Fan Competition you grant us a perpetual, non-exclusive, worldwide, irrevocable, royalty-free licence to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit your Intellectual Property Rights in the Submitted Content, and acknowledge and specifically agree that we may use, or not use, your Submitted Content, or any part of it, in any manner, in any media, at any time, in their sole discretion, including but not limited to for the purpose of administering, promoting, reporting on or otherwise operating the Fan Competition, in a commercial manner, and for the purpose of and in advertising and promotions, as well as marketing other campaign promotions, without any compensation, notification, permission or approval. You forever release and discharge us from any liability associated with any such usage.
4. You warrant that you have and shall maintain all permissions, consents, licences and rights required for you to grant us the above licence. You further warrant that your Submitted Content is your own original work. In addition, You agree to release, indemnify, defend and hold us harmless from and against any and all loss, damages, injuries, claims and costs incurred by us arising from your breach of this warranty and these Rules.
5. In the event the Winner would like to withdraw their consent to any of their data being used for the purpose of the Fan Competition, they should contact Outright Games directly via their website on https://www.outrightgames.com/get-in-touch/.

Section J) Release and Limitation of Liability:

1. By participating in the Fan Competition, you agree to release, indemnify, defend and hold Outright Games and its parents, affiliates, subsidiaries, directors, officers, employees, and agents, including advertising and promotion agencies, and assigns, and any other organizations/entities related to the Fan Competition as well as “Licensors” harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Fan Competition or acceptance or use of a prize or parts thereof.
2. None of these Rules shall limit our liability for death or personal injury caused by our negligence or the negligence of our employees, or loss caused by a fraud or fraudulent misrepresentation by us or our employees, or any other liability that cannot be excluded by law.
3. SUBJECT TO THE ABOVE PARAGRAPH, THE RELEASEES EXCLUDE ALL LIABILITY WHATSOEVER FOR ANY COSTS, EXPENSES, DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), LIABILITY, INJURY OR DISAPPOINTMENT SUFFERED BY YOU, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE Fan Competition OR PRIZE, IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, including but not limited to any of the foregoing in connection with:
   a) any postponement or cancellation of the Fan Competition;
   b) any changes to prizes or the way in which they can be used;
   c) damage, loss, injury suffered by you entering the Fan Competition or as a result of accepting any prize;
   d) problems with the allotment or dispatch of prizes (such as prizes failing to reach the intended recipient); and
   e) any act, omission or default of any third party supplier.
4. The Releasees shall have no liability for network, computer, hardware or software failure of any kind, which may affect the sending, receipt or processing of Your entry. Additionally, the Releasees shall have no liability for any other errors or problems of any kind, whether network, computer, mechanical, typographical, human or otherwise, related to or in connection with the Fan Competition including any errors or problems which may occur in connection with the administration of the Fan Competition the processing of entries, the announcement of the prizes or in any Fan Competition-related materials.
5. These exclusions of liability also apply to the Releasees employees, representatives and vicarious agents and especially to the benefit of our shareholders, employees, representatives, organs and their members with regard to their personal liability.

Section K) US Law and US Courts:

1. We make no representation that this Fan Competition is lawful or appropriate outside of the United States. If you access the Fan Competition  from outside of the United States, you are responsible for compliance with all applicable local laws.
2. The Fan Competition, and any dispute or claim arising out of or in connection with it (including the prizes), shall be governed by and construed in accordance with US law. You irrevocably agree that the courts of United States shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Fan Competition (including the prize).

Section L) Disclaimers:

1. This Fan Competition is in no way sponsored, endorsed or administered by, or associated with Twitter or Facebook/Instagram, ©2020 ATOMIC CARTOONS INC. or any other party other than us. You understand that you are providing your information to us and we will collect and process your personal information related to the Fan Competition as set forth in these Rules.
2. ©2020 ATOMIC CARTOONS INC., the logos and all related characters and elements are trademarks and ©2020 ATOMIC CARTOONS INC. All Rights Reserved.
   Section M) Contact:

You can contact us with any questions regarding the Fan Competition or if you wish to request a Winners List, please submit your request using our website contact form or by email, using the email pr@outrightgames.com