Rockstar Games is holding a Red Dead Online (“RDO”) photo event (the “Event”) giving six (6) talented Red Dead Online fans an opportunity to have their photo submission featured in game as a Camp Flag, Bar Portrait, and/or Photo Studio Backdrop.
Please read these Terms and Conditions (“Terms”) before participating in the Event. Participation in the Event constitutes your (“you” or “Participant”) full and unconditional agreement to and acceptance of these Terms, and represents that you satisfy all of the requirements set forth below.
THIS IS NOT A CONTEST AND THERE IS NO PRIZE.
1. Participation. To participate in the Event, you must (i) be a member of the Rockstar Games Social Club, available at www.rockstargames.com/socialclub (“Social Club”) (becoming a member is free); (ii) upload to the Social Club site an in-game screenshot from RDO created by you using the game’s Advanced Camera (which can be purchased here) or the regular free handheld Camera; (iii) visit https://socialclub.rockstargames.com/photos and tag your photo with “#NATURALIST ” and (iv) meet the requirements set forth below. If your submission is selected and should you receive an email notification from Rockstar Games asking you to verify your eligibility, you must respond to such notification no later than 48 hours after it was sent. Non compliance with these Terms can result in disqualification. There is no limit on the number of submissions you can make; however, each submissions must be significantly different from any other submission made by you, as determined by Rockstar Games, in its sole discretion, and any person can only have one (1) submission selected.
Participants must be (a) legal residents in their country of residence; (b) 18 years of age (or majority age for the country of residence); and (c) a resident of the following countries: Algeria, Argentina, Australia, Austria, Bangladesh, Belgium, Brazil, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Japan, Kazakhstan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malaysia, Malta, Mauritania, Mexico, Morocco, Netherlands, New Zealand, Norway, Pakistan, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Romania, Russia, Saudi Arabia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, and the United States.
2. Evaluation. The theme for this Event is “#NATURALIST.” Your image should showcase any of the new content from The Naturalist update, or any wildlife that existed prior to The Naturalist update, using the regular handheld Camera or the Advanced Camera in Red Dead Online. Image submissions should be appropriate for a general audience and created by you. Image should not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. “#NATURALIST” images will be evaluated by Rockstar Games to determine which images, if any, it will select. There is no guarantee that Rockstar Games will select any image submitted as part of this Event. Decisions of Rockstar Games are final and binding.
3. Event Period. The Event Period starts at 12:00:01 AM ET on August 14th, 2020 and ends at 11:59:59 PM ET on September 7th, 2020. Eligible images may be uploaded to Social Club during the Event Period. Eastern Time or “ET” is the local time zone for New York City in the United States.
Rockstar Games is not responsible for late, lost, delayed, incomplete, corrupt, stolen, garbled, inaccurate, or misdirected submissions or communications of any kind or for theft or destruction or unauthorized access or alterations of materials, phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
If your image is selected by Rockstar Games, you grant to Rockstar Games and its licensees, successors and assigns an unlimited, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, exploit, perform, edit, create derivatives of, and otherwise use the image and all elements of such image, together with any other material, and your name, avatar, city and state of residence, image and/or likeness, for Camp Flags, Bar Portraits, and/or Photo Studio Backdrops, without compensation or notification to, or permission from, you. Rockstar Games is not responsible for any unauthorized use of submission by third parties. Rockstar Games has no obligation to make use of the rights granted herein.
4. Collection and Use of Information. The information necessary to conduct the Event is collected both at the time an individual joins Social Club, in accordance with the terms of Rockstar Games’ Privacy Policy, available at www.rockstargames.com/privacy (the “Privacy Policy”), and by Rockstar Games via email if your image is selected. In the event that you are a citizen of France, and/or any of the other countries whose citizens are eligible for this Event, and pursuant to French law and/or other legislation pertaining to data collection and processing, you are informed that the data collector is Take-Two Interactive Software, Inc., whose servers and computer systems are based in the United States and therefore stores such data in the United States. Upon request, you will be provided with access to your personal data. You also have a right of opposition to the data collection, under certain circumstances. You may exercise such rights in accordance with the Privacy Policy. You may also withdraw your personal data upon request, however you will be disqualified as a participant in the Event if you withdraw your personal data prior to the selection of the reward receiver.
5. Releases. To the extent permitted by applicable law, by participating in the Event, you release Rockstar Games and any of its parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the “Released Parties”) from any liability whatsoever, and agree not to make any claims against the Released Parties in respect of any costs, injuries, losses, or damages of any kind arising out of or in connection with the Event (including, without limitation, participation in the Event), whether under a theory of contract, tort (including negligence), warranty or other theory. Some jurisdictions do not allow (i) the exclusion of implied warranties on applicable statutory rights; and in the case of the countries of Germany, the United Kingdom, and/or the Netherlands, (ii) limitations on a contracting party’s liability with regards to damages or death caused due to its negligence or intentional misconduct, so the above exclusions and limitations may not apply in some cases.
Further, by participating in the Event, you release the Released Parties from any and all liability with respect to the Event, including without limitation (i) any condition caused by events beyond Rockstar Games’ control that may cause the Event to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with participation in the Event; and (iii) any printing or typographical errors in any materials associated with the Event.
Rockstar Games’ decisions in all respects relative to the Event are final. Rockstar Games reserves the right, in its sole discretion, to cancel, modify or suspend the Event in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Event is compromised, without liability to the Participant. Rockstar Games reserves the right to disqualify any participant, as determined by Rockstar Games in its sole discretion.
6. Disputes. Except where prohibited by law: (a) As a condition of participating in this Event, Participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Event, shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective; (b) Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (e.g., costs associated with participating in this Event), and Participant further waives all rights to have damages multiplied or increased; and (c) The arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Further, except where prohibited by law, this Event is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of Participant and Rockstar Games in connection with this Event, shall be governed by, and construed in accordance with, the laws of the State of New York, USA, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Disputes Section of these Terms and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York, County of New York.
If you have questions about the Event, please contact Rockstar Games, 622 Broadway, New York, NY 10012, USA.