DEAD BY DAYLIGHT CONTEST The Dead by Daylight (“Game”) contest (the “Contest”) is held by Behaviour Interactive Inc. (“BHVR”) for the period of time detailed on the Game’s forum and/or applicable social media or other Contest-related websites (each, the “Contest Page”).
NO PURCHASE NECESSARY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ALL APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS AND REGULATIONS APPLY. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (the "Contest Rules").
1. ELIGIBILITY
A. The Contest is open to participants residing in the territories stated on the respective Contest Page, excluding North Korea, Russia, Sudan, and Syria, who have reached the age of majority in their province/territory of residence or older at the time of their participation. The Contest is void where prohibited or restricted by law.
B. Employees of BHVR, its affiliates, related companies, or any distributor or company involved in the supply of the Prize (as defined below), and the household members of any of the above, are not eligible to participate in the Contest.
C. BHVR shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. BHVR reserves the right, in its sole discretion, to disqualify any participant should such a participant at any stage supply untruthful, incomplete, inaccurate or misleading personal and other information.
2. CONTEST PERIOD
The Contest begins and ends on the date and time detailed on the Contest Page, Eastern Time ("ET") (the "Contest Period"), after which time the Contest will be closed and no further entries will be accepted. BHVR may cancel, terminate or modify the Contest at its sole discretion, at any time.
3. HOW TO ENTER
To enter the Contest, the participant must:
(i) visit the Contest Page during the Contest Period and reply to the contest post by submitting a Submission (as defined below) before the end of the Contest Period. Participants must create an account on the Contest Page in order to participate in the Contest. Each submission must consist of the elements detailed on the Contest Page during the Contest Period (each element, a “Submission”).
A. Limit of one (1) entry and Submission per person, per household and per e-mail during the Contest Period. In the case of multiple entries, only the first eligible entry and related Submission will be considered.
B. No entries nor Submissions will be returned to participants for any reason. Entries must be received no later than the end of the Contest Period.
C. Entries will be declared invalid if they are late, illegible, incomplete, or damaged.
D. Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the entry.
E. BHVR reserves the right to make determinations of suitability of the entries and/or Submissions in its sole discretion, and to disqualify any entries and/or Submissions it determines to be inappropriate for any of the reasons listed above, or for any other reason.
4. SUBMISSIONS
A. The Submissions must be the participants’ original work. Depiction of or mention of any content in the Submissions must not violate any third party personal or intellectual property rights, including without limitation, copyrights, trademarks, publicity or privacy rights.
B. Prior to the receipt of their Submissions by BHVR, participants warrant and guarantee to BHVR that (i) they are the sole owners of their Submission and have the right and authority to submit their Submission to BHVR, and that (ii) their Submission does not infringe the personal or intellectual property rights of third parties, including without limitation, copyrights, trademarks, publicity or privacy rights.
C. Provided that the Submissions are eligible as per the Contest Rules, participants acknowledge and agree that any copyrights, patents, trade secrets or any other intellectual property rights associated with any idea, concept, technique, invention, method or content developed or created by the participants and embodied in or pertaining to the Submissions are the exclusive property of BHVR. Therefore, by submitting a Submission, participants irrevocably cede, transfer and assign to BHVR, worldwide and in perpetuity, without any limitation whatsoever and without any further consideration, all right, title and interest, including but not limited to, any intellectual property rights in the Submission. Participants expressly waive all rights, titles, and interests in their Submissions, and, to the fullest extent permitted by applicable law, any moral rights in the Submissions. Further, participants waive the enforcement of any and all rights, claims and causes of action of any kind against BHVR with respect to the Submissions and related rights. This assignment is effective as of the date of submission of each Submission. Participants acknowledge that there are, and may be, future rights that BHVR may otherwise become entitled to with respect to the Submission that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe employing current and/or future technology yet to be developed. The foregoing assignment of rights to BHVR includes all now known and unknown uses, media, means and forms of exploitation, throughout the universe. To the extent that any Submission is not assignable, participants hereby grant to BHVR a perpetual, irrevocable, fully paid-up, royalty-free, transferable, sublicenseable, exclusive, worldwide right and license to use, reproduce, quote, re-post, sublicense, distribute, display, transmit, broadcast, otherwise communicate and perform (whether publicly or otherwise), prepare derivative works of and otherwise modify and use and exploit all or any portion of such Submission, in any form or media (now known or later developed), without notice, payment or attribution of any kind to participants or third parties. Participants further undertake to do, upon BHVR's request, anything reasonably required to allow BHVR to obtain all title or protection, or to allow BHVR to execute the rights obtained by this Contest Rules with respect to the Submissions, and to execute any document that may be required by BHVR for that purpose.
D. BHVR reserves all rights, title and interest in and to the Submission which are not expressly granted herein. Participants shall not use or create derivative works of the Submission except as expressly permitted herein, or in any way exploit, the content contained in the Submission for commercial purposes, without the express written permission of BHVR. BHVR does not consent to the protection under the copyright laws of any unauthorized derivative work. For the avoidance of doubt, the creation and sale of merchandise based on the Submission is expressly prohibited. For more information regarding “fan content” that participants may create and use, please refer to BHVR’s terms of use available at https://www.bhvr.com/terms-of-use/.
E. Participants acknowledge that BHVR and its agents, representatives, licensees, and assigns have no obligation to acknowledge the participants as the authors of the Submissions.
5. DRAW AND PRIZE CLAIM
A. On the date and time indicated on the Contest Page, at BHVR’s offices in Montreal (Quebec), a selection will be conducted among all eligible entries and Submissions received during the Contest Period for the purpose of selecting the potential winners. The selection will be made based on the criteria below:
o Respect of the Contest Rules;
o Respect of the essence of the Game and/or its characters and/or environments in the Submission;
o Quality of the Submission;
o Originality of the Submission; o Any other selection criteria listed on the Contest Page.
The selection of the winners will depend on the choice of the BHVR judging panel which will be composed of competent professionals in the video game industry. The judging panel shall make an independent decision based on the criteria listed above.
B. BHVR will pick a maximum number of participants, as detailed on the Contest Page, depending on the recommendations of its judging panel. BHVR is the sole judge of this contest and reserves the right to elect the judging panel as it sees fit. All judgment is final and non-negotiable.
C. The selected participants will be notified by BHVR by email no later than the date and time indicated on the Contest Page, ET time, and shall contact BHVR as prescribed in BHVR’s notification.
To be declared winners, the selected participants must:
D. If the selected participants fail to comply with any of the conditions set forth in the Contest Rules and/or the Declaration and Release Form, they will be disqualified and will not receive the Prize, which may be awarded to other participants selected by BHVR.
6. PRIZE
A. Each of the winners will be awarded one or more prizes (each, a “Prize”), as detailed on the Contest Page.
B. The Prize has the monetary value described on the Contest Page and includes only the elements specifically described on such Contest Page.
C. The following conditions apply to the Prize:
i. No changes to the Submission will be accepted once the participant sends his or her Contest entry. BHVR may modify and adapt the Submission and/or create derivate works of the Submission, at all times, in its sole discretion.
ii. No compensation will be awarded to the winner in the event he/she cannot access the Game and/or the Prize for any reason whatsoever.
iii. The winner hereby agrees that BHVR publishes his or her Steam username, social media handle and/or any other personal information detailed on the Contest Page (which was previously provided by the participant), including any other information previously provided by the winner(s) to BHVR, within the Game and for advertising purposes in connection with the Game and/or Contest, for a period of ten (10) years as of the end of the Contest Period, and he/she consents to the use of such elements according to Section 12 of the Contest Rules.
iv. The Prize must be accepted as awarded and cannot be contested in any way by the winners. The Prize cannot be transferred, assigned, substituted or redeemed for cash, except as determined by BHVR. BHVR reserves the right, in its sole discretion, to substitute the Prize by prizes of equal or greater value if the Prize (or any portion thereof) cannot be awarded for any reason. There will be no compensation made to the winner if the Prize (or any portion thereof) is not used.
7. DECLARATION AND RELEASE FORM
The selected participants will be required to fill out, sign and return to BHVR the Declaration and Release Form that confirms: (i) their eligibility for the Prize and their compliance with these Contest Rules; (ii) their acceptance of the Prize as offered and in the condition it is at the time of receipt; (iii) that they are the sole owners of their Submissions prior to their receipt by BHVR and have the right and authority to submit their Submissions to BHVR; (iv) that their Submission does not infringe the personal or intellectual property rights of third parties, including without limitation, copyrights, trademarks, publicity or privacy rights; (v) their agreement not to instigate, support, or authorize any action, claim or lawsuits against BHVR on the grounds that any use of any Submission or derivative work thereof infringes or violates any of entrants’ rights therein, and (vi) their release of (a) Instagram, (b) Facebook, (c) Twitter, (d), Twitch, (e) Discord, (f) Gleam and any other platform on which the Contest is administered and/or advertised, as well as (g) BHVR, its affiliates, shareholders, directors, representatives, officers, employees, agents, service providers and partners listed on the Contest Page (collectively, the "Released Parties"), from any and all liability for any loss, harm, damages, cost or expense arising in whole or in part, directly or indirectly, from (1) the entrants’ acceptance, possession, use or misuse of the Prize, and/or (2) the entrants’ participationin the Contest, and/or (3) any breach of the Contest Rules, and/or (4) any Prize-related activity, and/or (5) for the use, modification, adaptation, or lack thereof, of the Submission by BHVR, and/or (6) for any potential or actual infringement of thirdparty personal or intellectual property rights, including without limitation, copyrights, trademarks, publicity or privacy rights-related claims regarding the Submission, and/or (7) if applicable, from any defects in the Prize, from any lost, misplaced, delayed shipments or damaged freight and from any cost or expense arising from customs restrictions, duties or taxes.
8. RELEASE
By entering the Contest, each participant releases the Released Parties from any and all liability for any loss, harm, damages, cost or expense arising in whole or in part, directly or indirectly, from (i) the termination and/or suspension of the Contest as well as the modification to any Prize, (ii) the acceptance, possession, use or misuse of the Prize, (iii) their participation in the Contest, (iv) any breach of the Contest Rules, (v) any Prizerelated activity, (vi) for the use, modification, adaptation, or lack thereof, of the Submission or any derivative works based on the Submission, by BHVR, (vii) any and all claims that participants may now or hereafter have in any jurisdiction based on “moral rights” or unfair competition with respect to BHVR’s exploitation of entries and/or Submissions without further notification or compensation to participants of any kind, or (vii) for any third-party personal or intellectual property rights infringement of the Submission, including without limitation, copyrights, trademarks, publicity or privacy rights.
9. THIRD PARTY PLATFORMS DISCLAIMER
Participants are hereby providing their information to BHVR and not to Instagram, Facebook, Twitter, Twitch, Discord, Gleam or any other platform on which the Contest is administered and/or advertised. This promotion is in no way sponsored, endorsed or administered by, or in association with Instagram, Facebook, Twitter, Twitch, Discord, Gleam or any other platform on which the Contest is administered and/or advertised.
10. LIMITATION OF LIABILITY IN NO EVENT SHALL THE RELEASED PARTIES BE HELD RESPONSIBLE FOR, AND ENTRANT HEREBY RELEASES THE RELEASED PARTIES FROM ANY CLAIMS ARISING FROM OR IN ANY WAY RELATING TO:
(i) LATE, LOST, MISDIRECTED, UNINTELLIGIBLE, INCOMPLETE, FALSIFIED, INFRINGING, AND/OR DAMAGED ENTRIES, SUBMISSIONS, NOTIFICATIONS AND/OR REPLIES, INCLUDING ENTRIES THAT CANNOT BE ENTERED FOR ANY TECHNICAL REASON;
(ii) ANY COMPUTER, ONLINE, SOFTWARE, HARDWARE OR TECHNICAL MALFUNCTIONS THAT MAY OCCUR, INCLUDING BUT NOT LIMITED TO MALFUNCTIONS RELATED TO THE USE OF THE CONTEST PAGE OR THAT MAY AFFECT THE TRANSMISSION OR NON-TRANSMISSION OF AN ENTRY AND/OR A SUBMISSION;
(iii) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST OR BY ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST;
(iv) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES AND/OR SUBMISSIONS;
(v) THE INABILITY TO CONDUCT THE CONTEST AS PLANNED FOR ANY REASON, INCLUDING THOSE REASONS BEYOND THE CONTROL OF BHVR, SUCH AS TECHNICAL FAILURES; AND
(vi) PARTICIPANT’S ACCEPTANCE, USE OR LOSS OF ANY PRIZE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO PARTICIPANT IN WHOLE OR IN PART. Nothing in these Contest Rules shall be deemed to exclude or restrict any of the participants’ statutory rights as consumers.
11. CONDUCT
A. By entering the Contest, each participant agrees to be bound by the Contest Rules, which will be posted on the Contest Page during the Contest Period. Each participant further agrees to be bound by the decisions of BHVR, which shall be final and without appeal.
B. In addition to its other rights, BHVR reserves the right, in its sole discretion, to disqualify any participant found to be (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest page; and/or (c) acting in an unsportsmanlike or disruptive manner, or with the intent to abuse, threaten or harass any other person. The person in question may be reported to the competent legal authorities.
12. PERSONAL INFORMATION AND AUTHORIZATION
A. BHVR can collect, process and use personal information provided by the participants (including – without limitation – his/her username and social media handle) for the sole purpose of administering the Contest and for the promotion of the Contest on its websites and social media pages. BHVR will process any such personal information in accordance with any applicable data protection rules and legislation and its Privacy Policy available at https://www.bhvr.com/privacy-policy/. Subject to applicable law, Participants may have the right to access, delete, and correct their personal data by contacting support@bhvr.com.
B. By entering the Contest, the participants also agree to grant an irrevocable and royalty free licence and permission to BHVR to use their personal information (as previously provided by the winners to BHVR), within the Game and for advertising purposes in connection with the Game and/or Contest, in any media and platform now known or hereafter devised, for ten (10) years as of the end of the Contest Period, without any form of compensation or prior notice.
13. INTELLECTUAL PROPERTY
Any and all Contest related material is protected by intellectual property (including but not limited to trademarks, trade names, logos, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations) and is the sole and exclusive property of BHVR. Use of such protected material without the prior written consent of BHVR is strictly prohibited. For all questions regarding “fan content” and its use, please refer to BHVR’s terms of use available at https://www.bhvr.com/terms-ofuse/.
14. RULES
The Contest Rules are available on the Contest Page during the Contest Period, and may be available on the Game website (accessible at https://deadbydaylight.com/). The Contest Rules are applicable to each person who enters each Contest. BHVR reserves the right, at its sole discretion, to terminate the Contest, in whole or in part, and/or modify or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.
15. ORGANIZER The Contest is sponsored by BHVR, located at 500-6666 Saint-Urbain St., Montreal, Quebec, H2S 3H1 Canada and can be contacted at support@bhvr.com.
16. APPLICABLE LAW AND COMPLAINTS
A. Participants agree to the Contest Rules and are satisfied that these Contest Rules, Contest Page and the Declaration and Release Form are drafted in English. Should a translated version of these Contest Rules be made available by BHVR, participants agree that the English version of the Contest Rules shall prevail. Acceptance of these Contest Rules is legally binding between the parties concerned.
B. The Contest, including the Contest Rules, is subject to all applicable Canadian federal and provincial laws and regulations. The parties consent to the exclusive venue and jurisdiction of the courts of Montreal, Quebec.
17. SEVERABILITY
If any provision of these Contest Rules is held by any court or administrative tribunal of competent jurisdiction to be illegal or unenforceable under applicable law, such provision shall be excluded from these Contest Rules and the remaining provisions shall remain in full force and effect. BHVR’s failure to enforce any term of these Contest Rules shall not constitute a waiver of that provision.
DEAD BY DAYLIGHT, BEHAVIOUR, and other related trademarks and logos belong to Behaviour Interactive Inc. All rights reserved.