Fortuna’s Favored Rewards January 2023 - Terms and Conditions

Last updated: 01-Feb-2023

These terms and conditions (the “Terms”) apply to the January Fortuna’s Favored Rewards Program (the “Rewards Program”) in connection with The Cycle: Frontier Creator Program (the “Creator Program”). The Rewards Program is provided by Yager Interactive GMBH (“we”, “us”, “our”, as appropriate) and is governed by these Terms. 

Our goal in conducting the Rewards Program is to reward certain content creators within the Creator Program whose content in relation to The Cycle: Frontier game (the “Game”) we feel, based on the Judging Criteria below, warrants a special reward.

If you are accepted into the Creator Program during the Program Period, unless you notify us otherwise, we will consider you a Participant in the Rewards Program and you may be eligible for selection as a reward-winner, provided you comply with these Terms.  Your participation is however completely voluntary and if you choose not to accept these Terms, you will not be deemed a Participant of the Rewards Program. Any decision we make regarding the Rewards Program, including the allocation of reward(s), shall be made at our sole discretion. 

1.        Program Period.  This Rewards Program begins on 2nd February 2023 at 12:00 CET and ends on 28th February 2023 (11:00 CET) (the “Program Period”).

2.        Conditions to Participation:

·       You must be a member of the Creator Program during the Program Period. 

·       You must agree to these Terms.

·       You must be aged 18 years old or older, and not be an employee, or relative of an employee, of Yager Interactive GMBH.

3.        Reward(s).  The reward(s) (each herein a “Reward”), and quantity of such Reward(s) to be awarded, are set out in the table below:

·      Name of Prize - A HyperX Quadcast S (white) microphone, and a Hyper X Cloud Alpha S (Blue) Headset (the “Bundle”)

·       Estimated Total retail Value (EUR) - 309.99 EUR

·       Quantity to be awarded - 2 (one Bundle is reserved for the Twitch platform, and one is reserved for YouTube platform).

Your participation in the Rewards Program does not in itself entitle you to a reward.  No substitution, assignment or transfer of the Reward(s) is permitted, except by us, who have the right to substitute a Reward with another of comparable or greater value. TAXES AND ANY OTHER COSTS, IF ANY, RELATED TO THE REWARD ARE THE RESPONSIBILITY OF THE WINNER. WINNER(S) WILL ALSO BE REQUIRED TO FURNISH PROOF OF IDENTITY, ADDRESS AND BIRTH DATE IN ORDER TO RECEIVE A REWARD. Winner(s) may be required at our sole discretion to complete relevant tax forms as a condition to the delivery of the applicable Reward(s).

1.        Judging Criteria.  At the end of the Program Period, we will allocate the Rewards to certain Participants based on the following primary and secondary criteria:

Primary Criteria.

·       Participant with the most-watched hours across their Game related videos published during the Program Period on the Twitch platform.

·       Participant with the most views across their Game related videos released during the Program Period on the YouTube platform.

Secondary Criteria.

Secondary to the Primary Criteria, we will also consider the following metrics in determining whether the relevant Participant should be selected for a Reward:

·       The amount of viewer engagement in relation to the Game related content published by the relevant Participant;

·       The number of genuine users referred to the Game by the Participant via a tracking link;

We shall collect the data required to assess the above metrics via the assistance of a suitable third-party provider, selected at our sole discretion. 

2.        Announcement of the Winners. The winners will be revealed and announced during a live stream on YAGER_Development Twitch Channel (https://www.twitch.tv/yager_development) on 16th March 2023, save that we reserve the right to delay the announcement at our reasonable discretion should circumstances warrant it. Shortly after the announcement we will email the relevant winners directly to confirm that they are a winner of the Reward. 

Video & Likeness Release

For the sole use in our announcement video, you agree that we may play footage of your Game-related video(s) published by you during the Program Period, for example, in a video montage, on condition that we provide a suitable credit for you. You also agree to allow us to use your likeness as incorporated in such content. 

3.        Reward Delivery. The Reward winners shall have 14 days from receipt of our confirmation email to submit a mailing address to us by responding to our Reward notification email. A winner’s failure to respond to the notification within 14 days of being notified by us will be considered such winner’s forfeiture of the Reward, and we reserve the right to award the Reward to the next Participant eligible to win the Reward based on the Judging Criteria.  We will endeavour to deliver the Reward to the Winner(s) within 45 days of receiving a valid mailing address, however, delivery times may be longer based on the winner’s location.

4.        Compliance with the Terms and Additional Policies.  In participating in the Rewards Program, Participant must at all times comply with the Terms and any Creator Program codes of conduct and guidelines, as well as any applicable terms and conditions, rules, and policies of any applicable social media platforms (i.e. Twitch, or YouTube as the case may be). We reserve the right to remove any Participant from the Rewards Program at any time if they do not comply with this provision, or are otherwise reasonably believed by us to have committed foul play in order to be selected as a Reward winner. In the event a potential winner is disqualified for any reason, their Reward will be given to another entrant based on the Judging Criteria.

5.        Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our wilful intent or negligence; (ii) fraud or fraudulent misrepresentation; (iii) damages caused by gross negligence or wilful misconduct; (iv) liability for assuming a specific guarantee, and (v) any matter in respect of which it would be unlawful for us to exclude or restrict our liability, i.e. mandatory statutory liability (in particular liability under the German Product Liability Act).  Save for the foregoing  our liability shall be limited as follows: we shall be liable only up to the amount of damages as typically foreseeable at the time of concluding the Terms in respect of damages caused by a slightly negligent breach of a material contractual obligation (i.e. a contractual duty the fulfilment of which is essential for the proper execution of the Terms, the breach of which endangers the purpose of the Terms and on the fulfilment of which you can regularly rely); and we shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. Unless otherwise explicitly provided under the Terms for the purpose of the Rewards Program, you acknowledge and agree that we have no obligations related to your Twitch or YouTube account and your acts on such platforms, and all matters relating to your accounts on such platforms, shall be resolved exclusively by you and the relevant platform.

6.        General Provisions: If any provision of the Terms is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the Terms otherwise remain in full force and effect and enforceable.  We reserve the right at our sole discretion to cancel, terminate, modify or suspend the Rewards Program, including if for any reason it is not capable of running as planned, 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 Rewards Program.

7.        Governing Law.  These Terms are governed by the laws of Germany. Either party may bring any dispute which may arise under these Terms to the competent court of Germany. This choice of forum stipulation does not apply if the participant is a consumer. As a consumer, you will benefit from any mandatory provisions of German law.  Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of German law.

8.        No Affiliation with YouTube or Twitch. This Rewards Program is in no way sponsored, endorsed or administered by, or associated with, YouTube or Twitch.  The information you provide will only be used as described in the Terms.

9.        Prevailing Language Version.  In order to ensure greater accessibility to these Terms, these Terms have been prepared primarily in the English language.  To the extent these Terms are also available in another language and there is a conflict between such versions, the English-language version shall prevail.