Fortuna’s Favored Rewards January 2023 - Terms and Conditions

Last updated: 11-Jan-2023

These terms and conditions (the “Terms”) apply to the Fortuna’s Favored Rewards January 2023 (the “January Rewards Program”) in connection with The Cycle: Frontier Creator Program (the “Creator Program”).

The January Rewards Program is provided by Yager Interactive GMBH (“we”, “us”, “our”, as appropriate) and is governed by these Terms. 

Should you wish to participate in the January Rewards Program, you must accept and agree to be bound by these Terms.  If you do not accept these Terms, you will not participate in the January Rewards Program.  Any decision we make regarding the January Rewards Program shall be made at our sole discretion. 

1. Event Period. The January Rewards Program begins on 20 January 2023 at 12:00 CET and ends on 11 February 2023 (12:00 CET) (the “Event Period”).

2. How to Participate. Once a content creator has been enrolled into the Creator Program during the Event Period, unless such individual notifies us otherwise, they are automatically entered into the January Rewards Program (such person hereon referred to as a “Participant”).

3. Conditions to Participation. Any Participant must be aged 18 years old or older, and not be an employee, or relative of an employee, of Yager Interactive GmbH.

4. Judging Criteria. At the end of the Event Period, we will select two (2) Participants as winners of the Prize based on the following criteria:

  • On the Twitch platform, the Participant who has the most-watched hours across their “The Cycle: Frontier” videos released during the Event Period.

  • On the YouTube platform, the Participant with the most views across their “The Cycle: Frontier” videos released during the Event Period.

    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.

5. Prize(s). The prize for winning the January Rewards Program consists of a bundle which includes the following item(s):

  • HyperX Quadcast S (white) microphone; and

  • Hyper X Cloud Alpha S (blue) Headset.

    (the “Prize”)

    No substitution, assignment or transfer of the Prize(s) is permitted, except by us, who have the right to substitute a Prize with another of comparable or greater value. TAXES AND ANY OTHER COSTS, IF ANY, RELATED TO THE PRIZE 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 PRIZE. Winner(s) may be required at our sole discretion to complete relevant tax forms as a condition to the delivery of the applicable Prize(s).

6. 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 February 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 Prize.

7. Prize Delivery. The Prize winners shall have 14 days from receipt of our confirmation email to submit a mailing address to us by responding to our prize notification email. A winner’s failure to respond to the prize notification within 14 days of being notified by us will be considered such winner’s forfeiture of the Prize, and we reserve the right to award the Prize to the next Participant eligible to win the Prize based on the Judging Criteria. We will endeavour to deliver the Prize to the Winner(s) within 30 days of receiving a valid mailing address, however, delivery times may be longer based on the winner’s location.

8. Compliance with the Terms and Additional Policies. In participating in the January 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 January Rewards Program at any time if they do not comply with this provision. In the event a potential winner is disqualified for any reason, the Prize will be given to the next entrant eligible to win a prize based on the Judging Criteria.

9. 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 January 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.

10. 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 January 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 January Rewards Program.

11. 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.

12. No Affiliation with YouTube or Twitch. This January 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.