Borderlands 3 Cosplay Contest Terms and Conditions

Source: MCM London

Borderlands 3 Cosplay Contest Terms and Conditions

  1. Introduction

1.1 The promoter of this Borderlands 3 Cosplay Contest (“Contest)” is Take-Two Interactive Software Europe Limited t/a 2K Games, a company registered in England and Wales (company number: 02739756) with its registered office at Hanover House, 14 Hanover Square, London, W1S 1HP, United Kingdom (“2K”). All questions regarding this Contest should be directed to 2K at the following addresses:

Email: ukcommunity@2k.com

Post: Saxon House

2 – 4 Victoria Street Windsor Berkshire SL4 1EN United Kingdom.

1.2 The Contest promotional materials, including information on how to enter this Contest, form part of these terms and conditions. Entry into this Contest is deemed acceptance of these terms and conditions (“Contest Terms”).

  1. Registration

2.1 The Contest is free to enter and is open only to residents of the United Kingdom aged 18 years or over. 2K their respective employees and their immediate families, participating agents and their associated companies are ineligible to enter. 2K reserves the right to verify the eligibility of contestants.

2.2 To enter the Contest, contestants must either: (i) complete an online registration form for any of the following events (“Cosplay Events”) via the relevant Cosplay Event’s website (set forth below) during the applicable Registration Period (as defined in paragraph 2.3 below) and purchase a valid ticket for relevant Cosplay Event. Following registration, contestants shall receive an email from the organizer of the relevant Cosplay Event to confirm their registration; OR (ii) enter via any of the Wildcard Entry Routes as set out in paragraph 2.4 below during the Wildcard Entry Period. Contestants entering the Contest via any of the Cosplay Events will receive an email prior to their chosen Cosplay Event, setting out the date and time they will be required to attend such Cosplay Event, in their costume, to participate in an on-stage showcase along with other contestants (“Post Registration Email”). Any contestant who does not attend the Cosplay Event for which they have registered on the specified date and time, as set out in the Post Registration Email, will be automatically withdrawn from the Contest::

MCM London Comic Con ExCel London Royal Victoria Dock 1 Western Gateway Royal Docks London E16 1XL (“London Event”) https://www.mcmcomiccon.com/lon don/

MCM Manchester Comic Con Manchester Central Convention Complex, Manchester Central Petersfield Manchester M2 3GX (“Manchester Event”) https://www.mcmcomiccon.com/man chester/

Insomnia 65 NEC North Avenue Birmingham B40 1NT (“Birmingham Event”) https://insomniagamingfestival.com/

Insomnia 65 NEC North Avenue Birmingham B40 1NT (“Birmingham Event”) https://insomniagamingfestival.com/

2.3 Contestants may enter the Contest by registering for any of the Cosplay Events in accordance with paragraph 2.2 above between the following dates and times (each a “Registration Period”):

Cosplay Event Registration Period London Event: Between 12:00pm (BST) on Monday 13th May 2019 and 23:59:59 (BST) on Wednesday

22nd May 2019] (inclusive). Manchester Event: Between 12:00pm (BST) on Friday 28th June 2019 and 23:59:59 (BST) on Wednesday 24th

July 2019 (inclusive). Birmingham Event: Between 12:00pm (BST) on Monday 29th July 2019 and 23:59:59 (BST) on Wednesday

21st August 2019 (inclusive).

2K reserves the right to alter any Registration Period (if in 2K’s opinion it is necessary) at any time without notice prior to the end of the Registration Period.

2.4 Contestants may also enter the Contest between 09:00:00 (BST) on Monday 26th August 2019 until 23:59:59 (BST) on Thursday 17th September 2019 inclusive (“Wildcard Entry Period”) using any of the following entry methods (each a “Wildcard Entry Route”):

2.4.1 Contestants may enter the Contest via Instagram during the Wildcard Entry Period by: (a) posting a video or image of themselves dressed up in their best Borderlands cosplay to their Instagram feed; (b) including the hashtag #borderlandscosplay in their post; and (c) tagging @2KUK in their post. Ccontestants who wish to enter the Contest via this entry method must have an Instagram account and ensure that their Instagram account settings are set to “public” and not “private”. If a contestant does not have an Instagram account, one can be created by visiting www.instagram.com or installing the Instagram app on their mobile device. Instagram accounts are free; or

2.4.2 Contestants may enter the Contest via Twitter during the Wildcard Entry Period by: (a) tweeting a video or image of themselves dressed up in their best Borderlands cosplay to their Twitter feed; (b) including the hashtag #borderlandscosplay in their tweet; and (c) tagging @2K_UK in their tweet. cContestants who wish to enter the Contest via this entry method must have a Twitter account and ensure that their Twitter account settings are set to “public” and not “private”. If a contestant does not have an Instagram account, one can be created by visiting www.twitter.com or installing the Instagram app on their mobile device. Twitter accounts are free.

2.5 2K’s decision as to whether a registration has been validly completed and/or successfully submitted before the end of the Registration Period or Wildcard Entry Period shall be final. 2K accepts no responsibility for any registrations that are lost, stolen, incomplete, illegible, invalid or otherwise unintelligible or that are incorrectly submitted or fail to be successfully submitted by the end of the Registration Period or Wildcard Entry Period (as applicable) for any reason.

2.6 Contestants may withdraw their entry from the Contest at any time following their submission of their entry: (a) if they entered the Contest by registering for any of the Cosplay Events, by not attending the Cosplay Event they registered for; (b) contacting 2K customer support at https://support.2k.com/hc/en-us and requesting the withdrawal of their entry; or (c) by direct message to 2K’s social media handle set forth in paragraph 2.4 above (i.e. 2KUK on Instagram (www.instagram.com/2kuk) or 2K_UK on Twitter (www.twitter.com/2K_UK)) using the social media profile the contestant used to enter the Contest. Contestants may need to verify their identity in order for their withdrawal request to be actioned.

2.7 By registering for the Contest, each contestant warrants and represents that: (i) they are at least 18 years old and a resident of the United Kingdom; (ii) nothing in their entry (including, without limitation, their username or gamertag) shall be offensive, insulting, defamatory, racist or otherwise objectionable, inappropriate or unlawful; and (iii) nothing in their entry shall contravene the Data Protection Act 2018 or any duty of confidence owed by them to any third party.

  1. The Contest

3.1 The Contest is made up of two (2) rounds of competition: an initial qualifying round and the Grand Final.

Initial Qualifying Round

3.1.1 During each Cosplay Event, a panel of three (3) independent judges will select six (6) contestants who have entered the Contest by registering for such Cosplay Event, who they believe represent the best costumes at such Cosplay Event. The criteria used to determine which contestants shall progress through to the Grand Final shall be based on the following:

(i) Costume Eligibility:

  • All types of costume may be entered unless otherwise stated; these can be handmade, custom made, purchased or a mixture
  • Costumes can be derived from any character within the Borderlands universe, including Borderlands, Borderlands 2, Borderlands 3, DLC from all Borderlands games, Borderlands: The Pre-Sequel, and Tales From The Borderlands (ii) Craftsmanship:
  • Costumes will be judged on quality of finish and how well it is made.
  • Craftsmanship points will only be awarded for hand made elements of the costume or heavily altered elements of a purchased costume or prop undertaken by the cosplayer wearing the costume. (iii) Cel shading:
  • Given the unique visual style of the Borderlands franchise, we will be taking cel-shading effects in consideration.
  • Cel-shading of your face, body, and costume will all be factored into judging. The level of detail, effect consistency and effect accuracy will be contributing factors (iv) Character accuracy:
  • Costume must be accurate and true to the character in question; this will include details within the outfit and accompanying accessories

(i) Craftsmanship:

  • All types of costume may be entered unless otherwise stated; these can be handmade, custom made, purchased or a mixture.
  • Costumes will be judged on quality and how well they are made. This judging will be applicable to hand made elements of the costume and any fully crafted or heavily altered (such as an intricate weapon) elements of a purchased costume.

(ii) Cel shading:

  • Given the unique visual style of the Borderlands franchise, the judges will be taking cel- shading effects in consideration. Cel-shading of your face, body, and costume will all be factored into judging. The level of detail, effect consistency and effect accuracy will be contributing factors.

(iii) Character accuracy:

  • Costumes can be derived from any character within the Borderlands universe, including Borderlands, Borderlands 2, Borderlands 3, DLC from all Borderlands games, Borderlands: The Pre-Sequel, and Tales from The Borderlands.
  • Costumes must be accurate and true to the character in question; this will include details within the outfit and accompanying accessories.

3.1 At each Cosplay Event, three (3) of the top six (6) entries shall be selected on the first day of such Cosplay Event, with the remaining three (3) entries being selected on the second day of such Cosplay Event.

3.2 On or around Friday 20th September 2019 a panel of three (3) independent judges will decide on the top two (2) entries received during the Wildcard Entry Period based on the above judging criteria listed in paragraph 3.1.1(i)-(iii) to progress to the Grand Final;

3.3 The final round of the Contest will take place at EGX 2019, at ExCel London, Royal Victoria Dock, 1 Western Gateway, Royal Docks, London on Saturday 19th October 2019 during the event’s opening hours (“Grand Final”).

3.4 The twenty (20) contestants selected to go through to the Grand Final (each a “Finalist”) will each receive the Finalist Prizes (as defined in paragraph 6.1 below) within thirty (30) days of the end of the initial qualifying round.

3.5 During the Grand Final, the top three (3) Finalists shall be selected by a panel of three (3) independent judges as the winners of the Contest based on the judging criteria listed above in paragraph 3.1.1 (i)-(iii).

3.6 The top three (3) Finalists (“Winners”) will receive the applicable prize set forth in paragraph 6.2 below by no later than seven (7) days after the Grand Final.

3.7 The Winners’ names may be published on 2K’s social media channels and will be made available on request in writing to 2K using the contact details set out in paragraph 1.1.

4 Content Restrictions

4.1 By entering the Contest, each contestant agrees that his or her entry conforms to the following content restrictions (“Content Restrictions”) and that 2K, in its sole discretion, may remove any entry and disqualify a contestant from the Contest if it believes, in its sole discretion, that the contestant’s entry fails to conform to the Content Restrictions:

4.1.1 the entry must not contain material that violates or infringes another’s rights, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;

4.1.2 the entry must not disparage 2K or any other person or entity;

4.1.3 the entry must not contain brand names or trademarks of any entity other than the 2K Marks, which contestant has a limited license to use for the sole purpose of creating an entry in this Contest; and

4.1.4 the entry must not contain material that is racist, offensive, pornographic, vulgar, profane, defamatory, insulting, unlawful, inappropriate or otherwise objectionable.

4.2 In the event that an entry provided by a contestant is incomplete, their entry may not be accepted. Any entry sent after the end of the Contest Period will be considered void.

4.3 Contestants acknowledge that other contestants may have used ideas and/or concepts in their entry that may have similarities to ideas or concepts included in contestant’s entry, and contestants understand and agree that they shall not in any way be entitled to any compensation because of any such similarities. 2K’s decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Contest Terms.

5 Intellectual Property Rights

5.1 By submitting an entry to the Contest, each contestant represents, warrants and undertakes that it owns all right, title and interest in and to their entry and that their entry complies with all of the Content Restrictions.

5.2 All entries will become the exclusive property of 2K, and none will be acknowledged or returned. 2K shall have the right to edit, adapt and publish or not publish any or all of the entries, and may use them in any media without attribution or compensation to the contestant, their successors or assigns, or any other entity. CREATING AND SUBMITTING AN ENTRY IN THIS CONTEST CONSTITUTES THE CONTESTANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO 2K OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE ENTRY OR ANY DERIVATIVE WORKS CREATED USING THE ENTRY INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS.

5.3 BY ENTERING THIS CONTEST, EACH CONTESTANT HEREBY UNCONDITIONALLY AND IRREVOCABLY: (I) WAIVES ANY AND ALL MORAL RIGHTS (IF ANY) WHICH THEY MAY HAVE IN ANY ENTRY IN ACCORDANCE WITH SECTIONS 77 TO 84 OF THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988 OR ANY SIMILAR LEGISLATION THROUGHOUT THE WORLD, PROVIDED THAT, IF UNDER ANY APPLICABLE LAW THE FOREGOING WAIVER IS NOT EFFECTIVE, EACH CONTESTANT UNDERTAKES THAT IT SHALL EXERCISE SUCH RIGHTS REASONABLY AND IN A WAY THAT WILL NOT HAVE A MATERIAL ADVERSE EFFECT UPON 2K THEIR RESPECTIVE PRODUCTS OR SERVICES AND/OR THE EXERCISE BY 2K OF ANY

OF THEIR RIGHTS HEREUNDER; AND (II) GRANTS TO 2K ALL PERFORMER’S CONSENTS REQUIRED PURSUANT TO THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988 PART II OR PURSUANT TO ANY OTHER LEGISLATION IN ANY JURISDICTION, TO ENABLE THE EXPLOITATION REFERRED TO IN THESE CONTEST TERMS.

5.4 2K grants eligible contestants a limited, revocable, non-sublicensable, license to use 2K’s artwork, name, trademarks and logos (collectively, “2K Marks”) for the sole purpose of creating and submitting the entry for review and assessment in this Contest. Contestants are not permitted to make any further use of the 2K Marks for any purpose whatsoever. In addition, contestants recognize that all right, title, and interest in the 2K Marks as well as all derivative works created using the 2K Marks shall vest exclusively to 2K, and contestant agrees that he/she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the 2K Marks except for the limited license granted to contestant in these Contest Terms is transferred or created. Each contestant further acknowledges and agrees that the 2K Marks are valid and enforceable, and that contestant shall do nothing to challenge the validity or enforceability of the 2K Marks in any forum. contestants agree that the use of the 2K Marks is permitted only for the purpose of making an entry for entry in this Contest, and that any use of the 2K Marks (whether in the entry or otherwise) beyond this scope infringes the rights of 2K and will result in irreparable harm to 2K.

6 The Prizes

6.1 Each of the Finalists will receive the following prizes (“Finalist Prizes”): (i) Two (2) Borderlands figurines (the approximate retail value of which is One Hundred and Twenty Pounds Sterling (£120)); (ii) one standard edition of Borderlands 3 on the platform of their choice (the approximate retail value of which is Fifty Pounds Sterling (£50)); and (iii) a cheque for One Hundred Pounds Sterling (£100). The approximate total retail value of the Finalists Prizes is Two Hundred Pounds Sterling (£200) but the actual retail value may vary. Finalists will not be entitled to receive the difference between the actual and approximate retail value of the Finalist Prizes.

6.2 The Winners will receive the following prizes (each a “Grand Prize”): (i) the Winner in third place will receive a cheque for Five Hundred Pounds Sterling (£500); (ii) the Winner in second place will receive a cheque for One Thousand Pounds Sterling (£1,000); and (iii) the Winner in first place will receive a cheque for Five Thousand Pounds Sterling (£5,000).

6.3 Nothing in these Contest Terms limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Contest Terms would contravene any statute or cause any part of these Contest Terms to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, all Prizes and all parts thereof are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose), except where prohibited by law. ALL INCOME TAXES ASSOCIATED WITH THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNERS AND THE WINNERS WILL BE REQUIRED TO REPORT AND PAY ANY APPLICABLE INCOME TAXES RELATED TO THE PRIZE.

6.4 Each of the Finalists acknowledges that the Finalist Prizes may be provided by a third party and that the Finalist’s acceptance of the Finalist Prizes may therefore be subject to such third party’s own terms and conditions. Failure on the part of any Finalist to accept any such third party’s terms and conditions shall result in that Finalist forfeiting the Finalist Prizes. Any complaints must be directed to the relevant third party provider.

6.5 All taxes and unspecified expenses with participating in the Contest and/or accepting any prizes are the responsibility of each contestant, including but not limited to any travel, accommodation, insurance and/or other costs and/or expenses incurred in connection with the acceptance, use or enjoyment of the Finalist Prizes and/or Grand Prizes.

6.6 Neither the Finalist Prizes nor the Grand Prizes are transferable. No substitutions, cash redemptions or cash or credit alternatives will be offered. In the case of unavailability of any of the Finalist Prizes, 2K reserves the

right to substitute the relevant Finalist Prize(s) (in whole or in part) with a prize of equal or greater value, at 2K’s sole discretion. All taxes and unspecified expenses are the responsibility of relevant contestant.

7 Limitation of Liability

7.1 Participation in this Contest constitutes the contestant’s permission for 2K to use the contestant’s name, residential address, likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by the contestant regarding the Contest or 2K for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.

7.2 By participating in the Contest, each contestant agrees to release and hold harmless 2K and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, loss, harm, damage, injury, cost or expense whatsoever (other than as expressly set out in paragraph 7.3 below) which may occur in connection with: (i) their preparation for, travel to, or participation in the Contest; (ii) their possession, acceptance and/or use or misuse of any Finalist Prize or Grand Prizes; (iii) their participation in any Contest-related activity; and/or (iv) any claims based on: (a) any infringement of any publicity or privacy rights; (b) defamation; or (c) any copyright infringement, trademark infringement or other intellectual property-related cause of action.

7.3 Nothing in these Contest Terms shall in any way exclude or limit any of the Released Entities’ liability for any: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by its negligence; (c) any other liability to the extent that such liability may not be excluded or limited as a matter of English law.

7.4 2K reserves the right to cancel or postpone this Contest without liability upon the occurrence of any event or circumstance beyond its control.

7.5 2K may prohibit any contestant from participating in the Contest or winning a prize and/or participating in any future Contest or other promotion conducted by 2K if, in its sole discretion, it determines that said contestant is attempting to undermine or has undermined the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices, has violated these Contest Terms, has acted in an unsportsmanlike or disruptive manner, or has annoyed, abused, threatened or harassed any other contestants, Cosplay Event personnel, or 2K representatives.

7.6 CAUTION: ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, 2K RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.

7.7 THE CONTEST AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

8 Data Protection

8.1 Contestants’ personal data submitted by contestants to this Contest shall be collected, and controlled, by 2K and, with respect to any personal data submitted via the online registration form for any of the Cosplay Events, the organizer of the applicable Cosplay Event (i.e. Reed Exhibitions Limited with respect to the London Event and Manchester Event, and Games Esports and Events Limited with respect to the Birmingham Event, each an “Event Organizer”). 2K and each applicable Event Organizer shall be an independent data controller of such personal data and all such personal data shall be processed by each independent data controller, and data processors appointed by such independent data controller, for the purposes of conducting, administering and marketing the applicable Cosplay Event and/or the Contest. By participating in the Contest, contestants hereby acknowledge that they have read and understood 2K’s and each Event Organizer’s privacy policy. 2K’s privacy policy is available at www.take2games.com/privacy.

8.2 Each of the Winners also understands that 2K may disclose the Winner’s photograph, voice, likeness and/or image, contents of the entry and the name and age of the Winner for the purposes of marketing the Contest in any media or format now or hereafter known, and/or for any other purpose that is compatible with such purposes, in either case without further compensation (financial or otherwise), permission or notification.

8.3 Each contestant understands that 2K has a valid legitimate interest in processing their personal data for the purposes set forth in these Contest Terms.

9 General

9.1 2K reserves the right, at its sole discretion, to change, modify, add or remove portions of these Contest Terms at any time up to the start of the Registration Period.

9.2 If any paragraph or part of a paragraph of these Contest Terms is, or becomes, invalid, illegal or unenforceable, then that paragraph or part thereof shall be deemed to be deleted from these Contest Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Contest Terms.

9.3 In the event that any contestant breaches these Contest Terms, such contestant shall be automatically disqualified from the Contest and ineligible to win any prize in connection with the Contest.

9.4 The Contest is organised under and is subject to English law. These Contest Terms are governed by and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Contest Terms.