OFFICIAL RULES OF THE "GAM'ART" CONTEST FROM AUGUST 30 TO OCTOBER 29, 2018

Transcription

1 OFFICIAL RULES OF THE "GAM'ART" CONTEST FROM AUGUST 30 TO OCTOBER 29, DESCRIPTION The ANKAMA GAMES Company, located at 75 boulevard d Armentières, Roubaix - France (henceforth the "Organizer"), registered with the Trade and Companies Register (RCS) of the Lille (France) metropolitan area under the number , is organizing a free contest with no purchase required entitled "Gam'Art" (henceforth the "Contest") from August 30, 2018, to October 29, 2018, at 11:59 p.m. (Paris/France time), in accordance with the provisions described in these rules. 2. ACCEPTANCE OF THESE RULES Participation in the Contest implies and constitutes the Participant's unconditional acceptance of the present rules, of the concept of the Contest, and of the rules of conduct in force on the Internet. Any person who violates one or more articles of the present rules, or the aforementioned rules and conditions, shall be denied the opportunity to participate in the Contest, as well as any prize that they might have won. 3. WHO CAN PARTICIPATE? The Contest is open to any natural person, either an adult or a minor with parental authorization, belonging to the community of readers of the French, English, or Spanish editions of the Gamakna e- magazine (the "Participants"). Minors are permitted to participate in this Contest, provided that they have obtained express prior authorization to do so from their parent(s) or legal guardian (the "Legal Representative(s)"). Their participation in the contest implies that they have received this authorization. All persons who fail to meet the conditions listed above will be excluded from the Contest, as well as all persons employed by the Organizer, and anyone having directly or indirectly participated in the design, implementation, or management of the Contest as well as their spouse, partner, or members of their families (direct descendants or ascendants). The Organizer reserves the right to require any Participant to demonstrate their compliance with the conditions stated above. Any person who fails to meet these conditions or who refuses to demonstrate their compliance with them shall be excluded from the Contest. 4. WHAT DOES IT INVOLVE? GAM'ART is an art contest in which readers of the e-magazine Gamakna (the "Magazine") are invited to express themselves on a specific theme which starts with Gamakna #6. The best works will be published in the following issue. 5. HOW CAN I PARTICIPATE? Participation takes place exclusively through the Internet. To participate in the Contest, a Participant must prepare a drawing or illustration (the "Content") on the theme relating to/specified in the issue of the Magazine that is published at the time of the present Contest (the "Theme"). The Content must fulfill the following criteria: - Theme -.jpeg to 2048 pixels wide - 72 dpi - Does not exceed 2 MB. Each Participant must download the copyright transfer agreement available at (French version) (or any other extension of this URL accessible from the Participant's country of residence), print it out, complete it, and sign it. The Participant must then send their Content, accompanied by the completed and signed copyright transfer agreement, to the following address: gamart@ankama.com.

2 This must have the following subject line: "Gam'Art # [Theme] [Nickname]" and may contain the Participant's city and country. No other method of participation will be accepted other than the one specified in these rules. The Participant must send their Content, accompanied by the duly completed and signed copyright transfer agreement, no later than October 29, :59 p.m. (CET). There is no limit on the number of submissions. Any Content which is of insufficient quality and/or fails to meet the above criteria shall be disqualified. In addition, any Content deemed off-topic, irrelevant, inappropriate, incomprehensible, vulgar, indecent, obscene, hateful, violent, defamatory or pornographic, racist, or homophobic in nature, or contrary in any way to applicable laws or community standards shall be disqualified immediately. The Content must comply with all applicable laws and be accessible for all audiences. In general, the Content sent to the Organizer must be original and may not contain trademarks, logos, photographs, illustrations, literary extracts, music, any reproduction in whole or in part of an existing work, or any other type of intellectual property belonging to third parties, outside the scope established by the present official rules. Therefore, each Participant formally agrees to refrain from submitting to the Contest any element which borrows or uses elements protected by intellectual or industrial property rights belonging to third parties from which the Participant has not received express prior authorization. No visual element which violates the privacy rights or image rights of third parties may be included among the elements submitted for participation in the Contest. Entering the Contest under a false identity or with the identity of another person, communicating false information, or entering the Contest under multiple identities shall result in the cancellation of the offending person's submission(s). Any submission that is incomplete, received after the deadline, fraudulent, and/or in violation of these rules cannot be considered, and shall be null and void. The Organizer reserves the right to conduct any verification necessary to ensure compliance with the present article and with the rules in their entirety, in particular to exclude any Participant who has committed any violation whatsoever, but shall not be obligated to conduct a systematic verification of all Participants, and may limit such verification to the winners of the Contest. CONTENTS SUBMITTED BY PARTICIPANTS MAY BE PLACED ONLINE IN A GALLERY DEDICATED TO THE CONTEST AND/OR REPRODUCED IN WHOLE OR IN PART ON ONE OR MORE WEBSITES OF THE ANKAMA GROUP, ON ITS OFFICIAL PAGES ON SOCIAL MEDIA AND ONLINE BROADCASTING SITES, AND/OR ON ONE OF THE ANKAMA GROUP'S YOUTUBE CHANNELS AS SOON AS THEY ARE SUBMITTED TO THE ORGANIZER, WHICH ALL CONTEST PARTICIPANTS EXPRESSLY ACKNOWLEDGE AND ACCEPT. THE CONTENTS SELECTED BY A JURY WILL ALSO BE PUBLISHED IN GAMAKNA MAGAZINE. TO THIS END, ALL RIGHTS TO THE CONTENT WILL BE TRANSFERRED TO THE ORGANIZER IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 9 BELOW AND THE APPENDIX. CONTENTS CANNOT BE RETURNED TO PARTICIPANTS UNDER ANY CIRCUMSTANCES. 6. WHAT CAN I WIN? Because the sole purpose of this Contest is to encourage participation by the community of Magazine readers, the only prize to be won is the pleasure of seeing your Content published in the Magazine. Five (5) to twenty-five (25) Contents will be selected by a jury comprised of members who work on the Magazine. The Contents will be selected on the basis of the following criteria: aesthetic qualities, relevance to the Theme, and emotions elicited, and will be ranked accordingly. They will be published in the following issue of the Magazine. The list of winners will be published with the corresponding Contents in the following issue of the Magazine. 7. PUBLICATION OF RULES The Contest rules are available at (or any other extension of this URL accessible from the Participant's country of residence).

3 The rules may be modified at any time in the form of an addendum prepared by the Organizer and published online at the Internet site Any such modification shall enter into force as soon as it is placed online, and all Participants shall be considered to have accepted it simply by the fact of their participation in the Contest, starting from the date when the modification enters into force. Any Participant who refuses the modification(s) made in this way must cease to participate in the Contest. 8. CNIL / DATA PROTECTION PROVISIONS The personal information that the Organizer may request from you, namely your address, first name, last name, age, and/or mailing address, are necessary to record your submission, to determine the winners, for communication with Participants when necessary, and to verify compliance with the rules of participation, but also to satisfy certain legal and regulatory requirements. This information is used by the Organizer and by the Ankama Group. In accordance with France's "Informatique et Libertés" (Information Technology and Civil Liberties) law of January 6, 1978, art. L.27, each Participant has a right to access, correct, or delete information about themselves by means of a simple written request addressed to the Organizer at the address indicated in Article 11, and by adding the phrase "Informations Personnelles" (Personal Information) to the address on the envelope. 9. TRANSFER OF COPYRIGHT / RELATED RIGHTS / IMAGE RIGHTS & PARTICIPANT DECLARATIONS Each Participant (and their Legal Representative, if the Participant is a minor) transfers to the Organizer, at no cost, the intellectual property rights to the Content submitted in connection with the Contest, for the maximum duration of literary and artistic property rights under both French and foreign law and all current and future international conventions, including any extensions which may be applied to this duration and throughout the entire world, for business or marketing purposes relating to the Contest, in particular on the Gamakna website, in the associated forums, in different spaces operated by the Organizer, on social media, and on the various intranet sites, and in any of the Organizer's internal publications as part of any type of internal communication activity related to the Contest, and/or on any other site of the Ankama Group. The rights thus transferred are the following: - the right to reproduce, modify, scan, duplicate, or record the Content, by any technical process known or unknown at this time, in whole or in part, on all media known or unknown at this time, in all formats and in any aspect ratio, with no limit on the number of reproductions; - the right to represent, exhibit, distribute, and make use of the Content by any and all means, and in particular by digital transmission online, and by any other means known or unknown at this time; the right to make the Content available through a computer server or other center for viewing and/or downloading by any network and system of transmission and/or telecommunication, and for any viewing device, with no limit on the number of representations; - the right to perform any adaption of the Content in whole or in part, alone or in combination with other elements, and to associate with the Content any graphic element such as a distinctive mark, logo, or slogan. In particular, the Participants authorize the reproduction of the Content in the Magazine, as well as the reproduction of the nickname used for their participation in the Contest. By participating in the Contest, the Participants (and their Legal Representatives, if the Participants are minors) authorize the Organizer to reproduce their names and/or their images in connection with the Contest, notably for the purpose of announcing the winners. In addition, the Participants must request the express authorization of the Organizer before using the Content created for the Contest in any way, even after the Contest has concluded. The Participants also agree to refrain from distributing the Contents created for the Contest in any form whatsoever (in particular via the Internet, social media, online sharing sites, etc.) before the Contest has concluded, subject to the provisions relating to the conditions of participation. The Organizer reserves the right to modify the Content for technical and/or aesthetic reasons, and/or to allow for or facilitate its inclusion in the Magazine or any other medium. The Organizer reserves the right to exclude from the Contest any Participant who violates the provisions of these official rules. By participating in this Contest, each Participant (and their Legal Representative, if the Participant is a minor) represents and warrants that (a) they are the owner of all rights to the Content submitted to the Organizer; that (b) this Content constitutes an original work created by the person themselves, and that it does not include copies of other works in whole or in part, and that it does not violate, circumvent or infringe upon any copyright, trademark, image rights or other property rights belonging to a third person or entity (except insofar as it includes content, trademarks or logos owned by the Organizer or an entity in the Ankama Groupe), or that the Participant has, where applicable, obtained all necessary authorizations, including authorizations from any third parties who may have participated in the

4 development of the Content, authorizations to film or photograph private or public locations and/or monuments, or persons other than the Participant themselves, or that it strictly respects the legal conditions for parody, where applicable; and that (c) this Content does not violate applicable laws or community standards and is not defamatory. The Participant (and their Legal Representative, if the Participant is a minor) indemnifies the Organizer against any legal action by a complainant who appears in any Content against their will. The Participant (and their Legal Representative, if the Participant is a minor) is solely and entirely responsible for all submissions of Content. Where applicable, the Participant also undertakes to add all necessary and appropriate credits to their Content. The Participants (and their Legal Representatives, if the Participants are minors) indemnify the Organizer against any legal action initiated by a copyright collective in case of distribution of the Content as part of and for the needs of the Contest. The Participant indemnifies the Organizer against any difficulty, dispute, claim, legal action or eviction that may be initiated against it, by any person whatsoever, as a result of its use of Contents subject to these rules. In case of any difficulty of this kind, the Participant undertakes: - to act alongside the Organizer, without delay and upon the Organizer's first request, and to provide it with all necessary and useful cooperation, - to take all actions necessary to ensure that the Organizer can continue to make use of the Contents without interruption, - to assume, without delay, all payments of any kind that the Organizer may be sentenced to make, whether on a provisional or permanent basis. The Participant (and their Legal Representative, if the Participant is a minor) is solely and entirely responsible for all submissions of Content. The Participant certifies that their Content: - is free of any inappropriate, indecent, obscene, hateful, tortuous, pornographic, violent, or defamatory content; - is free of any content that promotes sectarianism, racism, hate or violence against any group or person, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; - is free of any content for purposes of advertising, propaganda, or proselytizing; - complies with all applicable laws and is accessible to all audiences. The organizer reserves the right to request that any Participant provide proof that they are in fact the creator of the Content submitted for participation in the Contest. 10. LITIGATION & LIABILITY The Organizer cannot be held liable if, for reasons outside its control, the operation and/or conditions of the Contest must be postponed, modified, or cancelled, in whole or in part. The Organizer cannot be held liable under any circumstances if it does not receive the Content and/or the copyright transfer agreement form before the day and time of the submission deadline. The Organizer shall not be held liable under any circumstances in case of any claim or legal action initiated by any person on any basis whatsoever relating to any content of or rights associated with the Contents submitted by the Participants in connection with the Contest. The Organizer shall not be held liable in case of incorrect use or other incident related to the use of a computer, Internet access, maintenance, or malfunction of Contest servers, telephone lines, or other technical connections. Participation implies knowledge and acceptance of the properties and limitations of the Internet, the absence of protection for certain data against potential misappropriation or piracy, and the risk of contamination by viruses that may be present on the network. Therefore, it is incumbent upon each Participant to take the necessary measures to ensure that their data is protected. The Organizer shall not be held liable in case of any Internet malfunction that prevents access to and/or participation in the Contest or its successful operation. The Organizer does not guarantee that its sites will be available without interruption, or that they are free of any type of software or hardware errors. In case of a computer virus, external attack, fraud, or technical defect, the Organizer reserves the discretionary right to cancel or modify the terms of the Contest, and in no such case shall the Participants be entitled to hold the Organizer responsible. In such a case, the Organizer reserves the right to not award the prizes, and/or to pursue legal action against those responsible for such fraud before the competent tribunals.

5 In case of any inconsistency, the present rules shall take precedence over any documents (especially advertising and announcements) and other communications relating to the Contest. Participation in this Contest implies unconditional acceptance of these rules in their entirety. The Organizer shall make the exclusive and final decision in any dispute relating to the Contest and its rules. No reply will be made to any request by telephone relating to the interpretation or application of the present rules, or to the mechanisms and conditions of the Contest. The Organizer reserves the right, if circumstances require it, to shorten, extend, modify, or cancel the present Contest, or to postpone any announced date. It shall not be held liable for any such change. In particular, the Organizer reserves the right to invalidate and/or cancel the Contest if necessary, in whole or in part, if it appears that fraud or malfunctions have occurred in any form whatsoever. Any false or inaccurate statement and any form of fraud shall result in the Participant being disqualified. In such a case, the Organizer reserves the right to block access and/or pursue legal action against any Participant whom it believes to have committed or attempted fraud. The following shall be considered as having committed fraud (this list is not exhaustive): - Any person who signs up under a false identity; - Any person who signs up another person; - Any person who violates or attempts to violate the copyright or image rights of any third party in connection with their participation. The Organizer shall not be held liable in any of the aforementioned cases, and the Participants therefore cannot claim any form of compensation or indemnity of any kind whatsoever. 11. APPLICABLE LAW AND SETTLEMENT OF DISPUTES If one or more provisions of the present rules are declared void or unenforceable, the other clauses shall retain their full force and scope. The present rules are governed exclusively by French law. Any dispute or claim relating to this Contest must be prepared in writing and sent to the address indicated below, and cannot be considered outside a period of one (1) month following the conclusion of the Contest: ANKAMA GAMES Game / Contest Service Official Rules "Gam'Art" 75 Boulevard d Armentières BP Roubaix Cedex 1 France Except in case of fraud by Participants, any dispute arising from the execution of these rules shall be resolved amicably between the Organizer and the Participant whenever possible. If an amicable agreement cannot be reached, any legal dispute arising from the execution or interpretation of the present rules shall fall under the jurisdiction of the competent tribunals of the Lille (France) metropolitan area, even in cases of multiple defendants, incidental claims, or introduction of third parties. 12. TRADEMARK AND LITERARY AND ARTISTIC PROPERTY RIGHTS In accordance with the laws governing literary and artistic property and trademarks, the reproduction or representation of the elements comprising the Contest, in whole or in part, is strictly prohibited. The trademarks cited are trademarks registered by their respective owners. 13. LANGUAGE The present document was written in French, then translated into other languages. In case of contradiction with versions in another language, the French version shall prevail. APPENDIX COPYRIGHT TRANSFER FORM "GAM'ART" CONTEST The ANKAMA GAMES Company, located at 75 boulevard d Armentières, Roubaix - France, registered with the Trade and Companies Register (RCS) of the Lille (France) metropolitan area under the number

6 (henceforth the "Organizer"), is organizing a free contest with no purchase required entitled "Gam'Art" (henceforth the "Contest") from August 30, 2018, to October 29, 2018, at 11:59 p.m. (Paris/France time), in accordance with the provisions laid out in the rules accessible at (FR) (or any other extension of this URL accessible from the Participant's country of residence). In order for their submission to the Contest to be considered, each participant MUST include a completed and signed copy of the present form* with their submission, sent by to gamart@ankama.com. * The present document was written in French, then translated into other languages. In case of contradiction with versions in another language, the French version shall prevail. DECLARATION AND TRANSFER OF COPYRIGHT I, the undersigned: Mr./Miss/Mrs./Ms./... Nickname: Place of residence: Telephone: Date of birth: 1. Hereby declare that I have the ability to participate in the Contest, and that I have read and understood the Contest rules available at (or any other extension of this URL accessible from the Participant's country of residence). 2. Transfer to the Organizer the rights enumerated below to the submission sent to the Organizer for inclusion in the Contest and enclosed with this form (henceforth the "Content"), notably in order to publish it in the Gamakna e-magazine (the "Magazine") and on the websites of the ANKAMA Group: a. Right of reproduction The right to reproduce all or part of the Content, and/or cause it to be reproduced, by any current or future technical process such as printing, scanning, recording, and downloading on any medium, for example paper, electronic (Internet), or digital media (CD-ROM, DVD, CD photos, CD-I, e-book). b. Right of representation The right to represent all or part of the Content, and/or cause it to be represented, by any current or future public communication process such as television broadcasting, radio, satellite, cable, or any other transmission, broadcast, or telecommunication medium, by printing in newspapers or periodicals, by distribution in books, albums, or artbooks, by mobile or landline telephone, or computers, or by Internet and intranet networks. c. Right of adaptation The right to adapt all or part of the Content by any change of medium and in any modified form for technical and/or artistic reasons, subject to respect for the moral rights of the author. The right to establish or cause to be established all versions of the Content, both French and foreign, and all dubbed and/or subtitled versions, in all languages. d. Rights to derivative works The right to produce, use, and market any object or product, whether intended for sale or not, which reuses all or part of the Content, such as video games, notebooks, toys, games, playing cards, postcards, signs, posters, book covers, stickers, stationery, office supplies (pencil cases, rulers, magnets, etc.), and clothing. Explicitly acknowledge that the Organizer becomes the copyright holder of the transferred rights to the Content. The Organizer may then grant licenses and enter contracts in order to exercise these rights, subject to the moral rights of the author. Accept that the transfer of rights described above is granted on an exclusive basis for the duration of literary and artistic property rights under French law, starting from the date when the Content was submitted and throughout the entire world. The "duration of literary and artistic property rights under French law" is understood as the maximum term of copyright protection provided by law now and in the future. Consent, effective immediately, to the further transfer of the rights transferred above to the entities of the Ankama Group and to any third party of the Organizer's choice. Therefore, I authorize the entities of the Ankama Group to use the Content and/or cause it to be used. It is not required that I agree to or be informed of this transfer of rights in advance. In accordance with my wishes and with article L of the Intellectual Property Code, the transfer of rights described above shall be carried out at no cost, with no financial compensation.

7 Certify that I have not inserted into the Content any element that might constitute a violation of third-party rights, and indemnify the Organizer, release it, and hold it harmless against any action that could be initiated on any basis whatsoever by natural or legal persons who consider themselves to have a claim to any rights whatsoever to all or part of the Content or relating to its use. I therefore indemnify the Organizer against any difficulty, claim, or eviction in its full and free enjoyment of any and all uses of the transferred rights, and against any claim of defamation or violation of community standards. Declare that I am the sole owner and holder of the rights attached to the Content, and that I have full power and authority to transfer those rights; that I have not granted and will not grant, for the duration of the transfer of rights, any rights that could compete with those transferred above. In particular, I warrant that the Content is not the subject of any transfer, pledge, or preference pact still in force. Undertake to indemnify the Organizer, if necessary, against any costs or damages which might result from failure to comply with this declaration. Explicitly accept that the format of published volumes, the interior and exterior presentation, the cover design, the sales price (where applicable), the sale dates, and, where applicable, the collection and printing of the Magazine will be determined by the Organizer. Authorize the Organizer to label the Content with my name or my nickname as communicated in connection with the Contest. Explicitly accept that in order to publicize and promote the magazine and the services of the Ankama Group, the Organizer may reproduce and distribute (or authorize the reproduction and distribution of) the Content or excerpts of the Content, in any medium and by any means of public communication not enumerated in article Agree to refrain from distributing the Content in any form and in any medium whatsoever before the end of the Contest. I also agree to request the express written permission of the Organizer before any commercial or non-commercial use of the Content, even after the end of the Contest. 4. Authorize the Organizer to collect and process the personal information that I communicate during my participation in the Contest and above (the "Personal Information"), and I am aware that the processing of this Personal Information (i) is necessary for the administration of the Contest and subsequent activities, (ii) will be retained by, and (iii) is for the use of the Ankama Group. The Personal Information will not be used for promotional, advertising, or marketing purposes, except as explicitly agreed to below. I am also aware that, in accordance with the provisions of France's "Informatique et Libertés" (Information Technology and Civil Liberties) law of 6 January 1978, art. L.27, I have a right to access, correct, oppose or delete my Personal Information, and that I may exercise this right by writing to ANKAMA - Infos Personnelles, 75 bd d'armentières, BP 60403, Roubaix Cedex 1, FRANCE, and by providing my first name, last name, address and home address, along with proof of my identity (photocopy of national identity card or passport). 5. Accept that Content not selected for the Contest may be destroyed after the end of the Contest. I want to receive all the latest information about the WORLD OF THE ANKAMA GROUP in the Ankama newsletter Signed at on Participant's signature preceded by the handwritten phrase "Read and approved": Last name, first name, and signature of the Participant's Legal Representative, if the Participant is a minor, preceded by the handwritten phrase "Read and approved":