MotoGP™24 Helmet Design Contest Term and Conditions
MOTOGPTM24 HELMET DESIGN CONTEST NOTICE
The company Milestone srl, a limited liability company under Italian law, with registered office in Milan, via Olona, 2, tax code -VAT number IT10851750967 and registration number with the Companies’ Register of Milan 2561840 (hereinafter “Promoter“) organizes the campaign “MotoGPTM24: Helmet Design Contest“ which will take place from May 9 to June 6, 2024, through the MotoGPtm video game community, according to the terms and conditions described in these regulations (respectively “Contest” and “Regulations“).
The Contest aims to creatively engage MotoGPTM fans and create a helmet livery for MotoGPTM rider Maverick Viñales, actually put into production as an “inspired by” version and worn by the rider himself during a MotoGPTM 2024 Championship round.
This Contest is to be considered excluded from rules on prize events, as it falls within the case of exclusion referred to in letter a, paragraph 1, art. 6 of Presidential Decree no. 430/2001 and the “prize” to the author of the selected work is to be deemed consideration for the recognition of personal merit.
Addressees of the initiative
The Contest is open to all players worldwide of the MotoGPTM24 video game, released by Milestone, who have a Sony (PS5 – PS4), Microsoft (Xbox Series X – Xbox One – Xbox Series S) or Steam account.
Only natural persons of legal age, according to the regulations in force in their country of residence, who meet the requirements set out in the preceding paragraph (the “Participants”) are eligible to participate. The Contest is prohibited where it is forbidden by the local regulations of the Country of residence of the Participant. It is the responsibility of the Participant to check the rules of his/her Country and ensure that he/she can participate in this Contest.
Please note that each contribution may only be submitted by individuals or groups, provided that, for groups, a reference contact person (hereinafter referred to as “Group leader”) is specified, who has been delegated by the other group members; each work must therefore be submitted by only one person, who will act as Group Leader and be eligible for recognition.
Each Participant entered in the Contest may submit more than one work (but no more than a total of [one hundred] works), although the same content may not be submitted more than once.
Employees of the Promoter and all persons who have a professional relationship with the Promoter during the term of this Contest are excluded from participation in this Contest.
Terms of participation
The Contest may be announced as of 29 April 2024.
Collection of valid entries from 9 May to 6 June 2024.
Final jury selection: by 30 June 2024.
How to participate
Participation in the contest is free of charge.
During the Contest, the Participants will be asked to create a personalized graphic for the Arai helmet available within the section dedicated to the contest, using the helmet editor present in the MotoGPTM24 video game by Milestone, subject to viewing and acceptance of these Regulations.
To participate, each Participant must follow the following steps:
- Access the game menu;
- Click on the appropriate button in the main menu dedicated to the Contest;
- Confirm, by opt-in on the next screen, his/her willingness to participate in the Contest and acceptance of these Rules;
Once the Participant has viewed and accepted the Rules, he/she will be able to enter into the customization:
- a 3D model of the rider Maverick Viñales in an Aprilia suit wearing an Arai helmet with no livery of any kind will be displayed.
- through the tools and elements provided by the game editor you will be able to proceed with the creation of your own helmet livery.
- once the customization of the livery for the helmet is completed, the Participant will be able to save the creation within the game, following the instructions of the tool.
- the creation at this point will be available as a searchable UGC within the video game in the interface dedicated to helmet UGCs. This search is done by setting a dedicated filter (PS, Xbox and PC only).
Each Participant may also submit more than one livery (but no more than 100).
Graphics requirements and exclusions
The livery could be optimized (adjusted) for the purpose of its production.
All submitted liveries must have the following characteristics, otherwise they will be excluded from the Contest:
- Be in line with the philosophy of the Contest; and
- be original and unpublished.
The following will also be excluded from the Contest:
- Graphics that reproduce third-party logos or that infringe, in any way, the rights of third parties, including any copyright and similar rights, as well as those proposed in violation of the statements and guarantees referred to in article 8 below.
- Graphics that are deemed offensive and/or contrary to public morals and public decency or that contain defamatory content or in violation of privacy.
- Graphics that are received from individuals who are minors or otherwise not eligible to participate in the Contest by applicable law.
- Selection criteria
A technical jury composed of members selected by the Promoter will evaluate at its sole discretion all the works received, selecting those deemed most deserving and of greatest interest.
Specifically, it will identify No. 1 winner and 3 reserves, based on the following criteria:
- Originality;
- Style;
- Effective feasibility of the graphics on the livery, according to production requirements;
- Creative use of the graphic elements provided by the game editor.
The evaluations and decisions of the jury are to be considered indisputable, definitive and binding. The winner will be informed of his/her selection, which will then be made public through a post on the social channels of MotoGPTM24, the Promoter and MotoGPTM rider Maverick Viñales.
Copyright – Acknowledgements
The jury will decide at its sole discretion the best work among those entered in the contest.
The winning work will be put into production in the form of “inspired by” (it will therefore be the basis for the rider’s helmet graphic) and worn by MotoGPTM rider Maverick Viñales at an official MotoGPTM 2024 championship event.
In no case may the subjects who have participated in the contest by sending their works make claims, for any reason and/or on any basis, against the Promoter in relation to participation in the Contest and/or any failure of the work submitted to be selected.
The winner will be contacted via the game’s internal messaging system within 10 days from the date of selection and must respond by providing his/her e-mail address or social contact usually used within 2 days of notification of winning.
This will then be followed by a notification of winning by e-mail (or through another address expressly indicated by the winner) to the address provided, which will contain a letter of acceptance and assignment of intellectual property rights, to be returned signed as required and within the peremptory deadline of 7 (seven) days from the notification of winning by e-mail.
With the signing of the letter of acceptance and assignment of rights, the Participant will become the actual winner of the Contest and, as the author of the graphic selected as the winner, will assign all rights (including those of economic exploitation), exclusively, definitively and absolutely, without time or territorial limits, or other exclusion, with express waiver by the author of any and all economic claims against the Promoter and its assignees, if any.
The Promoter, by virtue of the transfer to it by the Participant, as author, of all rights to reproduce and distribute the work selected under this Article 6, may implement and put it into production, make adaptations or transformations, and, more generally, shall have the right to the complete free use and exploitation of the work.
Authorisations, representations and warranties on content
The Promoter reserves the complete right – also through its assignees – to obscure and/or not to take into consideration the contents made with graphics or images that are considered offensive and contrary to public morality (vulgar, violent scenes, illegal activities, etc.), which violate in any way the rights of third parties by presenting defamatory content, invasion of privacy or violating any copyrights.
By submitting their works, Participants:
- waive any rights to it (which right will be granted to the Promoter) and may not make any financial claims for its possible future use in any form or medium. The contents of the work must be copyright free and will not be returned.
- By agreeing to participate in the Contest, each Participant declares and warrants (i) that he/she meets all the requirements set forth in these Rules to participate in the Contest, and (ii) that he/she is the sole author of the work submitted, assuming, therefore, full and total responsibility, in any respect, none excluded, with regard to the authorship of the work itself, relieving, for the effect, the Promoter from any and all liability and, therefore, also for any direct and/or indirect damages that may be caused to third parties, in case of untruthful statements about the authorship of the contribution sent.
More specifically, by participating in the Contest, each participant declares and guarantees:
- that the work submitted is original and that it does not violate copyright and/or related rights and/or trademark rights / industrial secrets / image rights or any other right of commercial and/or industrial and intellectual exploitation, none excluded, of any natural and/or legal person;
- that it will keep the Promoter, as well as its assignees, fully free and indemnified from any and all detrimental consequences, even from a compensatory and/or indemnity point of view, which may derive from the same as a result of the violation and/or untruthfulness of the statement and guarantee referred to in this article 8 or failure to comply with the requirements of article 4. In particular, the Participant will defend and hold completely harmless and indemnified the Promoter from any cost, damage, charge, compensation and/or indemnity, excluding none, which the latter, for any reason and/or on any basis, may be called to incur as a result of the simple possession and/or use, even for commercial purposes, of the work and, therefore, also for the violation of copyright, registered trademark rights, patent rights, know-how, invention rights, image rights and any other right, even exclusive, of third parties.
- Invalidity of participation – forfeiture of the prize
Participation in this Contest entails the Participant’s unconditional and total acceptance of these Rules, without limitation.
The Promoter reserves the discretionary right to suspend or cancel the Contest, at its sole discretion, such as if facts and/or events occur that make it difficult and/or impossible to continue the Contest.
The Promoter reserves the right to request, at any time, from the Participants a copy of an identity document or other documentation necessary to ascertain the fulfilment of the requirements set forth for participation in the Contest. If the Participant refuses to cooperate for any reason, he/she will be excluded from the Contest.
In the event of attempts at fraud and/or inaccurate, partial and/or false statements, the Promoter reserves the right to proceed with the immediate exclusion of the Participant.
The Participants who, according to the unquestionable judgement of the Promoter or of third parties appointed by it, participate in the contest with means and tools judged as suspicious, fraudulent, or in violation of the normal course of the initiative, will be excluded from participation and will not be able to enjoy any prize obtained.
Contacts
If you have any doubts or questions regarding the Contest and these Regulations, please write to [ https://milestone.it/it/contact/
Court of jurisdiction
Any dispute arising in connection with the Contest or these Rules shall be submitted to the exclusive jurisdiction of the Court of Milan.
Territorial scope
Th Contest is aimed at all users of the community, whether resident in Italy or abroad.
This Contest is to be considered excluded from the scope of application of the discipline on Italian prize events, as it falls within the hypothesis of exclusion referred to in letter a, paragraph 1, art. 6 of Presidential Decree no. 430/2001: in fact, the “prize” that will be awarded to the Participant who will be named the winner pursuant to article 7 has the character of recognition of personal merit.
Information on data processing
Information to be provided pursuant to Article 13 of Regulation (EU) 679/2016 (“GDPR”)
The participant’s personal data voluntarily provided will be processed, mainly electronically and by means of analysis tools, including statistical tools, by the Promoter for the performance of all the stages connected with the Contest called “MotoGPTM24: HELMET DESIGN CONTEST”.
In addition, said data will be processed to comply with administrative and other regulations that are compulsory by virtue of the law in force in Italy or by virtue of EU decisions, and stored for the time required by such regulations. The data requested must be provided for the above-mentioned purposes, and failure to provide them will not make it possible to carry out the management activities of the Contest and comply with the law.
Upon explicit consent, the data of the Participant who will be named the winner will be published in media, such as the Internet and informational and promotional materials – digital and printed.
Retention of data for purposes of managing the Contest will be limited to the period of completion of its individual stages and as imposed by the relevant regulations. Subsequently, they will be anonymised for statistical purposes and the identifying data will be destroyed.
The persons authorised to process data are those in charge of sales and marketing, the call centre, information systems and data security.
Pursuant to arts. 15-21 of the GDPR, by writing to the data controller at the above-mentioned postal address or through the form at https://milestone.it/it/contact/, the participant may exercise his/her rights to consultation, modification, erasure and to be forgotten; you may also limit the processing of your data or object to its processing for legitimate reasons or for informational and promotional purposes. If consent is revoked by the Participant, which may be done at any time, it is understood that this shall not affect the lawfulness of the processing based on the consent previously given or on alternative mechanisms to consent permitted by law. Participants should also note that they have the right to lodge a complaint with the supervisory authority in order to enforce their rights. Again by writing to the postal address above or by filling out the form at https://milestone.it/it/contact/ the participant can request the complete and updated list of data controllers.
The DPO/RPD of the Promoter can be contacted using the Support accessible through the link https://milestone.it/it/contact/ which will analyze the requests received and provide feedback, also through the Data Controller, within the timeframe provided by the current legislation on the protection of personal data, EU Regulation 679/2016.
Finally, participants have the right to request data portability, i.e. to receive their data in a structured, commonly used and machine-readable format, in order to transmit them directly to another entity, as autonomous data controller, for processing within the limits set by the data subject.
