I/ OFFICIAL RULES OF THE “MILLION LORDS: LEGENDARY CONTEST” GLOBAL COMPETITION
Million Victories, a société par actions simplifiée (simplified limited company under French law) with share capital of €65,850.00, entered on the Lyon Trade and Companies Register under number 830 912 051, whose registered office is located at 75 rue Francis de Pressensé 69100 Villeurbanne, France (hereinafter referred to as “Million Victories”), is planning to organise a competition temporarily or definitively entitled “Million Lords: Legendary contest” (hereinafter referred to as the “Competition”).
Access to the Competition is free of charge and shall take place over three (3) days from 18 to 20 May 2021 in three (3) geographical areas (the Americas, Asia and Europe).
The Competition may give rise to audio-visual recording, the broadcasting of which shall be at the discretion of Million Victories, intended in particular to be broadcast on online communication services (in particular on the Internet and platforms such as Twitch etc.).
These rules are intended to govern the Competition, access to which is subject to express, prior, full and complete acceptance by its players.
ARTICLE 1 : Definitions
In the context of these rules, the terms used hereinafter have the following meanings, whether they are used in the singular or the plural:
- “Code of Conduct”: means the official declaration of the values and practices that must be complied with by the Players to participate in the Game and the Competition, and that are accessible at the following address: https://millionlords.com/safe-and-fair-play/
- “Account”: means the Player account created under the conditions provided for in Article 3.2 of the General Terms and Conditions of Use, accessible from the Game and allowing the Players to access the Game. The Account is specific to each Player and is accessible only by means of his/her logins;
- “General Terms and Conditions of Use”: means the general terms and conditions of use of the Game accessible at the following address https://millionlords.com/general-conditions-and-terms-of-use-privacy-policy-million-lords/
- “Facebook”: means the online social network that allows its users to publish images, photographs, videos, files and documents, exchange messages, join and create groups, and use a variety of applications and games available in particular on Apple Store, Google Play;
- “Logins”: means the login and password enabling the Player to access his/her Account;
- “Game”: means the mobile game “Million Lords” which is a massively multiplayer real-time strategy game created and edited by Million Victories. It allows the Player to lead an army and develop it in a land of war, to conquer cities by fighting and defending his/her territory. The Game is available free of charge on the Apple Store and Google Play, and is accessible via Smartphone or Tablet. The Game includes in particular all the IT components (in particular software and IT developments, including programs in source and object code, preparatory design work, specifications and prior studies, user documentation relating to the use and operation of the Game), the graphic charter (including projects, models, prototypes and plans), the infrastructure as well as the content (in particular texts, sounds, fixed or animated images, videos and databases) belonging to Million Victories;
- “Player”: means any natural person who has created an Account and who accesses the Game;
- “Leagues”: means, by Region, groups of Players organised according to their level and the date of creation of the Account, bearing in mind that:
- new Players are divided into two (2) “bronze” leagues according to the date of creation of their Account;
- more experienced Players are grouped into one (1) “silver” league and one (1) “gold” league.
- “Region”: means the geographical areas eligible for the Competition grouping the Players on three (3) servers separated by region from the place where the Players connect, namely the Americas (North and South America), Asia and Europe;
- “Rules”: means these rules. They establish the general rules relating to the Competition, in particular the rules governing the eligibility of Players, the structure of the Competition, the prizes awarded and the rules of behaviour for Players.
- “Season”: means the period of one (1) month at the end of which all Players restart with a new city, keeping the equipment purchased or won in previous seasons;
- “Smartphone”: means smart mobile phones allowing access to applications and games via an internet network;
- “Tablet”: means touch screens allowing access to applications and games via an internet network.
Article 2: Purpose
The Rules and any updates, amendments or additions thereto set out the rules and conduct applicable to any participation in the Competition.
The Rules are in addition to:
- the Code of Conduct is available at the following address: https://millionlords.com/safe-and-fair-play/
In the event of a contradiction, the Rules shall take precedence over the General Terms and Conditions of Use and the Code of Conduct.
Each Player must accept the Rules in order to participate in the Competition. The Players must accept the Rules by means of the Competition registration message sent by Million Victories with the following wording:
IMPORTANT: NOTE TO PLAYERS
Article 3 – Changes to the Rules
Million Victories reserves the right to amend the Rules at any time, in particular to take into account any legal, case law, editorial, functional and/or technical changes relating to the Game and/or the organisation of the Competition.
Amendments to the Rules may be made during the course of the Competition, which the Players acknowledge and accept.
In the event of a situation not envisaged herein, Million Victories shall decide on the decision to be taken.
Any substantial change to the Rules shall be communicated to the Players by email and/or other electronic means of communication.
Any participation in the Competition constitutes acceptance of the amended Rules.
In the event that any Players disagree with the amended Rules, they must cease their participation in the Competition.
Article 4: Conditions for registration and participation in the Competition
4.1- Access to the Competition is free and reserved for the first Players of each of the Leagues of each Region of the March and April Season ending respectively on 31 March and 29 April 2021, namely:
- the first four (4) Players of the “Bronze” League (for the March and April Seasons starting on 15 March and ending on 29 April 2021);
- the first five (5) Players of the “Silver” League finishing the March Season on 31 March 2021 and the first five (5) Players of the “Silver” League finishing the April Season on 29 April 2021;
- the first ten (10) Gold League Players finishing the March Season on 31 March 2021 and the first ten (10) Gold League Players finishing the April Season on 29 April 2021.
In addition, Million Victories shall grant access to the Competition to ten (10) influencers per Region as well as to six (6) Players following the participation of one or more competitions, the rules of which shall be set subsequently by competition rules.
The Competition shall include a maximum of fifty (50) Players per Region.
4.2– Participation in the Competition assumes that the Players:
- have created an Account on the Game linked to Facebook or iOS or the Android Playstore in accordance with the procedures in particular provided for in article 3.2 of the General Terms and Conditions of Use;
- have been selected by Million Victories according to the criteria detailed above in Article 4.1;
- have a Smartphone and/or Tablet connected to an Internet network;
- register within one (1) week from the sending of the invitation message sent by Million Victories on 1 April 2021 at the end of the March Season or on 30 April 2021 at the end of the April Season by (i) completing the registration form attached to the invitation message by entering the following information:
- user ID;
- country of residence;
- email address;
(ii) accept the Rules and (iii) provide a valid identity document (identity card, passport).
If at the end of each registration week from 1 to 8 April 2021 and from 30 April to 7 May 2021, the number of Players registered per Region is less than fifty (50), Million Victories shall send new invitations to the following Players in the ranking of the Game in the Region(s) who shall in turn have a period of one (1) week from the sending of the registration message to register according to the process referred to above. If at the end of these registration weeks the number of Players per region is less than fifty (50) Million Victories reserves the right to postpone or cancel the Competition.
On 14 May 2021, the list of Players registered for the Competition shall be set.
At the end of the registration phase, each validly registered Player shall receive by email a “testflight” invitation for Players on “iOS” or a “Google Play Store” link for Players on Android with their usernames and passwords enabling them to connect to the server for the Competition corresponding to their Region.
The Players may not pass on this login information to anyone. It is strictly forbidden to pass on or sell these invitations, usernames and passwords to another Player or to any other person, and to make the public aware of these invitations, usernames and passwords. Failing this, the Player in breach of this prohibition shall be disqualified from the Competition.
4.3- The Players guarantee that they have full legal capacity to participate in the Competition, and in particular that they:
- are eighteen (18) years of age or older;
- hold a valid identity document (identity card, passport);
- reside and participate in a Region associated with their Account;
- are legally capable and have full possession of their intellectual or cognitive faculties (and in particular are not in a state of dependence, under guardianship and/or under curatorship, etc.);
- are not officers, directors or members of staff or members of the family (tax household) of a Million Victories employee or any entity that controls or is controlled by Million Victories, from the start of the Competition until the end of the Competition;
- are not bound by a contract that would result in them being unable to participate in the Competition and/or to authorise Million Victories to exploit, in particular the attributes of their personality;
- are holders of valid civil liability insurance;
- accept and sign the Rules and any documents necessary to enable their effective participation in the Competition;
- ensure that their participation in the Competition complies with all the laws of the country in which they reside and/or play, and represent and warrant that they take all necessary measures to ensure their compliance;
- are not competitors of Million Victories and/or shall not use the Competition for the purposes of competing with Million Victories, fraudulently and/or in a manner that is detrimental to the interests of Million Victories;
- have not already had their Account deleted by Million Victories due to non-compliance with the General Terms and Conditions of Use and/or the Code of Conduct.
4.4– Million Victories reserves the right, in its sole and absolute discretion, to determine the eligibility of any Player. The Players acknowledge that the decisions of Million Victories in terms of unenforceability are final, and that the eligibility status of any Player may be redefined at any time.
4.5– Any misrepresentation may result in harm to Million Victories and the elimination and/or suspension of participation in the Player’s Competition. Furthermore, Million Victories shall not be held liable in the event of participation in the Competition by people who do not meet the conditions set out in Articles 4.2 and 4.3 herein.
Article 5 – Conditions and staging of the Competition
It is agreed that during all phases of the Competition, if one or more Players refuse to participate or are unable to continue their participation or if their participation proves to be non-compliant with the conditions of the Rules, then the Player(s) shall be disqualified.
The Competition shall take place according to the following stages:
5.1– Stage 1: opening of the servers
At the end of the Player selection and registration phase referred to in Article 4 herein, Million Victories shall open the servers for each Region on 18 May 2021, the times for each server (Europe, Americas, Asia) shall be communicated to the Players prior to the start of the Competition.
5.2– Stage 2: launch of the Competition
When the servers are opened, the Competition shall take place from 18 to 20 May 2021 and shall bring together, 24 hours a day, the Players by Region in a game that shall last three (3) days.
The Competition shall take place with a simplified version of the Game.
The Players are reminded that the rules of the Game are provided to the Players in a tutorial when creating their Account.
The Player may not purchase anything, either in euros (€) or sapphires (no purchase of sapphires, equipment chests, advisers, recovery of injured troops, new departure, progressive bundles, etc.).
The Player may not watch advertisements.
The Player shall monitor his/her progress on a general ranking updated in real time and based on all his/her accumulated kingdom points.
In the event of a draw (the Players finishing tied with exactly the same number of kingdom points), the Players shall share the prize in question.
Bugs are errors, faults or flaws that produce an incorrect, unexpected or unintentional result in the running of the Game. For the purposes of the procedure relating to the appearance of bugs during the Game, and at the sole discretion of Million Victories, bugs are divided into two categories:
- a minor bug is, in the opinion of Million Victories, a bug that does not significantly alter the running of the Game, and shall be considered, in the worst case, as an inconvenience to the Players not preventing the Players from continuing the Competition despite the minor bug.
- a major bug is, in the opinion of Million Victories, a bug that significantly alters the running of the Game and seriously hinders the performance of the Players. The appearance of a major bug shall require Million Victories to take action to address it as set out in the paragraph below.
In the event of a major bug, Million Victories may decide to suspend the Competition, at its sole discretion, for the time required to remedy it. The Competition shall restart with the number of points displayed before the incident. If, however, the major bug cannot be repaired, Million Victories reserves the right to postpone or cancel the Competition without being held liable.
Any intentional use or attempted use by a Player of any bug or defect in the Game is strictly prohibited and may result in the exclusion of the Competition.
It is strongly recommended that evidence be gathered and retained using the phone’s built-in recording system. The Player must record a video or screenshots of each Game result in the event that evidence is required in connection with a dispute. All evidence must be clearly visible and present the points of the Game and an indication of the time.
5.3– Stage 3: selection of winners
At the end of the Competition on 20 May 2021, the servers shall be put into maintenance and the Players shall no longer have access to the Game.
All Players shall receive an email with the general ranking of the Competition that shall designate the winners in each Region. The winners are the first three (3) Players in each Region having accumulated the maximum number of kingdom points.
Article 6 – Prizes
The Winners shall be awarded the following prizes:
- Europe Region:
- 1st place: five hundred US dollars ($500)
- 2nd place: three hundred US dollars ($300)
- 3rd place: two hundred US dollars ($200)
- Asia Region:
- 1st place: three hundred US dollars ($300)
- 2nd place: one hundred US dollars ($100)
- 3rd place: fifty US dollars ($50)
- Americas Region:
- 1st place: five hundred US dollars ($500)
- 2nd place: three hundred US dollars ($300)
- 3rd place: two hundred US dollars ($200)
Each winning Player shall receive a separate email asking them to provide by return to Million Victories the bank account details to which the prize shall be paid. The name indicated on the bank details must match the identity document provided by the Player at the time of registration.
Potential winners must comply with the Rules and obtaining the prize shall be subject to compliance with all its provisions. Potential winners shall not be entitled to any prize if the conditions set out in the Rules, as well as any other applicable rules, are not complied with. The Players shall be responsible for all costs and expenses associated with their prize that are not specifically set out herein. Any national, regional or local taxes, in particular VAT, that may be associated with the receipt or use of any prize are the sole responsibility of the Player.
The exhaustive conditions for awarding the prize shall be specified at a later date. The prize is nominative and may not be awarded to another person.
In the event of the cancellation or termination of the Competition before a Player is named winner, none of the Players may claim the prizes referred to in this article.
Article 7: Interruption of the Game and/or the Competition
7.1– Million Victories reserves the right to interrupt the operation of all or part of the Game at any time, with or without notification, in particular for the purpose of ensuring the corrective and upgrade maintenance of the Game. To the greatest extent possible, Million Victories shall inform the Players prior to any corrective or upgrade maintenance operation necessary for the continuation of the Competition.
Furthermore, the Players acknowledge that the Game and/or the Competition may be interrupted for reasons beyond the control of Million Victories and that Million Victories cannot therefore guarantee continuous access to the Game and/or the Competition.
In any event, Million Victories may not under any circumstances be held liable for any interruption and/or malfunction of the Game and/or the Competition, regardless of the cause.
7.2– The Players are invited to inform Million Victories of any technical problem they encounter during the Competition by writing to the following address and describing the problem encountered: firstname.lastname@example.org
Article 8: General Undertakings of the Players – Restrictions
8.1– In a general manner, the Players undertake to comply with the Rules as well as the applicable laws and regulations.
8.2– In the context of the use of the Game and participation in the Competition, the Players undertake in particular to:
- provide accurate, complete and compliant data and to systematically update them in the event of a change;
- comply with the General Terms and Conditions of Use;
- respect the image and reputation of Million Victories;
- refrain from creating or attempting to create fake Accounts;
- refrain from modifying or altering all or part of the Game;
- refrain from restricting the use of the Game by any means whatsoever and refrain from falsifying any mention or element of the Game;
- refrain from disseminating or attempting to disseminate computer viruses or any other harmful element through the Game;
- refrain from entering a computer system, refrain from altering the content or committing any of the offences punishable by articles 323-1 to 323-7 of the French Criminal Code (“hacking”), refrain from sending unsolicited messages in bulk by means of the Game or collecting personal data fraudulently, a practice punishable by article 226-18 of the French Criminal Code;
- refrain from sucking up the content of the Game and its database, in particular using automated programmes;
- refrain from attempting to recreate all or part of the Game using reverse engineering techniques;
- refrain from transmitting their Logins to a third party;
- refrain from using the Game for purposes contrary to the rules in force and infringing the rights of third parties (in particular intellectual property and privacy);
- more generally, report any content that does not comply with Million Victories and/or that is suspicious and/or unlawful. The content in question and the procedure to be followed are described by the French government directly on the following site: https://www.interieur.gouv.fr/A-votre-service/Ma-securite/Conseils-pratiques/Sur-internet/Signaler-un-contenu-suspect-ou-illicite-avec-PHAROS;
- refrain from attempting and refrain from circumventing, deactivating or disrupting in any other way any security-related function of the Game, or preventing or restricting the use or copying of content or imposing restrictions on the use of the Game or content accessible from the Game;
- refrain from using the Game for commercial purposes;
- refrain from distributing all or part of the Game and in particular the content, on any other medium, without the prior written authorisation of Million Victories;
- respect the other Players;
- more generally, refrain from harming Million Victories or any other Player.
8.3– Non-compliance by the Players with these provisions, which are considered essential and determining, may result in the exclusion of the offending Players as well as any measure that Million Victories deems necessary, including with regard to the prizes.
As the organiser of the Competition, Million Victories reserves the right to implement any measure that it deems essential to ensure the preservation and compliance with the Rules and the smooth running of the Competition.
Million Victories reserves the right to delete a Player’s Account and/or access to the Game without notice and without prejudice to any other rights and actions that the latter may claim in the event that the Player uses the Game in an inappropriate manner.
8.4– The use of Player sponsorship must be authorised in advance by Million Victories, for this purpose the Players may contact Million Victories using the following address: email@example.com
The use by the Players of any video, on demand or live broadcast of the Competition; images of the best moments of the Competition; game images, logos associated with the Game, visuals or animations of the Game; or any other intellectual property protected, owned or controlled by Million Victories (collectively, the “Game Elements”) in connection with any sponsorship, advertising, promotion or marketing operation with a third party is prohibited.
Million Victories reserves the right to use sponsors worldwide or for a specific territory.
Article 9: Conduct and sanctions
All Players must, in all circumstances, adhere to the highest standards of personal integrity and good faith, and act in the interest of the Competition and, in any event, as established by Million Victories. Players are required to behave professionally and fairly in their interactions within the Competition with other Players, Million Victories members, the media, sponsors and fans.
Players must not make obscene or offensive gestures or use coarse terms in their pseudonyms. This applies to English and all other languages and includes abbreviations and/or ambiguous references.
Players must resolve potential conflicts respectfully, without resorting to violence, threats or intimidation.
9.2– Cheating and the integrity of the Game
Players must compete by deploying all their skills and abilities at all times. No form of cheating by the Players shall be tolerated. Players are prohibited from influencing or manipulating the Game so that any aspect of the Game is determined by anything other than the merits of the Players. This list of examples of cheating or behaviour affecting integrity shall include, but is not limited to:
- any other action intended to intentionally alter or attempt to alter the results of the Competition;
- attempting to interfere with the connection of another Player;
- allowing a person who is not registered as the holder of an Account to participate in the Competition from that Account and/or participate in the Competition by being connected to an Account registered under the name of someone else;
- using bots, acting on game time, consulting with opposing Players, practising a “drophack” (i.e. send a very large number of requests to the Competition’s server(s) with the aim of having all Players disconnected from the game, so that the server considers that the latter no longer exists and cancels it), not using all his/her capabilities during the Competition, practising “ghosting” (asking a third party to illegally provide information on an opponent’s positions and/or movements), persuading another Player to lose, and
- receiving video clips from a game screen of another Player and/or confidential information about another Player;
- misusing or hacking of the Competition’s servers;
- the use of unauthorised or restricted items;
- violent or threatening behaviour or harassment within or outside of the Competition.
9.3– The Players must, at all times, comply with the Game licence agreement referred to in article 5 of the General Terms and Conditions of Use during the Competition or at any other time. The Players are not authorised to breach the Game licence agreement to derive a personal benefit, an interest in terms of reputation, financial gains or for any other reason.
9.4– Fighting against harassment.
The Players are not authorised to engage in any form of harassment or discrimination (during or outside the Competition), in particular, without limitation, based on ethnic origin, skin colour, religion, gender, country of origin, age, disability, sexual orientation, gender identity, or any other category or criterion.
The Players, as well as the employees and collaborators of Million Victories are not authorised to (i) place or attempt to place bets on the Competition (or any part thereof) (ii) transmit to any person information that could influence their bets, or (iii) offer or accept gifts or privileges from anyone for services promised, rendered or to be rendered in connection with the Competition, in particular services associated with defeating or attempting to defeat a Competitor Player or services aimed at deliberately losing, rigging or influencing the results of the Competition.
This rule also prohibits Players from joining in any other person’s bets, asking a person to make bets involving the Game and/or the Competition on behalf of a Player, or encouraging anyone to make bets involving the Game and/or the Competition.
Players are also prohibited from engaging in eSport leagues or games involving Million Victories, the Game, in which the participant pays any form of entry fee in exchange for the opportunity to earn a sum of money or anything else of value.
Each Player undertakes to refrain from engaging in any action or behaviour that may disparage and harm the image or reputation of Million Victories in any circumstances on any online (social media, blogs, etc.) or physical medium, regardless of the method of dissemination.
As soon as they become aware of any prohibited behaviour in particular with regard to this Article 9, Players are required to report it immediately and to send this information to Million Victories at firstname.lastname@example.org. Failure to comply with this requirement is a breach of the Rules.
Article 10: Confidentiality
The Player undertakes to maintain the strictest confidentiality and not to disclose to any person or company, without the prior written consent of Million Victories, the terms of the Rules, Million Victories’ confidential data, information or any other work product, including but not limited to ideas and/or financial information learned during the Competition (hereinafter referred to as the “Confidential Information”).
The Player acknowledges and accepts that the Confidential Information is and shall at all times remain the property of Million Victories and that it is of high value, confidential and material to the interests, affairs and activities of Million Victories and that its disclosure would be detrimental to the interests, affairs and activities of Million Victories.
Confidential Information does not include information that:
(a) has been or becomes generally available to the public other than as a result of a disclosure by the Player in breach of this clause,
(b) was or becomes available to the Player on a non-confidential basis from a source other than Million Victories, provided that the Player was not aware that the source was bound by a confidentiality agreement, or
(c) is independently developed by the Player without the use of the Confidential Information.
The Player undertakes to fully indemnify the Client as soon as possible and undertakes to indemnify and hold harmless Million Victories against any claims, proceedings, actions, losses, costs, expenses and damages (whether direct, indirect, economic and/or consequential) resulting from any breach of this confidentiality obligation.
This confidentiality obligation shall apply throughout the term of the Rules and shall survive for a period of five (5) years from the expiry or early termination of the Rules for any reason whatsoever.
Article 11: Liability of Players
11.1- Players are free to participate in the Competition or otherwise. They are personally responsible for the use of the Game as well as the information provided in particular in connection with the creation of their Account.
11.2– The Players shall indemnify and hold harmless Million Victories against any damage suffered by it and against any liability action brought against it on the basis of any breach of the Rules and/or any right of a third party. In the event of gross fraud, Million Victories agrees to provide all necessary information to the competent bodies responsible for combating said fraud and offences.
11.3- In the event that the Players breach any of their obligations under the Rules and in particular those set out in Article 10 herein, Million Victories reserves the right to delete the Player’s Account without prior notice, under the conditions of Article 15 of the Rules. This deletion shall take place without prejudice to any damages that Million Victories may claim as compensation for any loss suffered as a result of such breaches by the Player.
Article 12: Million Victories liability – Guarantees given by Million Victories
12.1.1- Use of the Game and participation in the Competition are at the Players’ risk.
The Players are solely responsible for using the Game and securing their computer network and backing up their data.
The Players act under their sole responsibility in their relations with third parties in connection with the use of the Game and their participation in the Competition.
12.1.2– Million Victories cannot be held liable:
- for any loss suffered by the Players in connection with abnormal use of the Game, and in particular in the event of a breach of the General Terms and Conditions of Use, the Rules and/or the provision of false or erroneous information by the Players;
- for direct or indirect damage, losses or costs, resulting from the Competition, the use of the Game, or the impossibility of using it, or any malfunction, interruption due to maintenance, technical failure of the server or linked to an interruption of Internet access or for any other cause, a virus, or a line or system problem;
- for any damage to the Players’ computer system, loss of data, or any other damage that may result from the Competition or the use of the Game by the Players.
Furthermore, Million Victories denies all liability to the Players, to the maximum extent permitted by the laws in force applicable in France, for:
- any indirect damage that may be caused to him/her, or any loss of data that the Players may suffer;
- any loss or damage that they may suffer, in particular due to:
- any change that Million Victories may make to the Game in general;
- the failure of the Players to provide Million Victories with information concerning their Account;
- access to or use of or inability to use or access the Game generally;
- the inability of the Players to keep a password or information provided as part of their registration for the Competition secure and confidential.
In any event, Million Victories shall not be held liable and shall under no circumstances be held liable (i) in the event of maintenance or updating of the Game temporarily preventing its access, (ii) in the event of any inability to access the Game due to the failure of the Player’s internet or network connection.
As a user of technologies or infrastructures developed and provided by third parties, Million Victories cannot guarantee that the Game shall be completely uninterrupted, incident-free and offer a flawless level of security. The connection service involves the use of technical structures and infrastructures owned by third parties, on which rights of use and passage have been acquired, and for which the management and administration cannot bind Million Victories. Million Victories shall take all reasonable measures, in accordance with the state of the art, on the day of the occurrence of a possible incident, to try to remedy as quickly as possible any fault that may be attributable to it (interruption, error, etc.) and shall implement all appropriate means at its disposal within the limit of its financial resources, in order to prevent such malfunctions.
Million Victories endeavours to provide accurate and timely information about the Game and the Competition, unintentional technical or factual inaccuracies and typographical errors may occur. Million Victories reserves the right to make corrections and changes to this information at any time, without notice.
PLAYERS ARE AWARE OF THE NATURE OF THE INTERNET, IN PARTICULAR ITS TECHNICAL PERFORMANCE AND RESPONSE TIMES TO VIEW, QUERY OR TRANSFER INFORMATION.
PLAYERS UNDERSTAND AND AGREE:
- THAT THE GAME IS MADE AVAILABLE TO THEM AND ACCESSIBLE “AS IS”;
- IT IS THEIR RESPONSIBILITY TO TAKE ALL APPROPRIATE MEASURES TO PROTECT THEIR DATA AND/OR SOFTWARE FROM CONTAMINATION BY ANY VIRUSES CIRCULATING THROUGH THE GAME AND/OR THE TOOLS SET UP FOR THE COMPETITION (SERVERS, ETC.);
- IN PARTICULAR, MILLION VICTORIES DOES NOT GUARANTEE:
- THAT THE GAME AND/OR COMPETITION SHALL MEET THE EXPECTATIONS OF THE PLAYERS;
- THAT THE GAME AND/OR COMPETITION SHALL OPERATE WITHOUT INTERRUPTION, SECURELY OR WITHOUT OPERATING ERRORS DURING THE COMPETITION.
No information or advice provided by Million Victories to the Players in connection with the Competition and/or the use of the Game shall be considered as the granting of a guarantee. Million Victories rejects all representations and warranties, explicit, implicit, tacit or legal, which are not expressly stipulated in the Rules.
Article 13: Personal data
In accordance with French Law No. 78-17 of 6 January 1978, as amended, on information technology, files and freedoms, known as the “French Data Protection Act”, and Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, Players are informed that Million Victories automatically processes their personal data for the purposes of using the Game and organising the Competition.
This data may be transmitted to subsidiaries and/or companies controlled by Million Victories as well as to its business partners and subcontractors who contribute to the management, implementation and processing of personal data.
Each Player has rights of access, modification, rectification, limitation, portability and deletion of data concerning him/her, as well as a right to object. To this end, please contact the support department by email at the following address: email@example.com. It is recalled that with regard to the corrections and updates of data relating to their Account, the Players may directly make the necessary changes and deletions in their own Account.
Article 14: Duration and termination of the Rules
Access to and use of the Game in the context of the Competition is valid for a fixed duration expiring on 20 May 2021 from the date of the registration of the Player in the Competition unless terminated in accordance with the procedures provided for below.
14.2– Termination of the Rules
14.2.1- The Rules are valid and apply as long as the Players take part in the Competition.
14.2.2- Million Victories may at any time automatically terminate the Rules binding it to the Players, without notice, in the following cases:
- If the Players do not comply with any of the terms of the Rules or the General Terms and Conditions of Use or the Code of Conduct;
- Million Victories is bound by the law or the Rules.
Such termination may, in the discretion of Million Victories, result in the deletion of the Player Account by Million Victories and shall entail the same consequences as those provided for in Article 15 below.
Million Victories also reserves the right to temporarily block access to the Game and/or the Competition for Players who have committed a breach of the Rules and/or the General Terms and Conditions of Use and/or the Code of Conduct.
Article 15: Account deletion
15.1– The Player’s Account remains active as long as he/she is registered for the Competition.
Once Million Victories blocks him/her, access to the Game and the Competition is deactivated.
15.2– In the event of non-compliance with the obligations arising from the Rules, the General Terms and Conditions of Use, the Code of Conduct and the provision of erroneous information when creating the Account or acts likely to harm the interests of Million Victories, the latter reserves the right to delete the Player’s Account without any damages being claimed.
Article 16: Intellectual property and elements of personality
16.1– Million Victories grants the Players, on a personal basis, the non-exclusive and non-transferable right, free of charge, to use the Game and any associated software in the context of the Competition, it being specified that they are prohibited—directly or indirectly—from copying, modifying, creating a derivative work, reverse engineering the design or assembly or in any other way attempting to obtain the source code (with the exception of cases provided for by law), selling, assigning, sub-licensing or transferring in any way whatsoever any right relating to the Game or the associated software.
The Players undertake not to modify in any way the Game or the related software and/or to refrain from using modified versions thereof and in particular (without this list being exhaustive) with a view to obtaining unauthorised access to the Game. In particular, the Players agree not to access the Game and/or the Competition by any means other than that authorised by Million Victories.
The Players are informed and acknowledge that the Game and any software used in connection therewith may contain confidential information or information protected by current intellectual property law or any other law. The Players undertake not to modify, rent, borrow, sell or distribute this content or create derivative works incorporating all or part of this content, unless they have first received the express authorisation of Million Victories.
The Game contains in particular texts, images, brands, logos, graphics and animations that are the exclusive property of Million Victories (hereinafter “Intellectual Property”) and the use of the Game in the context of the Competition and outside it shall not result in any assignment and/or concession of all or part of the intellectual property rights of Million Victories.
The Intellectual Property is made available to the Player, free of charge, for the sole duration of the Competition as provided for herein and in the context of normal use of the functionalities of the Game.
This authorisation to use the Intellectual Property is personal, non-exclusive and non-transferable. Million Victories may revoke this authorisation to use the Intellectual Property at any time.
The Players are prohibited from—directly or indirectly—copying, modifying, creating a derivative work, reverse engineering the design or assembly or in any other way attempting to find the source code (except as provided for by law), selling, assigning, sub-licensing or transferring in any way any right relating to the Intellectual Property. The Player undertakes not to modify the Intellectual Property in any way.
In the event of non-compliant or abusive use of the Intellectual Property, Million Victories reserves all rights to stop the infringement of its intellectual property rights and delete the Player Accounts under the conditions of Article 15 herein.
16.2– Million Victories may upload editorial content or illustrations or videos from the Competition, which are protected by the laws relating to intellectual property and in particular copyright and which are the exclusive property of Million Victories.
In the same way as for the Intellectual Property, the Players undertake not to copy, modify, use, sell or distribute this content or create derivative works incorporating all or part of this content, unless they have first received the express authorisation of Million Victories, which owns the Intellectual Property rights relating to this content.
16.3– In any event, any intellectual property rights relating to works resulting from the use of the Game in connection with participation in the Competition (hereinafter referred to as the “Contributions”), shall be assigned by the Player to Million Victories, exclusively, as and when they are created, for the legal duration of the copyright and related rights, including any extensions or renewals, for the entire world, from the Player’s registration in the Competition.
The assigned rights include in particular:
- The right to reproduce the Contributions as well as any changes and updates thereto, in whole or in part, by any means and in any form, on any media known or unknown to date, and in particular:
- the right to incorporate the Contributions in whole or in part into any greater whole;
- the right to upload and download, display, implement, transmit and/or store the Contributions on any media;
- the right to make or have made any arrangement, update, adaptation, transformation, correction, evolution and, in general, any changes to the Contributions;
- the right to reproduce the results of any of these operations, with a view in particular to their use, exploitation and distribution on all existing or future equipment;
- the right to make any copy of the Contributions and documentation, in any number of copies that the Million Victories may desire, by any process, and on any media (in particular digital, CD, CD-ROM, DVD, etc.);
- the right to market for consideration or free of charge, the right of distribution, including the right to rent, sell and lend one or more copies of the Contributions, by any process, known or unknown to date; the right of reproduction for any implementation of the rights referred to hereafter.
- The right to display, market, disseminate and to make available to the public the Contributions and their developments, in the broadest possible manner, by any means known or unknown to date (in particular streaming, webcasting, or other audio, video or audio-video broadcasting) and in particular by broadcasting on all online telecommunications networks such as the Internet (on any communication platform, etc.), Intranet, digital television, any satellite networks and, in a general manner, by any vectors or networks;
- The right to display the Contributions in all places accessible to the public and in all private places;
- The right to use the Contributions for demonstration, promotion and advertising purposes, for all the rights referred to herein, associated with all trademarks;
- The right to adapt and modify the form of the Contributions;
- The right to make or have made any new creative work based on the Contributions, used in whole or in part, modified or not by the Customer or by third parties designated by the Customer;
- The right to assign, or grant to whomsoever it sees fit, licences and/or any rights over the Contributions, and/or any rights relating thereto incorporating all or part of the Contributions.
The Player may have cause to create Contributions not yet determinable on the date on which this agreement is entered into, and, in addition, intended to be incorporated into works not yet determined on the date on which this agreement is entered into.
With regard to Contributions that may be protected by intellectual property rights, Million Victories and the Player have taken into account Article L. 131-1 of the French Intellectual Property Code and recall that regardless of the status of the work, Million Victories is the sole owner of all rights over these Contributions and/or works, as and when they are created during the implementation of the Rules, either as a result of the legal provisions or the terms provided for herein.
In any event, the Player undertakes to confirm ownership of Million Victories’ rights over any Contribution in writing at Million Victories’ first request.
Insofar as the bases for calculating proportional remuneration cannot be determined with regard to the assignment of rights to the Contributions, the Parties agree that free access to the Game and the Competition constitutes the fixed and final consideration for this assignment.
Million Victories and the Player agree that the Player may not claim any additional remuneration in the event of the use or distribution of the Contributions, and that with regard to Contributions that may be protected, the Player assigns all copyright thereto and that the principle of proportional remuneration is expressly excluded, in accordance with article L.131-4 paragraph 2 of the French Intellectual Property Code.
The Player represents that it does not wish to avail itself of any moral right it may hold over the Contributions.
Termination of the Agreement for any reason whatsoever shall have no effect on the provisions of this clause, which shall remain in force between the Parties, without the Player being able to claim any compensation.
16.4– Finally, in a general manner, the Players authorise Millions Victories free of charge to use their images, logos, pseudonyms, visuals, game data and more generally any distinctive sign belonging to them or over which they hold rights and authorisations for the exploitation referred to in Article 16.3 and for the purposes of communicating and promoting the Game and the Competition. Million Victories may, in its discretion, make an audio-visual recording of the Competition in order to broadcast live or deferred extracts of the Competition on any broadcast media of its choice and in particular on online communication services (in particular on the Internet and platforms such as Twitch, YouTube, etc.). This authorisation is granted to Million Victories for the duration of the Rules and for a period of five (5) years from the end of the Rules for any reason whatsoever.
Article 17: Miscellaneous
17.1– The Rules constitute the entire agreement between the Players and Million Victories regarding the use of the Game in the context of the Competition.
17.2– In a general manner, if one or more provisions of the Rules are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision by a competent court, the other provisions shall retain their full force and effect, and shall remain valid and applicable. The same principles shall apply in the event of incomplete provisions.
17.3– The fact that Million Victories does not avail itself, at a given time, of any of the provisions of these Rules, may not be interpreted as a waiver of subsequently asserting any of these terms and conditions.
Article 18: Governing law
The use of the Game in connection with the Competition is subject to French law. The validity, performance and interpretation of the Rules are also subject to French law.
As the Competition is global, Million Victories shall provide official translations of the Rules. In the event of a conflict between the French version and any translation of the Rules, the French version shall prevail.
For any difficulty and/or question about the Game and/or the Competition, the Players are invited to contact Million Victories in order to try to find an amicable solution, by sending an email to the following address: firstname.lastname@example.org
Million Victories plans to organise an online video game competition from 18 to 20 May 2021 provisionally or definitively entitled “Million Lords: Legendary contest” (hereinafter referred to as the “Competition”) based on a simplified version of the strategy game it created and publishes entitled “Million Lords” (hereinafter referred to as the “Game”).
During registration and during the Competition, users (hereinafter referred to as the “Players”) are required to communicate personal data.
The Game complies with French and European standards relating to the protection of privacy and personal data and in particular French Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, as amended by Law 2004-801 of 6 August 2004 and European Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Article 1: Data Controller
The Data Controller is Million Victories, a société par actions simplifiée (simplified joint stock company under French law) with share capital of €65,850.00, entered on the Lyon Trade and Companies Register under number 830 912 051, whose registered office is located at 75 rue Francis de Pressensé 69100 Villeurbanne, France (hereinafter referred to as “Million Victories”), which publishes the Game and is organising the Competition.
Article 2: Nature of the data collected
The data collected during registration and/or during the Competition are those enabling Million Victories to identify the Players directly or indirectly.
This may include personal data such as surname, first name, pseudonym, email address, date of birth, country of residence, photographs or login data (such as IP address) and/or browsing data such as cookies.
Players are not authorised to communicate the personal data of a third party.
Article 3: Purposes of collection
The personal data collected during registration and/or during the Competition are used for the following purposes:
Registering and authenticating the Player;
- Analysing the Player’s Account;
- Creating the Player’s Account;
- Enabling the Player to update his/her Account on the Game;
- Allowing the Player to use the Game and participate in the Competition;
- Improving the Player’s experience;
- Securing the Game and combating fraud;
- Allowing Million Victories, if necessary, to contact the Player;
- Allowing Million Victories to send the Player newsletters and communications for commercial purposes;
- Allowing Million Victories to collect the Player’s comments.
Furthermore, Million Victories may also use the data to fulfil, where applicable, its legal and/or regulatory obligations.
Article 4: Time of collection
The data collected by Million Victories is freely communicated by the Player.
It may also be collected automatically when using the Game, in particular when the Player:
- creates or modifies his/her Account on the Game (data on the name of the mobile device or tablet, on the device’s operating system may be collected by Million Victories, etc.);
- modifies his/her geolocation data being automatically indicated;
- subscribes to the electronic newsletter and/or commercial communications of Million Victories and its business partners;
- sends a request to Million Victories via the contact email address.
Million Victories may also automatically collect connection and identification data linked to “Android Google Play” and “Apple App Store” from its partners such as Facebook and Google. Therefore, Million Victories may make a request to Facebook and/or Google to use data from the Players’ Facebook and/or Google account, particularly when the Player chooses to use his/her Facebook or Google account to access the Game and/or the Competition. For more information about these authorisations, Players are invited to refer to the privacy policies of Facebook and/or Google.
Article 5: Information
If the Player wishes to withdraw his/her consent, he/she only has to go to his Account from the Game and request the erasure of his/her data so that Million Victories can no longer process his/her personal data relating to his/her Account.
Article 6: Recipients of Personal Data
The recipients of the personal data collected on the Game are first and foremost Million Victories.
Other recipients may have access to the personal data. These are, where applicable, the resource providers in charge of the Game and Competition (administration, support, marketing, legal, etc.) and external providers (technical service providers, access providers, communication agencies, etc.) of Million Victories. The list of recipients may be consulted at any time at the request of the Players.
It may also include partners wishing to have data on the Players.
In the context of a change of control of Million Victories, an acquisition, insolvency proceedings or a sale of the assets of Million Victories, the data collected by Million Victories may be transferred to third parties.
If required by law, the Player’s consent shall be obtained or a possibility of refusal shall be provided for before any data is transmitted.
Article 7: Rights of the Players
In accordance with French Law no. 78-17 of 6 January 1978 on information technology, files and freedoms, amended by Law 2004-801 of 6 August 2004 and European Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Player has:
- a right of access to his/her personal data;
- a right to rectification of personal data;
- a right to the erasure of personal data;
- a right to object to the processing of personal data;
- a right to restrict the processing of personal data;
- a right to data portability.
Any Player wishing to assert one of his/her rights may send his/her request by email or by post to the following addresses:
- Postal address: Million Victories SAS, 75, rue Francis de Pressensé 69100 Villeurbanne, France;
- Email: email@example.com.
If one of these rights is exercised, the Player must send Million Victories the information necessary for his/her identification: surname, first name, email and possibly his/her postal address. Furthermore, pursuant to the regulations in force, his/her request must be signed, accompanied by a photocopy of an identity document bearing his/her signature, specify in detail the right he/she wishes to implement as well as the address at which he/she wishes to receive the response in the event of the implementation of one of the rights listed above.
Million Victories then undertakes to respond within a maximum period of one (1) month following receipt of the Player’s complete request.
Due to the complexity of the request and/or the number of requests, this period may be extended to two (2) months provided that Million Victories informs the Player within one (1) month of receipt of his/her request of the reasons for the delay.
If Million Victories does not comply with the request made by the Player, Million Victories shall inform the Player no later than one (1) month of receipt of the request of the reasons for its inaction.
Million Victories informs the Players of their right to lodge a complaint with the CNIL.
Article 8: International transfers
Million Victories hereby informs Players that their personal data may be transferred to countries that do not provide a sufficient and appropriate level of data protection. Where applicable, Million Victories undertakes to carry out transfers in accordance with current European standards, in particular by signing standard contractual clauses with the recipients of the data or by ensuring that the latter comply with binding corporate rules (BCR).
Article 9: Storage period
Any deletion of his/her Account by the Player shall result in the automatic deletion of all personal data relating to and linked to this Account, without it being retained by Million Victories, except with regard to data that Million Victories would need to retain as evidence, for legal or administrative purposes or in accordance with the legislation in force.
As an exception to the paragraph above, Players are informed that:
if the Account is deleted at the initiative of Million Victories for breach by the Player of his/her obligations, as described in Article 15 of the Rules, Million Victories reserves the right to retain for a period of five (5) years the email address and the elements enabling the identification of the Player, so that the latter cannot recreate an Account;
cookies are retained for a maximum period of one (1) year after their first recording in the Player’s terminal equipment.
Article 10: Links
On the Game and/or on the Competition server, the Player may have access to various links directing him/her to third-party sites.
Million Victories shall not be liable for links posted by advertisers or the privacy policies of such third parties.
Article 12: Governing law
Version of April 1st, 2021.