Last Updated: 8 February, 2024
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING. IT IS ILLEGAL TO GIVE ANY ADVANTAGE TO BUYERS IN A
CONTEST.
“Contest” or “Competition”: for the purpose of the following Rules, means a procedure for distributing the Prize by specific selection process. No payment is required to enter or win the Contest.
Preamble
These terms and conditions (hereinafter the “Rules”) apply to the Contest organized by Mundfish. By participating in the Organiser’s Contest, the Participant will have to agree that he will be legally bound by these Rules. Failure to comply with these Rules will automatically render your entry to the Contest as void.
The Organiser may withdraw or amend any part of this Rules at any time by posting an anouncement on Organisers X account https://twitter.com/mundfish (“Account”).
Any reference to the “Game” in these Rules is the reference to the single-player computer downloadable action RPG game under the title “Atomic Heart”, in each case including all editions, updates and versions.
The Rules will be available online after the end of the Contest for 10 calendar days, after that the Organiser has the right to remove the Rules from public access.
The Contest is organized by Slimao Limited, a company incorporated under the laws of Cyprus, known as Mundfish (“Organiser”).
Unless expressly stated in Account, the Contest is open only to residents of the following countries: THE UNITED STATES, CANADA (EXCLUDING QUEBEC), AUSTRIA, BELARUS, BELGIUM, BULGARIA, CROATIA, CZECH REPUBLIC, DENMARK, EGYPT, ESTONIA, FINLAND, FRANCE, GERMANY, HUNGARY, ICELAND, ISRAEL, ITALY, KAZAKHSTAN, LATVIA, LITHUANIA, LUXEMBOURG, MALTA, NORWAY, POLAND, ROMANIA, SERBIA, SLOVAKIA, SLOVENIA, SOUTH AFRICA, STATE OF QATAR, SWITZERLAND, TUNISIA, TURKEY, THE UNITED KINGDOM, UKRAINE, HONG KONG, SOUTH KOREA, MACAU, TAIWAN AND THAILAND.
The Contest is open to any person over 18 years old (the “Participant”), excluding residents of countries where language translation of these Rules is required, where publication and bounding of promotions is required, and where the Contest is restricted or prohibited by law otherwise.
The Organiser, its employees and their immediate families, participating agents and their associated companies, their employees and their immediate families, are ineligible to enter.
The Organiser reserves the right to verify the validity of entries and to disqualify any entry which, in the opinion of the Organiser, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, any content which infringes the rights of another person (including intellectual property rights or rights of privacy or confidentiality), disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Rules or who has, in the sole opinion of the Organiser, engaged in conduct in relation to the Contest which is unlawful, fraudulent, misleading, deceptive, improper or generally damaging to the goodwill or reputation of the Contest and/or Organiser. The Organiser reserves the right to disqualify a winner if the Organiser becomes aware that the winner and/or the winner’s entry is of a type described in this clause. Incomprehensible, incomplete and/or otherwise indistinguishable entries will be deemed invalid.
The Contest is open on X (formerly known as Twitter). The message announcing the Contest will be published on the Organiser’s official X Account (“Contest Message”).
The following requirements apply to all Participants:
a. Comply with the instructions and requirements provided in these Rules;
b. Comply with the X rules;
с. Follow the official X Account of the Organiser;
d. Reply to the Contest Message and attach Contest Image (or Contest Images) no later than by the End of the Contest.
e. Keep the X account open so that the reply to the Contest Message be visible to any X user with the possibility to send a private message from the Organiser's Account (the "Protect posts" button must not be active);
f. Do not delete, protect or otherwise make the reply to the Contest Message unavailable until the end of the Contest.
For the purposes of these Rules the “Contest Image” is the picture made using the in-Game photo mode (photo editor), and corresponding to the Contest Image category/categories specified below. The competition image can be improved/supplemented with effects using external photo or graphic editors, but they cannot be used to change the composition itself. Also, images directly taken from cutscenes cannot be used.
For “Atomic Photo” category the Participant shall attach Contest Images made in the original Atomic Heart Game and Contest Image made in the first additional downloadable content (DLC 1);
For “Limbo shot” category the Participant shall attach Contest Image/Contest Images, made exclusively within the Limbo world in the original Atomic Heart Game and/or the second additional downloadable content (DLC 2).
The Participant may attach up to 4 Contest Images for each category. If the Participant provided more than 4 Contest Images, then only 4 latest Contest Images will be reviewed by the Contest jury.
Start of the Contest: 2024-02-08 (5 PM CET)
End of the Contest: 2024-02-22 (5 PM CET)
Selection of the winners period: 2024-02-22 – 2024-02-29.
The Organiser reserves the right to change the duration of the Contest and selection of the winners period at the Organiser’s sole discretion without any notification.
The use of any automated entry software or any electronic means that permits any person to enter the Contest repeatedly is prohibited. The Organiser reserves the right to disqualify the Participant / winner if the Organiser becomes aware of the violation of this rule.
The Participant must be the follower of the Organiser’s Account, and reply to the Contest Message made in accordance with clauses (d), (e) and (f) of the entry requirements shall be available at the time of selection of the winner and publishing the winner notification.
Any Participant shall provide accurate and complete information when participating in the Contest. The Organiser reserves the right to verify the validity of any entry, and to reject any entries that are incomplete or otherwise deficient.
Accordingly, the Organiser may request a winner, before presenting the award or prize, to provide proof of their identity and residence information.
After the end of the selection of the winners period the Organiser will publicly announce the list of winners.
Selection of the winner process:
1) Winners are selected by a Contest jury represented by Artem Galeev (Mundfish Art Director) and Mik Bromley (TheFourthFocus website Chief Editor). Only those Participants who have complied with all the terms and conditions of the Contest are eligible to be selected as a winners;
2) The public announcement of the list of winners takes place after the end of the selection of the winners process;
3) The Organiser shall contact the winners via private messages on X within 7 days after the public announcement of the list of winners. The winners must provide the possibility to send them private messages;
4) The winner must claim the Prize and communicate their personal delivery address within the territory of countries listed in section 3 (Entry) of these Rules by private message to the Account within 7 days of the date of notification. The Prize will be sent to the winner through standard shipment within two weeks after the winner has claimed his Prize, or as soon as the Prize is available. The delivery might take up to several weeks to arrive depending on the country of the winner. Specific delivery options shall be detailed by email or by message in X to the winner. Should the winner fail to respond or claim the Prize within 7 days of the date of notification or if the Prize notification is returned as undeliverable, potential winner will be disqualified, his Prize will be forfeited and a new draw will be held in accordance with this section.
The Prizes for each category are:
1 place: Artbook with autograph, branded steel poster, branded puzzle;
2 place: to be announced separately, if additional winner taking the second prize place if announced;
3 place: Discord Nitro/Steam gift card, to be provided if the additional winner taking the third prize place is announced.
Number of winners: 2 persons (1 winner in each category). In the event of substantial interest in the Contest, additional winners taking the second and the third prize places may be announced, but the total number of winners shall not exceed 6 persons.
The Organiser, at its discretion, reserves the right to substitute the Prize with a prize of equal or greater monetary value where the circumstances require such (notably but not limited to the case where custom taxes and other charges pertaining to the Prize delivery are unreasonably expensive for the Organizer). Nevertheless, the Prize cannot be given in monetary value.
Taxes and all other charges, costs or other expenses associated with the receipt or use of the Prize are of the sole responsibility of the winner.
Without limiting any other section of these Rules, it is a condition of accepting the Prize that the winner: a) must comply with all entry requirements and the Prize supplier’s requirements; and b) may be required to sign a legal release in a form determined by the Organiser in its absolute discretion; and c) expressly accepts that the Organiser has the right to publicize the names, characters, likenesses or voices of any entrants to the Contest.
The Organiser makes no warranty or representation as to the Prize and is not liable for any technical difficulties, due to reasons not attributable to the Organiser, including but not limited to manufacture defects, model incompatibility, and restrictions imposed by the manufacturer.
To the extent permitted by law, the Organiser, its officers, employees, agents,
representatives and related bodies corporate shall not be liable for any claims, costs,
expenses, personal injury, death, loss (including loss of opportunity) or damage whatsoever
(including but not limited to indirect or consequential loss or damage) suffered, sustained
or incurred (including but not limited to arising as a result of any negligent act or
omission) as a result of, or arising out of, or in any way connected with:
a. the Contest (including participation or attempted participation in the Contest);
b. the Prize (including use or attempted use of the Prize and/or assembly or attempted assembly of the Prize);
c. any technical difficulties or equipment malfunction (whether or not under the Organiser ’s control), notably impeding access and/or registration on X accounts, and/or to complete the requirements for participation, and more widely to participate in the Contest;
d. any theft, unauthorized access or third-party interference;
e. any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Organiser);
f. any Prize that is late, lost, damaged or misdirected in transit; and/or
g. the non-compliance with the X terms and conditions.
Without limiting these Rules, the Organiser is not responsible for any incorrect or inaccurate information, either caused by the Participant or for any of the equipment or programming associated with or utilized in the Contest, or for any technical error, or any combination thereof that may occur in the course of the administration of the Contest. If for any reason the Contest is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any causes beyond the control of the Organiser, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Contest, the Organiser reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Contest, subject to any direction given under state regulations as applicable.
In any case, neither the Organiser nor any other person or party associated with the organization of this Contest shall be liable for any indirect loss or damage whatsoever or any loss of profits suffered in connection with any Participant's participation in this Contest.
Pursuant to laws in force governing literary and artistic property, reproduction and representation in whole or in part of the elements comprising the Contest are strictly prohibited. All brands and trademarks cited are the sole property and or are registered by their respective owners.
The Organiser is collecting and processing the Participant’s personal information for the purposes of conducting and promoting the Contest (including but not limited to determining and notifying winners). The Participant’s personal information (full name, postal address, social media names) may be disclosed to representatives and agents acting on behalf of the Organiser or assisting the Organiser in the administration or promotion of any Contest, including Prize suppliers and deliveries.
Entry is conditional on providing social media names. Participants consent to the Organiser using the Participant’s personal data for a period no longer than 2 months after the end of the Contest for the purpose of the administration, promotion and organization of such Contest only.
All personal data collected in the framework of the Contest shall be processed by the Organiser as data controller pursuant to the EU General Data Protection Regulation of April 14th, 2016 (hereinafter referred to as the "GDPR").
Pursuant to the GDPR, each Participant has, among others, rights of access to and rectification or erasure of their personal data and to restrict or object to its processing, as well as the right to data portability, which they can exercise at any time by making a written request to the following address: [email protected]. Participants also have the right to lodge a complaint about the processing of their personal data with the competent supervisory authority. Where the processing of personal data is based on consent, Participants have the right to withdraw their consent at any time.
For more information about how the Organiser may process Participant’s data and all rights associated to it, please refer to Mundfish Privacy Policy, which can be accessed at https://mundfish.com/copyright/.
The Organiser reserves the right to cancel or postpone the Contest without liability upon the occurrence of events or circumstances beyond its control. The Organiser is entitled to disqualify and to take such other action as may be appropriate, any Participant or winner who, in Organiser’s reasonable view, has or may have tampered or interfered with the entry process, violated these Rules and/or Specific Terms, or acted in an unsportsmanlike or disruptive manner. All Organiser’s decisions relating to the Contest and/or the award of prizes are final, and no correspondence will be entered.
Under no circumstances shall the Organiser be held liable if the Participant does not comply with any restrictions with respect to the Contest imposed by local laws.
These Rules and any rights and obligations arising out of these Rules shall be governed by the England and Wales law.
