BORDERLANDS

Borderlands 3 Cosplay Contest – PAX Australia 2019
Terms and Conditions

  1. Introduction

    1. The promoter of this Borderlands 3 Cosplay Contest (“Contest)” is Take 2 Interactive Software Pty Ltd t/a 2K Games, (ACN 082 795 337) with its registered office at Suite 12 &16 Upper Deck Jones Bay Wharf 26-32 Pirrama Rd, Pyrmont, NSW, Australia, 2009 (“2K”). All questions regarding this Contest should be directed to 2K at the following addresses:

      Email: adam.perry@2k.com
      Post: Suite 16 Upper Deck
      26-32 Pirrama Road
      Jones Bay Wharf
      Pyrmont NSW 2009
      Australia

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

    1. The Contest is free to enter and is open only to residents of Australia and New Zealand aged 15 years or over and who have a PAX AUS 2019 attendee pass. 2K, its employees and their immediate families, participating agents and their associated companies are ineligible to enter. 2K reserves the right to verify the eligibility of contestants. Where a Winner is aged below 18 years, 2K reserves the right to obtain the consent of that Winner’s parent or legal guardian prior to supplying the Grand Prizes.
    2. To enter the Contest, contestants must register for the Contest at the PAX Australia 2019 event on Saturday 12th October by filling in a registration form during the registration period between 10.30am AEST on Friday, October 11 and 11.45AM on Saturday, October 12 (“Registration Period”) at the 2K Games Cosplay Space, located outside the Wombat Theatre at the Melbourne Convention and Exhibition Centre (MCEC), South Wharf, Australiahttps://aus.paxsite.com/

      3. Contestants will be required to attend the Contest, in their costume, to participate in an on-stage showcase along with other contestants. Any contestant who does not attend the Contest for which they have registered on the specified date and time, will be automatically withdrawn from the Contest. 2K reserves the right to alter the Registration Period (if in 2K’s opinion it is necessary) at any time without notice prior to the end of the Registration Period.

    3. 2K’s decision as to whether a registration has been validly completed and/or successfully submitted before the end of the Registration Period shall be final. 2K accepts no responsibility for any registrations that are lost, stolen, incomplete, illegible, invalid or otherwise unintelligible or that are incorrectly submitted or fail to be successfully submitted by the end of the Registration Period for any reason.
    4. Contestants may withdraw their entry from the Contest at any time following their submission of their entry by not attending the Contest. Contestants may need to verify their identity in order for their withdrawal request to be actioned.
    5. By registering for the Contest, each contestant warrants and represents that: (i) they are at least 15 years old and a resident of Australia or New Zealand; (ii) nothing in their entry (including, without limitation, their username or gamertag) shall be offensive, insulting, defamatory, racist or otherwise objectionable, inappropriate or unlawful; and (iii) nothing in their entry shall contravene the Privacy Act 1988 (Cth) or any duty of confidence owed by them to any third party.
  3. The Contest

    1. The Contest is made up of one round of competition: being an on-stage showcase along with other contestants, to be held from 12.30pm -1.30pm AEST on Saturday, 12th October, 2019 (“Contest Period”) at the PAX Australia event at the Melbourne Convention and Exhibition Centre (MCEC), South Wharf, Australia.

      Contest

      1. During the Contest, a panel of three (3) independent judges will select three (3) contestants who have entered the Contest by registering for the Contest and attended the Contest and who such judges believe represent the best costumes at the Contest (“Winners”). The criteria used to determine the Winners shall be based on the following:

        2. (i) Costume Eligibility:

        • All types of costume may be entered unless otherwise stated; these can be handmade, custom made, purchased or a mixture
        • Costumes can be derived from any character within the Borderlands universe, including Borderlands, Borderlands 2, Borderlands 3, DLC from all Borderlands games, Borderlands: The Pre-Sequel, and Tales From The Borderlands

        (ii) Craftsmanship:

        • Costumes will be judged on quality of finish and how well it is made.
        • Craftsmanship points will only be awarded for handmade elements of the costume or heavily altered elements of a purchased costume or prop undertaken by the cosplayer wearing the costume.

        (iii) Cel shading:

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

        (iv) Character accuracy:

        • Costume must be accurate and true to the character in question; this will include details within the outfit and accompanying accessories
    2. The Winners will receive the applicable prize set forth in paragraph 6.1 below by no later than seven (7) days after the Contest.
    3. The Winners’ names may be published on 2K’s social media channels and will be made available on request in writing to 2K using the contact details set out in paragraph 1.1.
  4. Content Restrictions

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

      1. the entry must not contain material that violates or infringes another’s rights, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
      2. the entry must not disparage 2K or any other person or entity;
      3. the entry must not contain brand names or trademarks of any entity other than the 2K Marks (defined below), which contestant has a limited license to use for the sole purpose of creating an entry in this Contest; and
      4. the entry must not contain material that is racist, offensive, pornographic, vulgar, profane, defamatory, insulting, unlawful, inappropriate or otherwise objectionable.
    2. In the event that an entry provided by a contestant is incomplete, their entry may not be accepted. Any entry sent after the end of the Contest Period will be considered void.
    3. Contestants acknowledge that other contestants may have used ideas and/or concepts in their entry that may have similarities to ideas or concepts included in another contestant’s entry, and contestants understand and agree that they shall not in any way be entitled to any compensation because of any such similarities. 2K’s decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Contest Terms.
  5. Intellectual Property Rights

    1. By submitting an entry to the Contest, each contestant represents, warrants and undertakes that it owns all right, title and interest in and to their entry and that their entry complies with all of the Content Restrictions.
    2. All entries will become the exclusive property of 2K, and none will be acknowledged or returned. 2K shall have the right to edit, adapt and publish or not publish any or all of the entries, and may use them in any media without attribution or compensation to the contestant, their successors or assigns, or any other entity. CREATING AND SUBMITTING AN ENTRY IN THIS CONTEST CONSTITUTES THE CONTESTANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO 2K OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE ENTRY OR ANY DERIVATIVE WORKS CREATED USING THE ENTRY INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS.
    3. BY ENTERING THIS CONTEST, EACH CONTESTANT HEREBY UNCONDITIONALLY AND IRREVOCABLY: (I) WAIVES ANY AND ALL MORAL RIGHTS (IF ANY) WHICH THEY MAY HAVE IN ANY ENTRY IN ACCORDANCE WITH PART IX THE COPYRIGHT, ACT 1968 (Cth) OR ANY SIMILAR LEGISLATION THROUGHOUT THE WORLD. IF UNDER ANY APPLICABLE LAW THE FOREGOING WAIVER IS NOT EFFECTIVE, EACH CONTESTANT UNDERTAKES to 2K THAT: (I) IT SHALL EXERCISE SUCH RIGHTS REASONABLY AND IN A WAY THAT WILL NOT HAVE A MATERIAL ADVERSE EFFECT UPON 2K, THEIR RESPECTIVE PRODUCTS OR SERVICES AND/OR THE EXERCISE BY 2K OF ANY OF THEIR RIGHTS HEREUNDER; AND (II) GRANTS TO 2K ALL PERFORMER’S CONSENTS REQUIRED PURSUANT TO SECTIONS 195AW-195AWA OF THE COPYRIGHT ACT 1968 OR PURSUANT TO ANY OTHER LEGISLATION IN ANY JURISDICTION, TO ENABLE THE EXPLOITATION REFERRED TO IN THESE CONTEST TERMS.
    4. 2K grants eligible contestants a limited, revocable, non-sublicensable, license to use 2K’s artwork, name, trademarks and logos (collectively, “2K Marks”) for the sole purpose of creating and submitting the entry for review and assessment in this Contest. Contestants are not permitted to make any further use of the 2K Marks for any purpose whatsoever. In addition, contestants recognize that all right, title, and interest in the 2K Marks as well as all derivative works created using the 2K Marks shall vest exclusively to 2K, and contestant agrees that he/she has not and will not take any action that might harm or adversely affect such rights. No right, title, or interest in and to the 2K Marks except for the limited license granted to contestant in these Contest Terms is transferred or created. Each contestant further acknowledges and agrees that the 2K Marks are valid and enforceable, and that contestant shall do nothing to challenge the validity or enforceability of the 2K Marks in any forum. contestants agree that the use of the 2K Marks is permitted only for the purpose of making an entry for entry in this Contest, and that any use of the 2K Marks (whether in the entry or otherwise) beyond this scope infringes the rights of 2K and will result in irreparable harm to 2K.
  6. The Prizes

    1. The Winners will receive the following prizes (each a “Grand Prize”): (i) the Winner in third place will receive a cheque for Five Hundred Australian Dollars ($500); (ii) the Winner in second place will receive a cheque for One Thousand Australian Dollars ($1,000); and (iii) the Winner in first place will receive a cheque for Two Thousand Australian Dollars (2,000).  
    2. Nothing in these Contest Terms limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Contest Terms would contravene any statute or cause any part of these Contest Terms to be void (“Non-Excludable Guarantees”). Subject to the limitations in the preceding sentence, all Prizes and all parts thereof are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose), except where prohibited by law. ALL INCOME TAXES ASSOCIATED WITH THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNERS AND THE WINNERS WILL BE REQUIRED TO REPORT AND PAY ANY APPLICABLE INCOME TAXES RELATED TO THE PRIZE.
    3. All taxes and unspecified expenses with participating in the Contest and/or accepting any prizes are the responsibility of each contestant, including but not limited to any travel, accommodation, insurance and/or other costs and/or expenses incurred in connection with the acceptance, use or enjoyment of the Grand Prizes.
    4. The Grand Prizes are not transferable. No substitutions, cash redemptions or cash or credit alternatives will be offered. All taxes and unspecified expenses are the responsibility of relevant contestant.
  7. Limitation of Liability

    1. Participation in this Contest constitutes the contestant’s permission for 2K to use the contestant’s name, residential address, likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by the contestant regarding the Contest or 2K for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.
    2. By participating in the Contest, each contestant agrees to release and hold harmless 2K and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, loss, harm, damage, injury, cost or expense whatsoever (other than as expressly set out in paragraph 7.3 below) which may occur in connection with: (i) their preparation for, travel to, or participation in the Contest; (ii) their possession, acceptance and/or use or misuse of any Grand Prizes; (iii) their participation in any Contest-related activity; and/or (iv) any claims based on: (a) any infringement of any publicity or privacy rights; (b) defamation; or (c) any copyright infringement, trademark infringement or other intellectual property-related cause of action.
    3. Nothing in these Contest Terms shall in any way exclude or limit any of the Released Entities’ liability for any: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by its negligence; (c) any other liability to the extent that such liability may not be excluded or limited as a matter of English law.
    4. 2K reserves the right to cancel or postpone this Contest without liability upon the occurrence of any event or circumstance beyond its control.
    5. 2K may prohibit any contestant from participating in the Contest or winning a prize and/or participating in any future Contest or other promotion conducted by 2K if, in its sole discretion, it determines that said contestant is attempting to undermine or has undermined the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices, has violated these Contest Terms, has acted in an unsportsmanlike or disruptive manner, or has annoyed, abused, threatened or harassed any other contestants, Contest personnel, or 2K representatives.
    6. CAUTION: ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, 2K RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
    7. THE CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
  8. Data Protection

    1. Collection of Information. 2K will be collecting personal data about entrants, which will be collected and held in accordance with 2K’s privacy policy and any applicable laws. Please review 2K’s privacy policy at https://www.take2games.com/privacy/. By participating in this contest, entrants hereby agree to 2K’s collection and usage of their personal information in accordance with that policy and acknowledge that they have read and accepted 2K’s privacy policy.
    2. Each of the contestants and the Winners understand that 2K may disclose their photograph, voice, likeness and/or image, contents of the entry and their name and age for the purposes of marketing the Contest in any media or format now or hereafter known, and/or for any other purpose that is compatible with such purposes, in either case without further compensation (financial or otherwise), permission or notification.
    3. Each contestant understands that 2K has a valid legitimate interest in processing their personal data for the purposes set forth in these Contest Terms.
  9. General

    1. 2K reserves the right, at its sole discretion, to change, modify, add or remove portions of these Contest Terms at any time up to the start of the Registration Period.
    2. If any paragraph or part of a paragraph of these Contest Terms is, or becomes, invalid, illegal or unenforceable, then that paragraph or part thereof shall be deemed to be deleted from these Contest Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Contest Terms.
    3. In the event that any contestant breaches these Contest Terms, such contestant shall be automatically disqualified from the Contest and ineligible to win any prize in connection with the Contest.
    4. These terms and conditions shall be governed by and interpreted in accordance with the laws of New South Wales, Australia. The Courts of New South Wales, Australia shall have exclusive jurisdiction over any disputes arising from these terms and conditions, including the validity and enforceability thereof.