General Terms and Conditions for the “Where’s my Lamborghini?” Mobile Game
Effective date 14.02.2021
“Where’s my Lamborghini?” is a combination of a mobile Game and TV Format created and organized by GP Game Productions Oy
1. Acceptance
These “Where’s my Lamborghini?” (“WIML”) Service Terms together with the Privacy Policy govern your use of the Game application, service, Web sites and software where you accessed these terms (collectively "Service").
By the initial registering for or using the Service or any portion of it you accept these “WIML” Game Rules, Terms & Conditions, Privacy Policy, all other additional terms, guidelines and policies that may be published from time to time within the Service (collectively “Terms”).
These Terms together with the Privacy Policy constitute an agreement between you and GP Game Production Oy, including its affiliates and suppliers (collectively “GP”), defining your and GP´s rights and responsibilities with respect to the Service.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT INSTALL, REGISTER WITH OR ENTER INTO THE GAME, OR USE ITS SERVICES.
2. Eligibility
To use the Service, you must be at least eighteen (18) years of age. However, the eligibility age to participate in TV Show and the Grand Finale event (weekly winner) is 18 years. If you are under eighteen (18) years of age, or at least eighteen (18) years of age but a minor where you live, your parent or legal guardian must accept your registration on your behalf and approve of your use of the Service. Anyone completing the registration must be legally competent. For the avoidance of doubt eligible players below 18 years can play and win daily rewards (if they have the “License to Win” registration) but cannot be appointed as a weekly winner and a finalist in the TV Show and Grand Finale event because of the age rule.
3. Registration and Termination
Game registration
You agree to provide truthful and complete information when registering for the Service and to keep that information updated. Providing misleading information about your identity is forbidden.
When you register, you will create a “WIML” Account with a username and a password generated by the Game engine. You can later change your username and fill in your personal information in our “WIML” Web site service. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service with your username and password. You agree to take due care in protecting your username and password against misuse by others and promptly notify GP about any misuse. Upon first use of the Game, an activation text message will be sent to GP. The creation of a WIML Account will require data transmission. Data transmission costs may apply.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. GP may terminate your registration or restrict your access to certain parts of the Service if there is an indication that you have breached the Terms or with prior notice if you have not signed into the Service with your username in the past six (6) months.
Except as set forth in Privacy Policy, GP shall not be responsible for any removal or loss of the information or content you have submitted to the Service. When information or content is removed from the Service by either you or GP, traces or copies may still remain elsewhere.
4. Licenses
Users of the Service are granted a non-exclusive, non-transferable license, revocable at any time at GP’s sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant you any further intellectual property rights in or to any information or content in the Service.
As part of the Service, GP may provide you with content developed by GP or its licensors (“Content”). You are granted a non-exclusive license to use such Content for the purpose it is intended, unless otherwise defined in the applicable Terms. Some Content may only be available to residents of certain geographical areas. You agree to be bound by any restrictions applicable to specific Content you obtain through the Service. Any license acquired to third-party Content is a binding agreement between you and the third-party Content provider. The third-party Content provider is solely responsible for any Content it provides and for any claims you may have relating to such Content. GP will have the right (and will be deemed to have accepted the right) to enforce such license terms against you as a third party beneficiary thereof. All rights not granted to you for the Content are reserved to the owners of such Content.
As part of the Service, GP may provide you with certain software provided by GP or its licensors (“Software”). Your use of such Software may be subject to separate terms and conditions that you must accept before using the Software. If there are no separate terms and conditions applicable to such Software, the following terms apply: GP grants to you a limited, non-exclusive, non-transferable right to install and use such Software on your mobile device and/or computer. You may not copy the Software, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code (except to the extent that this restriction is expressly prohibited by law) or make derivative works of the Software.
You may submit information or content (“Material”) to the Service. GP does not claim ownership in your Material. Your submission of Material to the Service does not transfer ownership of rights of the Material to GP. GP is only transmitting the Material and has no editorial control over it.
By submitting Material to the Service you grant GP a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute and modify the Material to incorporate the Material into other works, and to sublicense the same, to the extent necessary for GP to provide the Service and as may be further adjusted by you in privacy and other settings of the Service.
5. Using the Service
You agree to:
Comply with applicable laws, the Terms and good manners;
Use the Service only for your personal, non-commercial purposes;
Not submit unlawful, offensive, abusive, pornographic, harassing, libelous or otherwise inappropriate Material;
Obtain any consents, permission or licenses that may be legally required for you to submit any Material;
Respect the privacy of others;
Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses;
Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Service users; and
Agree to be responsible for the consequences of Material that you post.
GP may but has no obligation to:
Monitor or moderate any Material;
Remove any Material from the Service; and
Restrict access to any part of the Service at any time at its sole discretion.
6. Content
Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. GP shall not be responsible for any claims or offence caused or suffered by you accessing such Content.
You agree to:
To use the Content only for your personal, non-commercial purposes.
To use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the Content.
Not to, nor authorize anyone else, make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms. You agree to advise GP promptly of any such unauthorized use.
Not to attempt (or support others) to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or any identifying information associated with it
Not to attempt (or support others) to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content.
Not to give out your username password or allow other people to access the Content. The restrictions on copying that apply to applicable media also apply to the Content accessed as part of this Service.
The Content is owned and/or controlled by GP and/or its respective licensors (“Rights Owners”), and are protected by intellectual property laws. You agree that the Rights Owners are third-party beneficiaries under the Terms and have the right to enforce the provisions that directly concern the Content in which they have rights.
7. Allegations of Copyright Infringement
You may notify GP of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to info@gameproduction.net (b) by a document titled “Copyright Notification” mailed to GP Game Production Oy, Attn: Copyright office, Aleksanterinkatu 21 H 1 A, 00100 Helsinki, Finland; or (c) via the online form, if available. Your notice must:
(1) Identify the original copyrighted work you claim is infringed.
(2) Identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for Nokia to locate the allegedly infringing content on the Service.
(3) Provide your contact information, including your full name, mailing address, telephone number, and email address, if available.
(4) Provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(5) Provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed".
(6) Provide your signature, as applicable.
8. Notices
GP may post notices within the Service. GP or our local partner may also send you notices about their products and services to the email address you have provided us with. You are deemed to have received such notices at the latest within seven (7) days from sending. Your continued use of the Services constitutes your receipt of all notices regardless of the delivery method.
9. Fees
Your use of the Service may be or may become subject to charges.
Game fees and any others fees charged by GP will be announced separately in connection with the Service.
Use of the Service may involve transmission of data through your service provider’s network. The prices listed within the Service do not include possible data transmission charges and your network service provider may charge for such data transmission.
GP assumes no responsibility for the payment of any charges of your service providers.
10. Purchase and Payment Terms
To use the Service, you must have reached the age of legal competence according to the applicable legislation. If you have not reached the age of legal competence, you may use the Service only with the prior consent of your parent or legal guardian.
You agree that all use of Service shall be legally valid and binding. As used here, "use" shall mean the selection of the Content available in the Service accompanied by the entering, sending or selecting the “send”, "buy", "ok" or "I accept" choice in the purchase flow, or other indication of acceptance of your use of Service that is presented to you in the purchase flow. All orders are subject to acceptance by Apple App Store or Google Play.
Any Content purchased through the Service is a binding agreement between you and App Store or Google Play. The Game fees are collected either by a (your) network operator or by a third-party service provider.
You agree to ensure that the instrument of payment is valid at the time of the transaction; that you are the rightful holder of the instrument; and that the instrument is used within its credit limits. You are bound by your usage of Service and you agree to pay for related transactions.
The prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your network provider based on currency conversion rates used and/or additional fees assessed. GP assumes no responsibility for the payment of such or any other third party service fees or charges.
11. Cancellations and Refunds
You agree to the electronic delivery of Content being initiated concurrently with the usage of the Service. You will not be able to cancel your usage of the Service (e.g. sent Game message) once it has been processed. The nature of the Service is such that it cannot be returned and therefore no refunds are available.
12. Feedback to GP
By submitting any ideas, feedback and/or proposals ("Feedback") to GP through the Service or other means, you acknowledge and agree that:
(1) GP may have similar development ideas to the Feedback;
(2) your Feedback does not contain confidential or proprietary information of you or any third party;
(3) GP is not under any obligation of confidentiality with respect to the Feedback;
(4) GP may freely use, exploit and further develop and modify such Feedback for any purpose; and
(5) you are not entitled to any compensation of any kind from GP.
13. Social Activities and Location Sharing
You may use features in the Service to share your location, status or personal information. By using such features you agree that GP may use and provide such information to other services and persons with whom you choose to share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information.
Your location may be determined using any available positioning method in your device, e.g. GPS, assisted GPS (A-GPS) and mobile or WLAN/Wi-Fi network positioning. The use of network positioning and/or A-GPS includes exchanging network based location information and network service provider specific IDs between your device and the chosen network positioning server to establish your location more quickly and reliably. The used location method and other settings may be changed and certain features disabled by changing the settings in your device or service. Please check the privacy policies of your A-GPS server and other potential service providers.
Some features in the Service may enable you to share Content or Materials with other users, sites or services. By using such features you agree not to share Content or Material or to link to any service or site that: (a) contains content or other material that is illegal or inappropriate; or (b) exploits intellectual property rights without authorization or encourages users to piracy.
14. Availability and Technical Requirements
The availability of the “Where’s my Lamborghini?” Game Service may vary and is subject to GP’s sole discretion. GP expressly disclaims any representation or warranty that the Service will be available. The Service is provided only in selected languages and may not be available in all parts of the country as the Service, operations and some features are also dependent on the network, compatibility of the devices used and the content formats supported.
To access the Service, you may need to download a specific piece of software provided by GP or by another party.
GP may, in its sole discretion, change, improve, correct or discontinue the Service or any part thereof. The Service may not be available during maintenance breaks and other times. Because the “Where’s my Lamborghini?” Game Service for the smart phones is executed on IOS or Android platforms, you must ensure that you have the latest device software and applications. Your device checks the availability of software updates from the vendor. If any are available, you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through available software update channels. Vendors may also provide updates to the Software that are considered important or critical by Vendor, in such a case, it may happen that without such installation of the update you cannot continue using the previous version of the Software and or the Service.
15. Dealings with Others
You may interact with other users on or through the Service. You agree that any such interactions do not involve GP and are solely between you and the other user(s).
16. Links to Third Party Sites and Content
GP may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of such sites or services before using such sites or services.
You agree that GP has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published by such sites or services. A link to a third-party site does not imply that GP endorses the site or the products or services referenced in the site.
In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. You agree that GP is not responsible for any such content or links.
17. Advertisements
Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
18. Personal Data
The Privacy Policy and any additional privacy information made available to you govern the use of your personal data.
19. Limitation of Liability
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. GP does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.
Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, GP is not liable for any direct damages caused by your use or inability to use the Service. In no case will GP be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.
20. Indemnification
You agree to defend and indemnify GP from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms; (ii) your infringement or violation of any intellectual property, other rights or privacy of a third party; and (iii) misuse of the Service by a third party where such misuse was made available by your failure to take reasonable measures to protect your username and password against misuse.
21. Miscellaneous
21.1 Choice of Law and Arbitration
Terms shall be governed by the laws of Finland without regard to its conflict of law provisions.
21.2 Validity
The Terms shall neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the validity of the remaining provisions shall not be affected and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of the Terms. If there is any conflict between these “Where’s my Lamborghini?” Game Service Terms and the Privacy Policy, the provisions of these Service Terms shall prevail. The provisions of the Terms that are intended to survive termination of your registration shall remain valid after such termination.
21.3 Changes in Terms
GP may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, GP will provide a separate notice advising of such change.
You are responsible for regularly reviewing the Terms. Your continued use of the Service shall constitute your consent to any changes and modifications.
22. Intellectual Property
The Service and related software are protected under international copyright laws and you are hereby notified that copyrights are claimed by GP. Subject to the Terms, GP retains all right, title and interest in the Service and other properties provided to you or used by you through the Service.
The Service and related software are owned by GP or by a third party and protected by intellectual property laws. You understand and agree that GP has an unlimited copyright to all materials and contents produced by GP. Intellectual property and copyrights means that you are not allowed, nor authorize anyone else, to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the materials or contents, not even part of it, available unless otherwise authorized in the applicable Terms.
23. Assignment
GP may assign its rights and obligations under these Terms to any GP corporate parent, subsidiary or company under common control with GP. Additionally, GP may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
24. “License to Win” and winners
The Players can administrate their usernames “License to Win” (LTW) Service. In order to receive a reward, a player must have an LTW registration. In the LTW, the Player registers his/her name, e-mail address and country of residence. The LTW registration is imperative to ensure that the winners can be identified, and the rewards can be addressed to the right persons. To avoid any misinterpretation, the LTW registration concerns all winner categories - without an LTW registration a player is not entitled to receive or collect rewards.
The game is available in selected countries - United Arab Emirates, Saudi Arabia, Egypt, Bahrain, Kuwait, Lebanon, Morocco, Algeria, Oman, Pakistan and India. You must be eligible to travel to Dubai at short notice and participate in the TV series as a contestant or finalist.
24.1 Daily winners
The daily winners will be solely advised about their wins or casting calls to TV production of WIML TV format by an e-mail message. The rewards are collectable at our Partner stores where the winner will be identified by the unique winner code which is incorporated in the e-mail winner notification. The rewards and casting calls are personal (nontransferable) and the winner can only collect the reward in person. The winner should be prepared to identify him/herself at the time and place for reward collection by valid ID documentation. The term to collect a daily reward is limited to 30 days from the day of winner notification.
For the avoidance of doubt the Game can be played but the rewards cannot be received / collected without the LTW registration.
The daily winner agrees that GP can in its sole discretion freely distribute and broadcast either online or as a postproduction picture or film material on our Web TV and on our Web sites where the winner is exposed. The winner further agrees that GP has the full right to utilize such material in its future businesses at its sole discretion. The winner explicitly agrees that should GP use the above mentioned material for its business purposes, you are not entitled to any compensation of any kind from GP.
24.2 Weekly and Monthly winners
Each week during the Game, the best players of the week/month will be rewarded with the right to attend the casting call of the WIML TV format or Grand Finale event. This right is not transferable to a third party. The Grand Finale is a live reality show where the finalists compete at the Grand Finale. The attendee’s eligibility age at the final is 18 years.
The weekly/monthly winners will be contacted personally by GP ( email). In the event of GP´s failure to get in contact with the weekly winner with the means stated above no later than the 2nd working days after the expiry of the Game period, GP reserves all rights to replace the initial winner with a player with next best result. This short notice time is due to the execution of the final event which will be followed shortly after the expiry of the Game period. In such a case, the initial winner waives all financial and other claims of whatever kind against GP.
The weekly/monthly winner agrees to participate in the final event without exemption and follow the manuscript of the event. Regarding the participation in the Grand Finale event, the weekly/monthly winner agrees and commits to sign a separate agreement stipulating the winner’s and GP’s rights and obligations related to the Grand Finale event. In case the winner disagrees and refuses to sign such an agreement, the winner will lose all his/her rights to compete in the Grand Finale event. If such a case occurs, GP has the full and unlimited right to nominate a new person to replace the winner. Such a person is the player with next best result – he/she will replace the original winner in the Grand Finale event and in such a case, he/she waives all financial and other claims, whatever kind, against GP.
GP will cover the following costs of the winners attending the final event: travel, accommodation and entertainment. The weekly/monthly winner agrees that GP can in its sole discretion freely distribute and broadcast either online or as a postproduction picture or film material on our Web TV and on our Web sites where the winner is exposed. The winner further agrees that GP has the full right to utilize such material in its future businesses at its sole discretion. The winner explicitly agrees that in case GP uses the above mentioned material for its business purposes you are not entitled to any compensation of any kind from GP.
24.3 Winner of the Grand Finale and Winner of the Mobile Game
The winner of the Grand Finale event will be rewarded with a Lamborghini Huracan EVO. The winner will be determined according to the TV Grand Finale format.
As a winner of Grand Finale you agree:
· to participate in our and in the Partners PR activities after the final;
· to accept that the reward car may have been used in promotion events during the Game;
· to pay all charges and taxes that might be involved with the transfer of ownership of the car;
· that the risk of damage will transfer to the winner at the time of hand over of the car;
· undertakes not to sell the car for 12 months’ time and to keep the car insured during that period
· The winner does not have any relationship with TV Channel regarding the main reward (The car) and has no claim to TV Channel.
The original English version of these Terms and Conditions may have been translated into other languages for convenience or any other purposes. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
Entire Terms and Conditions
This document constitutes the entire Terms and Conditions, and supersedes any previous agreements, either oral or written, between the Parties, relating to the subject matter of this Agreement and any other warranty, condition or other undertaking implied by law or custom is expressly excluded to the extent permitted by law. Each party confirms that it has not relied on any other representations, warranty or undertaking which is not contained in this Terms and Conditions and (without prejudice to any liability for fraudulent misrepresentation) no Party shall have any remedy in respect of any other misrepresentation or untrue statement made (whether innocently or negligently) by the other party except to the extent (if any) that a claim lies under this Agreement.