Milestone srl, having its registered office in via Olona 2, 20123 Milan, Italy (Promoter), a company operating in the video games sector, is organising in cooperation with Mattel Inc. having its registered offices in 333 Continental Blvd., El Segundo, CA 90245, USA the “HOT WHEELS UNLEASHED™- DESIGN BATTLE” contest which will take place from 14th January 2022 (00.00 CET) to 14th February 2022 (23.59 CET). The winner will be selected by 28th February 2022. There is no charge for entering the contest.
Mattel, Inc. and its related companies are not sponsors, administrators or endorsers of this contest.
- PURPOSE OF THE CONTEST
The competition aims to collect graphics projects for the customisation of a new livery for the Rodger Dodger™ HOT WHEELS™ car: the winning project, selected by a special committee, will be used by Mattel Inc. for the creation and production of a HOT WHEELS™ Rodger Dodger™ die-cast model (scale 1:64) distributed on the international market starting from December 2022
Under Italian law, regulations governing prize promotions do not apply to this competition, as it falls within the category of cases which are excluded pursuant to subparagraph a) paragraph 1 article 6 of Italian Presidential Decree n° 430/2001, and recognition of personal merit constitutes the “prize” for the creator of the selected work.
- TYPES OF CONTESTANTS
This contest is open to all players of the “HOT WHEELS UNLEASHED™” Videogame released by Milestone, who have a Sony (PS4, PS5), Microsoft (Xbox One, Xbox Series X) or Steam account, regardless of their nationality. Only adults are eligible to enter, in compliance with their country of residence. The contest is void where prohibited by any entrants’ local laws, rule or regulation. Entrants are responsible for verifying any applicable laws and restrictions before entering the Contest.
Each entry may be submitted only by one person: the person who created the project and who will be entitled to recognition of personal merit if the project wins. No bulk, third party or group entries will be accepted.
A participant may submit more than one entry, provided that the same content is not submitted more than once.
Employees of the Promoter and all companies involved in the organisation of this Contest and any person who has a professional relationship with Milestone Srl and/or Mattel, Inc. are not eligible to enter this contest.
- HOW TO ENTER THE CONTEST
There is no fee or charge to enter the Competition.
To participate, between 14 January 2022 at 11:59 pm CET on 14 February 2022, competitors will have to design a graphic for the customisation of the livery of a HOT WHEELS™ Rodger Dodger™ die-cast model using the livery editor present in the video game “HOT WHEELS UNLEASHED™” of Milestone, subject to acceptance of the regulations. More specifically, players must:
- Enter the game menu and go to the section dedicated to the livery editor
- Click on the banner dedicated to this competition;
- Confirm, by opt-in on the next screen, your willingness to participate in the competition and accept these terms and conditions;
- Proceed with the creation of your graphic and finalise it by following the instructions provided on screen (for the applicable requirements and restrictions, see points 4 and 8)
All valid graphics, created in the manner described above and for which the participants have duly accepted the regulations, will be submitted to the judgement of a jury in the manner referred to in point 6).
Participation in the competition is subject to the participant’s acknowledgement and acceptance of these terms and conditions, on the appropriate screen, as described above.
- DESIGN REQUIREMENTS AND EXCLUSIONS
Designs must abide by the following requirements
- The winning livery decoration will be reproduced on the right/left sides and top side of the diecast. Each side must be considered as a “plane”
- For this contest, each plane can have a maximum of 4 colors
- NOTE FOR TOP PLANE. The top plane has 3 areas: hood, roof and trunk. A color on each of those areas will be counted as separate color, even if they are the same color. Example: a simple white stripe running across the hood, roof and trunk would be counted as 3 colors, so the player would only have 1 color left to apply to 1 of the 3 top areas (Remember: only 4 colors per plane)
- The livery may be optimized (adjusted) for production purposes
- The wheels style may not be the same as in the submitted design
The following will be excluded from the contest:
- Designs which in any manner whatsoever violate third party rights, including copyright or other rights, and projects which breach the declarations and guarantees as per article 8 below.
- Designs considered offensive and/or which run counter to public morality and decorum, or which contain content which is defamatory, or which infringes privacy.
- Designs which do not conform with the characteristics required under point 3 above.
- Any designs sent by minors.
- CONTEST PERIOD
Users are entitled to enter – by submitting their own designs – as of 14th January 2022 and no later than 14th February 2022 (“Validity Period”). Any designs sent outside the above period will be rejected.
Winner will be selected and notified by 28 February 2022.
- SELECTION CRITERIA
A Jury – made of members chosen by Milestone Srl and Mattel Inc. – will assess, at its sole and final discretion, all the designs received, selecting those deemed most worthy of merit and interest.
More specifically, up to 100 entries will be selected as “Finalists” on the basis of the following criteria:
- creative use of colours,
A technical commission made of members selected by the Milestone Srl and Mattel Inc. will then evaluate the shortlisted designs selected as “Finalists” and, from these, 1 “Winning Design” and 3 “Reserves” will be selected, on the basis of the following criteria:
- Real usability of the livery design, with regards to production requirements
Should none of the designs received be deemed worthy of merit and interest by the juries described above, no winning design will be selected.
The jury’s opinions and decisions may not be contested and are final and binding. Only the winner will be notified of its selection.
- RECOGNITION AND TRANSFER OF RIGHTS
The jury will decide, in its sole and final discretion, on the best livery design received in accordance with the criteria detailed under point 6.
The winning graphic will be used for the customisation of a HOT WHEELS™ Rodger Dodger™ die-cast model (scale 1:64) that will be marketed worldwide starting from December 2022.
The winner will be contacted via the platform messaging system within 10 days of the selection date and must respond, providing his/her email address, within 2 days of the announcement of the win.
Notification of the win by email will then follow to the address provided, which will contain a specific letter of acceptance and transfer of rights, both to be returned signed, in the manner required, within the strict term of 7 (seven) days from the date of the announcement of the win by email.
By signing the letter of acceptance and transfer of rights, the author of the graphic selected as the winner will assign to Mattel Inc. without any exclusion all the rights of copyright and economic exploitation, for the purposes of the production of the vehicle described above, without time or territorial limits, with express waiver by the author of any and all economic claims against Mattel Inc., the promoter company and their successors in title.
Mattel Inc, having thus acquired the rights to the selected graphic, may, among other things, make adaptations or transformations for the purposes of manufacturing and production, marketing the vehicle, and carrying out any form of distribution to the public, without the author of the graphic being able to make any form of financial claim to the promoter company and its successors in title.
By sending their graphic contribution, each entrant:
- Declares that the entrant is the sole “author” of the graphic and, as such, has the right to financially exploit the work, to make reproductions, modifications, transcriptions and adaptations, as well as transferring to third parties the right to use the originals, copies, or media on which the same is lodged, including through rental or loan or free of charge;
- Declares, in the event of a win, to be willing to transfer the copyright free of charge with express reference to the publication, dissemination and use in any form of the graphic presented, including through its reworking and combination with other graphics by Mattel Inc. It follows that Mattel Inc may use the images in any form and on any media, online and offline, including through reprocessing of the same, indefinitely. Therefore, he/she acknowledges that it is forbidden to use the graphic assigned to Mattel Inc. for commercial purposes.
Failure to sign the acceptance and/or the letter of assignment of the rights will be equivalent to refusal. In case of non-acceptance within the strict term referred to above or in case of refusal or renunciation by the winner, the promoter company will award the victory and the recognition to the author of another graphic among those selected as reserves pursuant to the previous article 6.
Under no circumstances shall participants in this competition announcement, through the use of their own graphic, make claims, for any reason, against the promoting company in relation to the participation in the present competition and/or the potential non-selection of the proposed idea.
- AUTHORISATIONS, DECLARATIONS AND GUARANTEES REGARDING CONTENT
Milestone Srl and Mattel Inc. reserve the right to reject and/or not to take into consideration content created using artwork and images which are deemed offensive and contrary to public morality (violent, vulgar scenes, illegal activities etc), which breach third-party rights in any way, with defamatory content, infringing privacy or breaching copyright.
By submitting their design, participants:
- waive any rights they may have on it and acknowledge that such rights will be granted to the Promoter and that they won’t be entitled to claim any compensation for any future use. Contents must not be subject to any claims of copyright and won’t be returned.
- accept to enter the contest, declaring and guaranteeing that they are the sole creator of the design sent, thereby accepting full and total liability, on any grounds, without exception, with regard to ownership of the work, as a consequence indemnifying the Promoter from and against any and all liability, therefore including direct or indirect loss or damage caused to third parties in the event of any false declarations as to ownership of the work sent.
Also, by entering the contest, every contestant declares and guarantees:
- that the design submitted is original and does not breach any individual’s and/or legal entity’s copyright and/or related rights and/or trademark/trade secrets/image rights or any other usage rights for commercial and/or industrial and intellectual purposes, without exception,
- that it will fully indemnify the Promoter and its successors and assignees and hold them harmless from and against any adverse consequence, including the need for compensation and/or indemnification caused to same as a consequence of breach and/or false declarations and warranties as per this article 8. More specifically, contestants will fully indemnify the Promoter and hold it harmless from and against all such costs, damage, charges, claims for damages and/or indemnification, without exception, as it may be ordered to bear as a consequence of the mere possession and/or use, including for commercial purposes, of the application and, therefore, also for breach of copyright, registered trademarks, patent rights, know-how, rights of invention, images and any other right, including exclusive rights, held by third parties.
The Promoter reserves the right, at its discretion, to suspend or cancel the contest as well as the associated recognition of personal merits, should facts and/or events occur which make it difficult and/or impossible to continue with the contest.
By entering the contest, each contestant hereby authorises the Promoter, should they win, to profit from the winning project for reproduction and commercial purposes, freely granting to the Promoter all rights, without exception, to profit financially, including for commercial purposes and image purposes, from the work, through any form of publicity and/or communication, without any time limits or geographical limits, hereby waiving any and all financial claims against the Promoter and possible successors and assignees. The content must be free of any copyright claim.
- INVALIDITY OF REGISTRATION – FORFEITURE OF THE PRIZE
At any time, the Promoter reserves the right to ask contestants for a copy of their identity documents or other documentation required for ascertaining fulfilment of requirements to enter the contest. Should a contestant refuse to cooperate for any reason, he or she will be excluded from the contest.
In the event of attempted fraud and/or false, inaccurate and/or partial declarations, the Promoter reserves the right to immediately exclude the contestant.
Contestants who are deemed by the Promoter or its agents, in their sole discretion, to have entered the contest using means and instruments which are deemed suspicious, fraudulent or as harmful to the operation of the promotion, will be prevented from taking part and will be unable to benefit from any prize obtained.
Information to be provided pursuant to article 13, European Regulation 679/2016 (known as “GDPR”)
Any personal data provided voluntarily will be processed, primarily electronically and using analysis tools including statistical tools, by Milestone Srl in order to complete every stage of the contest named “HOT WHEELS UNLEASHED™- DESIGN BATTLE”. Furthermore, such personal data will be processed in order to comply with administrative and other compulsory rules in accordance with legislation applicable in Italy by virtue of EU decisions and will be retained for as long as is necessary under these regulations. It is necessary to provide the data requested for the above purposes and failure to provide such data will make it impossible to carry out the administrative tasks relating to the contest and to comply with applicable legislation.
Subject to express consent being granted, the winner’s data will be published on media such as internet and informative and promotional material, both in digital and hardcopy forms.
Retention of data for purposes of administering the contest will be limited to as long as is necessary for carrying out each single step and as required by applicable legislation. Subsequently this data will be anonymized in order to create statistical documentation and the identification data will be erased.
Those authorised to process personal data are the operatives responsible for sales and marketing, the call centre, IT systems and data security.
Pursuant to articles 15 – 21 GDPR, by writing to the data controller at the aforementioned postal address or using the form at the address https://milestone.it/it/contact/, it is possible for data subjects to exercise their right to consult, amend, or erase data and to exercise their right to be forgotten, as well as their right to restrict data processing or object to processing of their data for justified reasons for informative and promotional purposes. In the event that previously granted consent is withdrawn, which may be done at any time, it is agreed that this will not adversely affect the legality of processing based on consent previously granted or on legally permitted mechanisms which are alternatives to consent. It should also be noted that the data subject is entitled to raise a complaint with the data protection authority in order to assert his or her rights. By writing to the aforementioned postal address and compiling the form at the address https://milestone.it/it/contact/ it is possible to request a complete, updated list of data processors.
Milestone’s Data Protection Officer can be contacted by using the support service accessible through the link https://milestone.it/it/contact/; this will analyse requests received and will provide a response, including via the data controller, within the timeframe required by relevant law governing the protection of personal data, EU Regulation 679/2016.
Lastly, you are entitled to request data portability, in other words to receive your data in a structured, widely used, machine-readable format, in order to send it directly to another independent data controller, so that such data may be processed subject to the limits established by the data subject.
- COURT EXERCISING JURISDICTION
Milan Law Court will exercise sole jurisdiction with regard to any disputes arising over these rules.
- TERRITORIAL SCOPE
This contest is governed by Italian law.
Regulations governing Italian prize promotions do not apply to this activity as it falls within the category of cases which are subject to exclusion as per subparagraph a) paragraph 1 article 6 of Italian Presidential Decree n° 430/2001; recognition of personal merit constitutes the “prize” which will be awarded to the winner in accordance with article 7.
- FINAL CLAUSES
These Full Terms and Conditions have been written in Italian: any translation (in English or in other languages) is to be intended as a courtesy translation. In case of inconsistencies between the Italian and the translation version, the Italian version shall prevail.
To the extent permitted by law, the Promoter reserves the right to make changes to these Terms and Conditions,
without prejudice to the rights previously acquired by Participants.
Any changes that may be made to these terms – during the course of the Initiative – will be communicated in advance to participants through the same communication methods used for advertising.
For any questions or doubts regarding this Contest, please contact the Promoter by completing the form at https://milestone.it/it/contact/