RIDE 5 PHOTO JOURNEY – Beyond the Shots CONTEST
Initiative excluded pursuant to Article 6 paragraph a of Presidential Decree 430/01
The company Milestone srl, with registered office in Milan via Olona 2, tax code, VAT number IT10851750967 and registration number with the Companies’ Register 1486594 (hereinafter referred to as the “Promoter”) is organising this “RIDE 5 PHOTO JOURNEY” campaign, which will run from 15 September to 15 October 2023, through the RIDE 5 video game community, which can be found at https://ridevideogame.com/ride5-photo- journey.
The contest aims to:
- Provide visibility to digital creations made by users of the RIDE 5 video game community who are passionate about digital photography;
- Collect photographic contributions from gamers who, due to their personal experience and interests, know how to rework images extrapolated from the game using the dedicated tool and who are able to enhance the realism of RIDE 5, as well as show their respective vision of the “bike culture” in relation to the proposed themes; these images may be included in a dedicated eBook, which will be produced and disseminated by the promoting company with the relative methods and timing.
This activity is to be considered excluded from rules on prize events, as it falls within the case of exclusion referred to in letter a, paragraph 1, art. 6 of Presidential Decree no. 430/2001 and the “prize” to the author of the selected work is to be deemed consideration for the recognition of personal merit.
1. Addressees of the initiative
The contest is open to all players worldwide of the “RIDE 5” video game, released by Milestone, who have a Sony (PS5), Microsoft (Xbox Series X) or Steam account.
Only private individuals over the age of 18 are allowed to participate, in accordance with the regulations in force in their country of residence. The contest is prohibited where it is forbidden by the local regulations of the country of residence of the participant. It is the responsibility of the participant to check the rules of his/her country and ensure that he/she can participate in this contest.
Please note that each contribution may only be submitted by individuals or groups, provided that, for groups, a reference contact person (hereinafter referred to as “group leader”) is specified, who has been delegated by the other group members; each work must therefore be submitted by only one person who will be entitled to recognition.
Each entrant may submit more than one work, although the same content may not be submitted more than once.
Employees of the promoting company and all of the parties who, during the period of validity of this contest, have a professional collaboration relationship, are excluded from participation in this contest.
2. Terms of participation
The initiative may be announced as of 14 July 2023.
Collection of entries valid from 15 September to 15 October 2023.
During the period of validity of the contest, the promoting company reserves the right to define themes at its own discretion, which will be promptly announced.
Final jury selection: by 30 November 2023.
3. How to participate
Participation in the contest is free of charge.
During the contest period, users will be asked to take a minimum of 1 and a maximum of 4 shots per theme using the “Photo Mode” tool available in the RIDE 5 video game.
The file must meet the following technical requirements:
- JPEG format
- resolution 1920×1080
- Nickname (IG and/or Twitter) of the author in the name
Once consumers have created their image, it may be submitted for evaluation by the jury by sending it by e- mail to the inbox dedicated to the initiative: [email protected] being sure to indicate in the text of the e-mail the nickname used on the Twitter and/or Instagram social platforms, so that the winner can be tagged when the winning content is posted. Together with the file containing their work, entrants are required to send the duly completed Entry Form; in addition, it is highly recommended that entrants attach a brief presentation of the work. In the case of group participation, it is necessary to specify – in the list – the details of all participants, with a specific indication of the name of the group leader. It is also necessary to specify that participants consent to the use and processing of their data for purposes related to this contest, pursuant to Art. 6 (Lawfulness of processing) and Art. 13 (Information to be provided where personal data are collected from the data subject) of EU Reg. 679/2016.
All submitted images must have the following characteristics, otherwise they will be excluded from the competition:
- be in line with the project philosophy
- be original and unpublished
Photographs can be moving or static, and can also be post-produced with graphics editing tools outside the game, without retouching and altering the motorbike models. Lastly, the above requirements must be met.
Entry into the contest is currently subject to the submission of one’s works by e-mail to the dedicated inbox.
The promoting company reserves the right to obscure and/or disqualify customisations made with elements that:
- infringe, in any way, the rights of third parties, including any copyright and similar rights, as well as those proposed in violation of the representations and warranties referred to in article 7
- are considered offensive and/or contrary to public morality and public decorum or that contain content that is defamatory or in violation of
- do not meet the requirements set forth in point 3
- are received from
- make use of mods to alter the game.
Competitors who, according to the unquestionable judgement of the Promoter or of third parties appointed by the same, participate in the contest with means and tools judged as suspicious, fraudulent, or in violation of the normal course of the initiative, will be excluded from participation and will not be able to enjoy any recognition obtained.
5. Selection criteria
A technical jury composed of the three professional artists, Leonardo Sang Uh Chung, Steve Wyper and Davide di Tria, in addition to the Milestone Team, will evaluate all works received at its sole discretion, selecting those considered most deserving and of greatest interest.
The winner will be selected based on the following criteria:
V. Enhancement of the brand.
The jury will decide on the best entries at its sole discretion.
As a personal recognition, the selected works will be published in a digital artbook that can be viewed and downloaded free of charge from the RIDE 5 website, it being understood that by participating in this contest, subject to express acceptance of this notice, the author of the work selected herein acknowledges and agrees to definitively and exclusively transfer any and all rights of reproduction, use and distribution of the work submitted to the promoting company.
The promoting company, by virtue of the transfer to it by the author of all reproduction and distribution rights associated with the selected work, pursuant to the paragraph above, may produce it and put it into production, make adaptations or transformations, distribute it in any form to the public and, more generally, shall have the right to the complete free use and exploitation of the work.
In no case may the subjects who have participated in the contest by sending their works make claims, for any reason and/or on any basis, against the promoting company in relation to participation in the contest and/or any failure of the work submitted to be selected.
In the event that none of those received is deemed worthy and of interest by the technical jury as indicated above, no compensation (or recognition) will be provided.
7. Authorisations, representations and warranties on content
By participating in the contest, each entrant authorises the promoting company, if they win, to exploit the selected work for publication, reproduction and commercial purposes, granting the promoting company free of charge all rights, excluding none, to the economic exploitation, including for commercial purposes, and image of the work, through any means of publication and/or communication, without time or geographical limits, waiving any and all economic claims against the promoting company and any assignees. The content must be free of copyright.
By sending their work, each entrant, agreeing to participate in the contest, represents and warrants that they are the sole author of the work sent, therefore assuming full and total responsibility, in any respect, excluding none, regarding the originality and authorship of the work, thus holding the promoting company harmless from any and all liability and, therefore, also from any direct and/or indirect damages and proceedings that may arise for third parties, in case of untruthful representations about the originality and authorship of the contribution sent.
More specifically, by accepting this contest notice, each entrant represents and warrants:
- that the contributions sent are original and that they do not violate copyright and/or related rights and/or trademark rights / industrial secrets / image rights or any other right of commercial and/or industrial and intellectual exploitation, excluding none, of any natural and/or legal person;
- that they will hold the promoting company, as well as its assignees, fully harmless and indemnified from any and all detrimental consequences, even from a compensatory and/or indemnity point of view, which may derive from the violation and/or untruthfulness of the representation and warranty referred to in this article In particular, the participating company
- will defend and hold completely harmless and indemnified the promoting company from any cost, damage, charge, compensation and/or indemnity, excluding none, which the latter, for any reason and/or on any basis, may be called to incur as a result of the simple possession and/or use, even for commercial purposes, of the application and, therefore, also for the violation of copyright, registered trademark rights, patent rights, know-how, invention rights, image rights and any other right, even exclusive, of third parties.
The promoting company reserves the discretionary right to suspend or cancel the contest if facts and/or events occur that make it difficult and/or impossible to continue the contest.
By participating in the contest, the entrants authorise the promoting company (should it deem this appropriate) to publish the works submitted in the competition on its website or other communication material free of charge, and to make their content available to the public, even after the end of this contest, without any time or geographical limitation.
Entrants other than the winner will, in any case, retain ownership of the economic exploitation rights of their works, without prejudice to the right to publish the works free of charge pursuant to the preceding paragraph.
The promoting company undertakes to respect and protect the authorship of all works in the contest, even where participants, as is their right, have identified themselves using a pseudonym.
8. Invalidity of participation – forfeiture of the prize
Participation in this contest entails the participant’s unconditional and total acceptance of this notice and the rules and clauses contained herein without limitation.
The promoter reserves the right to request, at any time, from the participants a copy of an identity document or other documentation necessary to ascertain the fulfilment of the requirements set forth for participation in the contest. If the participant refuses to cooperate for any reason, he/she will be excluded from the contest itself.
In the event of attempts at fraud and/or inaccurate, partial and/or false statements, the Promoter reserves the right to proceed with the immediate exclusion of the competitor.
If you have any doubts or questions regarding the contest and this notice, please write to [email protected].
10. Court of jurisdiction
Any dispute that may arise in relation to these regulations will be devolved to the exclusive jurisdiction of the Court of Milan.
11. Territorial scope
This initiative is aimed at all users of the community, whether resident in Italy or abroad.
12. Information on data processing Information on data processing
- TYPE OF DATA:
Twitter and/or Instagram nickname, e‐mail address, any further identifying data present in the body of the e‐mail sent by the participant and the data contained in the Entry Form.
- PURPOSES OF THE PROCESSING:
Participation in the “RIDE 5 PHOTO JOURNEY” contest in accordance with what is set forth in this Regulation
- PROCESSING METHODS:
The data will be processed mainly by computer by staff engaged/authorised to process personal data.
- LEGAL BASIS:
‐ your consent (Art. 6(1)(a) of the GDPR), which you will express by attaching the duly completed Entry Form
‐ the organisational and administrative tasks of managing the Contest (e.g. participation, evaluation and
selection of winners, publication of winners) (Art. 6(1)(b) of the GDPR);
‐ legal requirements concerning the management of prize competitions (Art. 6(1)(c) of the GDPR).
- STORAGE TIME
The Participant’s Personal Data (Twitter and/or Instagram nickname, e‐mail address, any additional identifying data present in the body of the e‐mail sent by the participant) will be stored, starting from their receipt, for the limited period of the evaluation and selection of the winner, after which time they will be
permanently deleted, with the exception of the data contained in the Entry Form, which will be retained exclusively for the purposes set forth in the paragraph “CATEGORIES OF RECIPIENTS OF COMMUNICATIONS AND DISSEMINATION” of this Policy. Any winning artwork associated with the winner’s social Twitter/Instagram nickname will be published in a digital artbook that can be viewed and downloaded free of charge from the RIDE 5 website.
- PROVISION OF DATA
The provision of your data (e‐mail and Twitter/Instagram nickname and the data contained in the Entry
Form) is necessary for participation in the contest. As a result, failure to do provide such data will make it
impossible to participate in the Contest
- CATEGORIES OF RECIPIENTS OF COMMUNICATIONS AND DISSEMINATION
In addition, your data may only be disclosed if explicitly requested to:
a. Control bodies, inspectorates and agencies for audits, inspections and controls in the area of insolvency;
b. Law enforcement, judicial authorities or other public entities or bodies for the purpose of preventing, detecting or prosecuting criminal offences.
In the above‐mentioned cases a and b, it is not necessary to obtain your consent, given the mandatory nature of communications that take place on the basis of laws or regulations.
Any winning artwork associated with the winner’s social Twitter/Instagram nickname will be published in a digital artbook that can be viewed and downloaded free of charge from the RIDE 5 website.
- AUTOMATED DECISION-MAKING PROCESSES
There are no automated decision‐making processes.
RIGHT OF DATA SUBJECTS
(see Article GDPR)
Right to obtain confirmation as to whether or not personal data are being processed and access to the personal data and the following information: the purposes of the processing, the categories of personal data concerned, any recipients, any transfers and any appropriate safeguards, storage period, rights of the data subject, any existence of an automated decision‐making process. The Data Controller provides a copy of the personal data. If the request is made by electronic means, and unless specified otherwise, the information shall be provided in a commonly used electronic format.
(see Article GDPR)
Right to obtain the rectification of inaccurate personal data or the integration of incomplete personal data
(see Article GDPR)
The right to have the personal data concerning the data subject erased if: they are no longer necessary in relation to the purposes, consent is revoked (and there is no other legal basis for the processing), the data subject objects to the processing for reasons relating to his/her particular situation (and there are no overriding legitimate grounds), he/she objects to the processing for direct marketing purposes, the personal data are processed unlawfully, they must be erased in order to meet a legal obligation, they were collected in connection with the provision of information society services. The right shall not apply if the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for the performance of a task carried out in the public interest or in the exercise of public powers, for reasons of public interest in the health sector, for archiving in the public interest, for scientific or historical research or statistical purposes, or for the establishment, exercise or defence of legal claims.
(see Article GDPR)
Right to request only storage of the data if: the data subject has contested the accuracy of the data (for the period necessary to verify its accuracy), the processing is unlawful (but the data subject has requested restriction rather than erasure), the data are needed by the data subject in legal proceedings and, although the data controller no longer needs the data, the data subject has exercised the right to object (while the data controller verifies the existence of legitimate and overriding grounds).
(see Article GDPR)
Right to object to the processing of personal data if (i) it is based on public interest or legitimate interest and (ii) if the data are processed for direct marketing purposes, including profiling.
(see Article GDPR)
Right to receive data in a structured format (only for automated processing).
- WITHDRAWAL CONSENT
(see Article 13/2)
Right to revoke consent at any time, where provided as a legal basis, without prejudice to the lawfulness of the processing based on it prior to revocation.
(see Article 13/2)
Right to lodge a complaint with the Supervisory Authority for any alleged breach of the GDPR.