Merch Giveaway
Terms and Conditions
OFFICIAL RULES:
NO PURCHASE IS NECESSARY TO ENTER OR WIN. ENTRY INTO THIS GIVEAWAY CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.This Giveaway is sponsored by ESL Gaming GmbH, Schanzenstraße 23, 51063 Köln, Germany (the “Sponsor”).
1. Eligibility:
ESL Counter-Strike Giveaway (“Giveaway”) is open and offered only to legal those who are over the age of majority in their primary state or country of residency. In the event of any conflict or inconsistency with any other advertising, promotional or other materials, these Official Rules shall govern. Employees, officers, directors, and representatives of Sponsor, as well as the immediate family (spouse, parents, siblings, children, step-parents, step-siblings, and step- children, regardless of where they live) and same household members of each such employee, officer, director, or representative (whether or not related) are not eligible to participate in the Giveaway. Only individuals meeting all eligibility requirements set forth in these Official Rules may participate in the Giveaway or win a prize (“Participant”). All federal, state, and local laws and regulations apply. Sponsor reserves the right to verify the eligibility of winners. Residents of countries currently subject to United States sanctions or on the United States list of state sponsors of terrorism are not eligible to enter the Giveaway or win a prize. For a current list of countries currently subject to United States sanctions or on the United States list of state sponsors of terrorism, go to https://ofac.treasury.gov/sanctions-programs-and-country-information and https://www.state.gov/state-sponsors-of-terrorism/
2. Giveaway Period:
The Giveaway commences at 14:00 CEST, Monday May 12th and ends at 14:00 CEST, Thursday May 15th (“Giveaway Period”). Sponsor’s computer is the official time-keeping device for this Giveaway.
3. How to Enter:
Via TikTok: You can enter the Giveaway by:
How to enter:
- Follow Sponsors TikTok account @eslcounterstrike
- “Comment” on the post and “Tag” a friend.
You must have the TikTok app and an account to enter via this method. If you do not have the TikTok app, you may download it through the application store on your device. The TikTok app is free. By submitting your information and creating an account, you agree to the terms of use and privacy policy of TikTok. If you do not agree to such terms of use and privacy policy, you cannot create an account or participate in this Giveaway. Sponsor may not receive Entries from TikTok users with “private” updates (i.e., Participant has set his or her account so that only people the Participant has approved can view his or her updates.)
By entering the Giveaway via TikTok using your mobile device, standard data fees may apply. You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device’s features for capabilities and check the device manual for specific use instructions.
All entry information and comments shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below.
By entering, each Participant warrants and represents the following with respect to Participant’s Submission: (a) Participant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties appearing in the Submission have given Participant appropriate consent to be photographed and used as permitted herein. Sponsor reserves the right to request releases from any third parties appearing in any Submissions at any time. Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.
Providing a Submission constitutes Participant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.
Limit one (1) Submission per person. Participants are not permitted to submit a Submission more than once during the Giveaway Period. Duplicate Submissions by the same person will be subject to disqualification. All terms and conditions of TikTok.com apply. Multiple Participant are not permitted to share the same TikTok account. Any attempt by any Participant to obtain more than the stated number of entries by using multiple/different TikTok accounts, identities, registrations and logins, or any other methods will void that Participant’s entries and that entrant may be disqualified. Use of any automated system, devices, bots and/or other programs or software to participate is prohibited and will result in disqualification. Entries must be submitted by the Participant. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human, or electronic. Sponsor shall not be responsible for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human error which may occur in the processing of the entries in the Giveaway. Sponsor assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Only fully completed entries are eligible.
In the event of a dispute over who submitted a winning entry, the “authorized account holder” of the TikTok account used to register on the platform will be deemed to be the Participant. Potential winner may be required to show proof of residency or identity or forfeit the prize. All entries become the property of Sponsor and will not be acknowledged or returned. By entering the Giveaway, Participants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Giveaway.
4. Random Drawing/Odds:
The winner will be selected in a random drawing from all eligible Submissions received on or about Thursday, May 15, 2025. Odds of winning depend on the number of Submissions received for the drawing.
5. Prizes:
One (1) Winner will be randomly drawn to win ESL Gaming Merchandise signed by notable figures from the Counter-Strike community, an approximate retail value of $50.00.
6. Prize is not available for individual retail-sale.
Prize is non-transferable. No substitutions or cash redemptions. In the case of unavailability of a Prize, Sponsor reserves the right to substitute a prize of equal or greater value. Sponsor reserves the right to, at its discretion, reschedule the Giveaway, modify the dates of the Prize, or cancel the awarding of the Prize.
7. Winner Selection & Notification:
One (1) winner will be randomly selected on or around [DATE], by Sponsor from all Submissions received during the Giveaway Period. Sponsor will contact the potential winner via TikTok DIRECT MESSAGE and Sponsor will also announce the winner by posting a comment on Sponsor’s Official TikTok account at: https://www.tiktok.com/@eslcounterstrike within 7 days of the selection, and will provide details on how to claim the prize. Potential winner will be required to respond to Sponsor within 7 days in order to claim their prize. Winner shall be required to provide its contact details and shipping information for delivery of the prize. If a winner is unable to be contacted within 7 days from the first attempt, the potential winner may forfeit the prize. The winner may be provided an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit and Release”) to fill out, sign and return within 24 hours of receipt. If the winner does not sign and return the Affidavit and Release, or if a potential winner does not meet eligibility criteria, or is otherwise unwilling or unable to comply with these Official Rules or return same by the required deadlines, or refuses to complete any additional documentation that may be required by Sponsor, an alternative winner may be selected by Sponsor. All taxes, duties, or levies associated with the receipt or use of any virtual prize are the sole responsibility of the winner. The Sponsor assumes no responsibility for the winner’s tax compliance obligations. The winner is advised to consult a tax advisor regarding the potential tax implications of receiving a virtual good. The Sponsor does not assume responsibility for any tax reporting or withholding obligations outside Germany. Winner is solely responsible for compliance with local tax laws applicable to their jurisdiction.
8. Verification of Potential Winners:
POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. PRIZE WILL BE FULFILLED APPROXIMATELY 8-16 WEEKS AFTER WINNER VERIFICATION.
9. Publicity:
Except where and as may be prohibited by law, participation in the Giveaway and acceptance of prize constitutes express permission of the winner, or his or her parent or legal guardian if Participant is a minor, for Sponsor to use such winner’s name, photograph, image, likeness, voice, opinions, hometown, and/or state for advertising, trade, promotion, and publicity purposes in all forms of media now known or hereafter discovered or devised, worldwide in perpetuity, without further notice, review or approval, or compensation.10. General Conditions:
Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify, extend, or suspend the Giveaway should non-authorized intervention, fraud, weather, force majeure events or other causes beyond the control of Sponsor corrupts or affects the administration, security, fairness, or proper conduct of the Giveaway. Sponsor reserves the right to disqualify any individual it determines, in its sole and absolute discretion, is or is attempting or intending to: (a) tamper with any aspect of the operation of the Giveaway, (b) defraud Sponsor, (c) undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices, (d) annoy, abuse, threaten, or harass any other participants, Sponsor, or representatives of the Sponsor, or (e) act in violation of these Official Rules. In such event(s), Sponsor reserves the right (in addition to disqualification of such individual) to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. No groups, clubs, newsletters, or organizations may reproduce or distribute any portion of these Official Rules to their members, and anyone who participates in the Giveaway through means not permitted by these Official Rules is subject to disqualification. typographical, mechanical, or other errors.
CAUTION:
ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Agreement to Official Rules:
By participating in the Giveaway, each Participant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor (including but not limited to Sponsor’s employees or agents handling prize redemption), which are final and binding in all matters relating to the Giveaway. By participating in the Giveaway, each Participant waives any right to claim ambiguity in these Official Rules.12. Release:
By participating in this Giveaway, Participant agrees to release, indemnify, and hold harmless, ESL Gaming GmbH, the Esports World Cup Foundation, TikTok Inc., Valve Corporation and their subsidiaries and affiliates (collectively, the “Released Parties”), from any and all liability for any claims, injuries, loss, harm, damage, cost, or expense of any kind to any person(s), including, without limitation, property damage, personal injury, and/or death, arising in whole or in part, directly or indirectly, or consequential, from acceptance, possession, use, and/or misuse of a prize or participation in this Giveaway or any Giveaway-related activity and for any claims based on publicity rights, defamation, or invasion of privacy. The Released Parties are not responsible for cancellations or delays, or if any prize cannot be awarded, or if the Giveaway cannot be conducted as planned for any reason due to non-authorized intervention, fraud, weather, force majeure event, acts of war, natural disasters, terrorism events or other causes beyond their control.
13. Limitation of Liability:
Except where prohibited, Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys’ fees; and (3) under no circumstances will Participant be permitted to obtain awards for and Participant hereby waives all rights to claim punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING THE PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF AN KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF SPONSOR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATED TO THE GIVEAWAY SHALL BE ONE HUNDRED UNITED STATES DOLLARS (US$100).
14. Choice of Law:
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Participant and/or Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of England & Wales, and all proceedings regarding same shall take place exclusively in the courts of London, England. Participant agrees to the jurisdiction of such courts and waives any right to change of venue or any like right.15. Privacy:
By entering the Giveaway, each Participant agrees that Participant’s entry and any other personally identifiable information collected or used in connection with the Giveaway is subject to and may be used by Sponsor in accordance with its Privacy Policy, as posted on Sponsor’s website.THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR AFFILIATED, OR ASSOCIATED WITH TIKTOK OR VALVE CORPORATION. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO TIKTOK OR VALVE CORPORATION.