OFFICIAL RULES
THE DESOLATION – GAUNTLET OF THE DRAGON
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. VOID WHERE PROHIBITED.
Eligibility: Contests are open to those who are 18 years of age or older at the time of entry. Employees, officers, directors, or agents of Stratosphere Games GMBH (“Promoter”) or any of Promoter’s partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, are not eligible to participate. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.
Entry Period: This The Desolation – The Gauntlet of the Dragon Contest (“Contest”) begins at 10:00 a.m. UTC on February 19, 2024 and ends at 10:00 a.m. UTC on March 12, 2024 (the “Entry Period”). By participating in the Contest, each individual entrant (each, a “Participant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Promoter, which shall be final and binding in all respects. Promoter’s computer is the official time-keeping device for the Contest.
How to Enter: To enter the Contest, each Participant must follow the instructions provided in these Official Rules as well as any additional rules established by Promoter.
Each Participant needs to submit their Openloot ID and their Discord name via https://thedesolation-online.com/en/. After submitting, each participant can earn Leaderboard Points by completing different challenges (Chase of the Dragon, Chance of the Dragon, and specific Twitch Challenges). After completing a challenge, each participant must provide a proof of beating the challenge. The proof will be verified by the Desolation Moderation team. After the participation is verified, the participant will be awarded the appropriate number of points.
An active Platform account is required to participate in this Contest; Participants may be required to create a Platform account if Participant does not currently have an account if they wish to participate in this Contest. By creating a Platform account and/or using the Platform and participating in this Contest through use of such Platform, each Participant understands that such Participant will be subject to the terms and conditions and privacy policies of such Platform (as the same may be amended from time to time), each of which may be found on the Platform’s webpage. Each Participant further acknowledges and agrees that Promoter (including any of Promoter’s affiliates) has no control over the Platform or its actions and is not responsible for any acts or omissions by the Platform. Promoter will not consider incorrect, fraudulent, infringing, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, infringe, or harass any person or entity in any way. Entries generated by artificial intelligence software, macro, script, or other automated means are void. Any Participant using fraudulent means (determined in the Promoter’s sole discretion) to participate in a Contest or submitting an Entry will be disqualified. Eligibility of each Participant and each Entry is at the exclusive discretion of Promoter, and Promoter shall be entitled to reject any Participant or Entry for any reason or no reason at all without having to provide an explanation. Promoter reserves the right, in its sole discretion, to cancel, suspend, or terminate a Contest for any reason and without prior notice to, or requirement of consent from, any Participant. In such instance, Promoter may, if and as appropriate, select a Winner (defined below) using reasonable means that are materially consistent with the Contest in question.
Provision of Materials and Information/Intellectual Property: By entering into the Contest, Participant represents and warrants to Promoter as follows: (1) that Participant fully owns or has properly licensed whatever materials or information (including Entries) Participant submits hereunder in connection with the Contest and can make such submissions without violating any applicable law, agreement with any third-party, or third-party right of any kind (including, without limitation, any intellectual property, data protection, privacy, or publicity right); (2) that any and all materials or information (including Entries) provided by Participant hereunder shall be true and correct in all respects; and (3) Entries submitted by Participant are original and are not generated, developed, or modified by use of any generative artificial intelligence software (including without limitation Midjourney, Dall-E, Google Bard, and ChatGPT). Furthermore, notwithstanding anything herein to the contrary, by participating in the Contest, each Participant agrees that Promoter shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information submitted by each Participant in any manner Promoter so elects to promote the Contest, Promoter’s business, marketing, brand, products and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.
Voting; Winner Selection: The odds of winning a prize (each, a “Prize”), and the retail value of any such Prize, may vary. This information is set forth in the Contest rules, which can be found herein or by joining the “The Desolation Discord Channel” https://discord.gg/x3vMUTk2Ju . All Contest winners (each, a “Winner”) will be selected pursuant to the specific procedures set forth in the applicable Contest’s rules contained herein and/or as may be further specified or modified by Promoter. Each Participant who timely submits a correct Entry eligible to be a Winner. Each Participant may be eligible to win one prize. The Leaderboard will be announced at the end of the Contest. All Winners will be announced at or promptly following the conclusion of the Entry Period via the Platform. Promoter will contact all Winners via Discord only to confirm that they have won and are entitled to a Prize. Promoter is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Participant’s or Winner’s account, or any other failure beyond Promoter’s control. In the event of a dispute with respect to Entries received from more than one Participant having the same e-mail address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper Participant. Any potential Winner will forfeit such Winner’s Prize if they: (1) fail to respond in a timely fashion to any of Promoter’s requests for information or signatures with respect the Contest or the Prize; (2) cannot be reached at the information provided by such individual; (3) rejects the Prize (or it is returned undeliverable through no direct fault of Promoter); or (4) is disqualified from the Contest for any reason. In the event of any forfeiture hereunder, an alternate Winner will be selected by Promoter. Winners are solely responsible for all applicable: (a) federal, state, and local taxes; and (b) out-of-pocket expenses, associated with Prize acceptance and use; and each applicable Winner further agrees that, as a condition to accepting such prize, such Winner shall indemnify Promoter for any liability, damages, losses, or costs (including, without limitation, attorney’s fees and costs) related to taxes for such Prize. Prizes will not be substituted by Promoter for cash or other merchandise pursuant to any Winner’s request.
Prizes: Each Participant who reaches the Top20 of the Leaderboard is eligible for a prize. Each Participant may be eligible to win only one prize. Winners for this Contest shall be determined via review of Entries, with each timely submitted and correct Entry receiving a Prize as set forth herein. Each Winner will be awarded Digital Goods for The Desolation, as follows (with the Approximate Retail Value (ARV) for each set forth opposite of such Prize):
Prize for the 1st Place: Legendary Dragon Suit (ARV is $400)
Prize for the 2nd – 5th Epic Lunar Skin (ARV is $150)
Prize for the 6th – 10th Place: 3x Leaderboard Box (ARV is $60)
Prize for 11th – 20th Place: 1x Leaderboard Box (ARV is $20)
The content of these boxes is specified by the Promoter on https://thedesolation-online.com/en/
Subject to applicable law, Prizes are offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose, and Promoter hereby disclaims any and all such warranties. Promoter is not responsible for replacing any damaged Prizes unless such damage is directly caused by Promoter. Each Winner agrees such Winner shall look solely to the Prize’s manufacturer for any potential guarantees or warranties of any kind.
Privacy: Promoter will be collecting, storing, and exploiting personal data about Participants to administer Contests and exercise Promoter’s rights hereunder, including without limitation, those relating to marketing and publicity. By entering into Promoter’s Contest, Participants agree to Promoter’s collection and use of each Participant’s personal information submitted in connection therewith. All Participants acknowledge that if such Participant is chosen as a Winner, certain of their “personally identifying information” (as such term is defined and construed under applicable federal, state, or local laws) collected by Promoter may be disclosed to third parties as required by law, including on a winner’s list. For more information on Promoter’s handling of personal information, see Promoter’s Privacy Policy, a copy of which can be found at the following link: https://www.stratosphere-games.com/en/privacy-policy/ .
Release: Subject to applicable law, by entering into the Contest and potentially receiving a Prize, each Participant and Winner hereby agrees to (on behalf of such Participant and Winner and each of their respective affiliates, employees, officers, directors, agents, descendants, and successors) release, discharge, and hold harmless Promoter, along with Promoter’s employees, officers, directors, affiliates, parents, subsidiaries, partners, agents, and successors or assigns, from and against any claim, cause of action, demand, lawsuit, action, or proceeding (each, a “Claim”), and any resultant damages, liabilities, loss, injury (including death), cost, expense, fee, judgement, fine, penalty, or other loss or expense of any kind, including (but not limited to) attorneys’ fees and costs, court costs, and expert witness fees (each, a “Loss”), relating to or arising directly or indirectly out of his or her participation in a Contest (or related activity such as a press release), and/or Promoter’s right to exploit Participant’s name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Participant’s receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Participant’s computer system from downloading or using material from Promoter’s, or an affiliate of Promoter’s, website).
Limitation of Liability: In no event will Promoter, and/or Promoter’s parent, subsidiary, licensees, employees, agents, officers, directors, assigns, affiliates, or related companies (collectively with promoter, the “Promoter Parties”), be responsible or liable for any indirect, incidental, consequential, or punitive damages (including without limitation lost profits) arising out of any Participant’s participation in the contest, these official contest rules, and/or any participant’s receipt of a prize, no matter under what theory arising, even if any promoter party has been advised of the possibility of such damages. Promoter parties’ entire liability with respect to: any participant’s participation in the contest, these official contest rules, and/or any participant’s receipt of a prize shall be limited to $500. Some jurisdictions may not allow the aforementioned limitations or exclusions of liability and as such, the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
Dispute Resolution: The parties hereto acknowledge and agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., class actions suits are hereby waived by the parties), and exclusively by the state or federal courts situated in Collin County, Texas; (2) that the laws of the State of Texas shall govern, without regard to its conflict of laws principles; and (3) that the parties hereto waive any right to a trial by jury.
Winner’s List: Participants or other Game players may send a message via Discord to the moderator of the The Desolation Discord Channel located at https://discord.gg/x3vMUTk2Ju with the subject line “The Desolation – Guantlet of the Dragon” within 30 days of the end of the Entry Period to receive a list of Winners that received a Prize. The Contest is promoted and managed by Stratosphere Games GmbH, Ackerstr. 3 10115, Berlin, Germany.