The Champions of the Undead Promotion
These terms and conditions (the Terms) apply to the Champions of the Undead promotion (the Promotion) and will prevail in the event of any conflict or inconsistency with any other communications, including online or in-venue advertising or promotional materials relating to the Promotion, as well as the Terms of Service. Information on prizes and how to enter forms part of these Terms.
The Promoter is Zero Latency Pty Ltd, ABN 71 168 651 885, (Zero Latency) 5 Harper Street, Abbotsford, VIC, 3067, Australia
The Promotion will be open from AEST 12pm 10th August 2023 and will close at AEST 11pm 6th September 2023 (the Promotional Period).
Entry Criteria & Mechanic
Entry into the Promotion is open to all persons over the age of 18 years who, during the Promotional Period play Undead Arena at one of the Zero Latency VR venues listed here excluding Italy, Japan and currently Arizona within the United States of America (pending application approval from the Arizona Attorney-General's office), each location is a Participating Venue and each eligible player an Entrant.
This Promotion is a game of skill; chance plays no part in determining the winners.
Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or organisations associated with this Promotion are ineligible to enter. “Immediate families” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
Entrants may enter more than once during the Promotional Period. By satisfying the above entry criteria, each Entrant is considered to have accepted these Terms.
The Promotion, including determination of the winners, is based on scores achieved during gameplay. Gameplay requires each Entrant to kill zombies using a range of weapon types and points will be awarded based on how each zombie is killed, for example a standard kill (100 points), headshot kill (150 points), assisted kill (25 points) and by using the fire traps (100 points).
Separate leader boards will be maintained, grouped by the following regions, with each Entrants’ score being automatically recorded according to the region in which they play:
- Europe & Middle East (covering Austria, Belgium, Germany, Kuwait, Luxembourg, Netherlands, Portugal, Spain, Switzerland, United Arab Emirates, United Kingdom, Ireland, France)
- Americas (covering USA, Canada, Mexico, French Guiana); and
- Asia Pacific (covering Australia, India, New Zealand, Singapore).
The highest scoring Entrant in each region (each a “Finalist”) will be flown to the Zero Latency Las Vegas Venue (“Grand Final Venue”) to compete in the grand final on 5th October 2023. For the avoidance of doubt, there will be three (3) Finalists in total – one from each region. Each of the 3 Finalists will be notified by 5pm AEST on Thursday 7th September 2023 via email or phone (to the email address or phone number provided when logging in to play at the relevant Participating Venue) that they are a regional winner and are invited to take part in the grand final and bring one (1) companion. Each Finalist must respond to this email within 7 days to confirm their participation in the grand final. Failure to respond within this timeframe will forfeit participating and the next highest scorer in the relevant region will be invited to play.
The full names of all 3 Finalists will also be published on the Promoter’s social media channels by Wednesday 13th September.
The following costs will be covered to all 3 Finalists in order to participate in the Las Vegas Venue:
- Economy class flights up to the value of $2,200 USD per person, flights will be booked by Zero Latency’s travel agent from the finalists’ respective closest international airports. Travel to/from each Finalists’ respective international airports is not included;
- One (1) double room accommodation for the finalist and companion, for 2 nights up to the value of $500 USD per night, at the MGM Grand Hotel Las Vegas.
- Travel and transports (including ground transfers) to the value of $150 USD or equivalent in local currency and paid via a one off Uber Gift Card.
- Travel insurance for up to one (1) week for each finalist and their respective companion up to the value of $500 USD per person.
The Finalists will play three games of a ‘hard mode’ version of the Champions of the Undead together at a time to be nominated by the Promoter, on 5 October 2023. This ‘hard mode’ version will include even more zombies than the regular game, and will therefore be even more of a challenge. If any Finalist is unable to attend the nominated grand final destination or date, the invite will be forfeited to the next highest scorer in the relevant region. The date and time may be changed by the Promoter in the event that circumstances arise which are outside of its control.
The Finalist with the highest score at the grand final (i.e. the score achieved on 5th October only and not the cumulative score from previous gameplay) will be the overall winner and will receive $15,000 USD, to be paid via bank transfer in their local currency based on mid market conversion rates on the day of payment by the Promoter.
All Finalists and travel companions will be required to comply with the below additional requirements in order to participate:
- Airline tickets are non-refundable or non-transferable;
- All applicable taxes, fees, charges and surcharges relating to the airline tickets shall be paid by the Promoter;
- They must abide by and are subject to the Airline’s published Conditions of Carriage (or similar, as applicable);
- Once airline tickets have been issued, they are only valid for flights and dates shown;
- If a booking is cancelled, no alternative tickets will be issued;
- Travel insurance is included;
- They must have a passport that is valid for at least 6 months on date of travel with one blank visa page;
- Any visa for travel to the grand final venue in Las Vegas, United States of America is the responsibility of the Finalist and their travel companion. Each Finalist must share their visa with Zero Latency by Wednesday 20th September to confirm their participation in the grand final. There is no guarantee for participation in the final if your country of origin is not a country that participates in the US State Departments US Visa Waiver program.
- Any specific health declaration (including but not limited to COVID 19 vaccinations) necessary for travel to the grand final venue is the responsibility of the Finalist and their travel companion.
- Flight extras (including on-board meals and drinks, if applicable) are not included in the prize. Such costs are the Finalists’ responsibility;
- Any costs or expenses not expressly included in the prize pursuant to these terms and conditions including without limitation, excess baggage, additional excursions and attractions will be the sole responsibility of the Finalist;
- The Finalist is solely responsible for any additional charges incurred at the hotel during their stay, including, without limitation, costs of meals, drinks, additional nights and services together with related taxes; and
The ability to participate in the grand final will be forfeited, and the next highest scorer in the relevant region will be invited to the grand final, if:
- The Finalist is unable to travel during the dates specified by the Promoter;
- The Finalist has not obtained the proper travel visas or health documents and shared them with Zero Latency by Wednesday 20th September 2023;
- The Finalist has any immigration complications which prevent them from entering, leaving or travelling to the location specified by the Promoter; or
- The Finalist has any medical, legal or any other reason that would prevent them from accepting and participating in the grand final.
The following will be considered runners up and will each receive: (1) an HTC VR Elite Headset valued at A$2,099 (or USD$1,099) each. A total of 8 HTC Elite Headsets will be awarded.
- Grand finalist runners up: The two Finalists who don’t get the highest score at the grand final; and
- Regional runners up: The Entrants with the highest two scores in each region (after the Finalist’s).
Prohibited Hacks & Behaviour
All Entrants must engage in fair play during the Promotion and under no circumstances should Entrants exploit bugs, hacks or glitches in order to receive an unfair benefit during gameplay. Any Entrant who, in the reasonable opinion of the Promoter, engages in this behaviour or tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process will be ineligible to win. This shall include where an Entrant:
- Violates any rules, guidelines or instructions that the Promoter may convey regarding the Promotion;
- Interferes with or disrupts the operation of the Promotion;
- Engages in any action that may adversely affect other participants, or manipulate the Promotion in any way;
- Disparages the Promoter or harms its goodwill or reputation;
- Breaches the security of the Promoter’s systems or identifies any security vulnerabilities in them;
- Impersonates any person or entity, or makes any false statement pertaining to their identity; or
- Engages in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising.
Personal Information & Proof of Identity
As a pre-condition of accepting any prize, the Promoter may request verification of identity, through reasonable means of identification. Any Finalists or Runners up shall promptly provide any additional information necessary to effectuate his or her receipt of the prize (such as postal address). Failure to provide identification will result in the prize being forfeited.
The Promoter processes the personal data for the following purposes: (i) to administer and execute the Promotion; (ii) to handle follow up matters after the Promotion (i.e. the prize management); (iii) to publish the name of the Finalists on its website or other media in accordance with these Terms, and (iv) to determine, contact and communicate with the Finalists, booking flight tickets, rooms and providing you with access to the Las Vegas Venue and otherwise administering the travel arrangements.
Some site locations are run by Zero Latency’s Business Partners (hereinafter, the “Business Partners”), some of whom may also be using the Zero Latency brand. The Promoter may share the Entrant’s personal information with the Business Partners who are operating with Zero Latency’s Free Roam Virtual Reality systems.
For purposes of booking flight tickets and rooms, providing the Finalists access to Las Vegas Venue and otherwise administering the travel arrangements, the Finalists personal data will also be provided to the Promoter's partners, such as travel and tourist agencies, that will process personal data for their own purposes as controllers. Please confirm if this is not the case.
The Promoter will store the personal data collected and processed as part of the Promotion in Australia, outside of the EEA. When doing so, the Promoter will ensure that the Entrant’s personal data receives adequate protection in accordance with data protection rules, implementing appropriate technical and organizational measures to protect their personal data.
The Entrant’s personal information will be retained for as long as is necessary to carry out the purposes of the Promotion and the follow-up matters afterwards (unless a longer retention period is required by applicable law).
The Entrant has the right to request: (i) access to their personal data; (ii) an electronic copy of their personal data (portability) and to have this information transmitted to another company; (iii) correction of their personal data if it is incomplete or inaccurate; or (iv) deletion or restriction of their personal data in certain circumstances provided by applicable law. These rights are not absolute. Where the Promoter has obtained the Entrant’s consent for the processing of their personal data, the Entrant has the right to withdraw their consent at any time. However, by doing so, the Promoter will no longer be able to process their personal data and, as a result, the Entrant will no longer be able to take part in the Promotion.
The Promoter will always process the Entrant’s personal data in accordance with applicable data protection legislation. The Entrant may also lodge a complaint with the relevant Supervisory Authority. If you have specific questions related to the processing of personal data, please contact at email@example.com.
Publicity and promoting success
All Entrants including the Finalists acknowledge and agree that the Promoter may publish: (a) the player display name of each Entrant on the leaderboard of the Promoter’s websites as connected with the Promotion throughout the Promotional Period, and (b) the details of the finalists and winner (their first name, social media handle, player display name, region and photographs or videos published by the Entrant in the context of the Promotion), in Promoter’s marketing material or reports, in social media content, on Promoter websites, in brochures or in printed collateral.
The Promotion is governed by the laws of Spain. The courts of Madrid, Spain shall have non-exclusive jurisdiction of any disputes relating to these Terms or participation in the Promotion. The Promoter accepts no responsibility for any personal Entrant tax liabilities that may arise from any prizes awarded during the Promotion. The prizes may be taxable income under the laws applicable to the winners. The winners are solely responsible for reporting the prizes to the relevant tax authorities, and paying all taxes applicable to the prizes, as required by the applicable tax laws. Upon the Promoter’s first request, the winner will promptly complete and submit to the Promoter all tax forms, certificates or authorizations as may be necessary under the applicable tax laws.
Entrants acknowledge that there may be inherent risks in some aspects of the Promotion or the prizes and that participation in the Promotion or the prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the prize, Entrants accept that risk for themselves and for their companion(s) (if applicable).
To the extent permitted by law, the Promoter shall not be liable for any loss or damage whatsoever (including but not limited to direct, indirect, special or consequential loss or damage, lost revenue or profit) or personal injury suffered or sustained in connection with the Promotion, including during the course of any gameplay and during any travel required to attend the grand final, or from accepting or using any prize. Nothing will exclude the Promoter’s liability for injury or loss suffered which cannot be excluded by law.
All Entrants agree to indemnify, defend and hold harmless the Promoter and anyone acting on its behalf, at the Entrant’s expense from and against all damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, arising from any complaint, allegation, claim, or demand, arising from your breach or alleged breach of these Terms. If requested by the Promoter, Entrants and winners must sign (or procure that their parent/guardian signs) an indemnity and exclusion of liability form provided by the Promoter, in favour of the Promoter and all parties involved in this Promotion and/or providing the prize, before they participate in the Promotion and/or the prize. If they or their parent/guardian do not sign that form within the time specified by the Promoter, they will not be able to participate and the relevant entrant’s or winner’s entry or claim will be deemed invalid.
Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Terms restricts, excludes, or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Spanish Consumer Law. The value of each prize is accurate as at the commencement of this Promotion. The Promoter accepts no responsibility for any variation in the value of a prize offered in the Promotion.
If, for any reason whatsoever, the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure, natural disaster, pandemic or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Promotion, the Promoter reserves its right in its sole discretion to take any action that may be available, subject to Regional, State and Territory regulations.
If you have any queries in relation to any of the above terms and conditions, please contact Karen Jarvis at firstname.lastname@example.org