The Regulations for the Contest

§1 GENERAL PROVISIONS

The Organiser of the Gemstone Legends Contest (here-in-after referred to as the “Contest”) is Stribog Games sp. z o.o. with the registered seat in Kraków, ul. Promienistych 1, 31-481 Kraków entered into a register of entrepreneurs of the NCR kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the NCR under the number: 0000748567, holder of the NIP no.: 9452221951, REGON no.: 381299995, share capital: PLN 50.000 , here-in-after referred to as the Organiser.
The Organiser declares that the contest is not a gambling game, raffle, bet, promotional lottery, whose result is random and by chance, nor any other form of a gambling game under the Act of 19 November 2009 on Games of Chance (Consolidated text: Journal of Laws of 26.11.2020 item 2094 as amended)
The Organiser declares that the contest is in no manner sponsored, supported, managed or related to the entities managing or owning the YouTube.com service, through which participation in the Contest is available.
The objective of the contest is to promote and advertise the Gemstone Legends game.
The Contest website is under the address https://live.gem.guru/newbies-countdankula
The Contest lasts from November 4, 2021 at 6:00 PM UTC until, November 19, 2021 at 6:00 PM UTC. Participation in the Contest is voluntary.

§2 PARTICIPANTS

The Contest participant may only be a person who:
1. has attained the age of 18 and has a full legal capacity
2. does not run a business or runs a business but participates in the contest without connection with the business conducted
3. does not work for the Organiser nor is their close relative
4. does not remain in a civil legal relationship with the Organiser nor is a close relative of such a person
5. has familiarised themselves with the regulations published on the Contest Website and accepts the content thereof
The Contest is of a global nature, its participants may be the residents of any country.
Participation in the Contest is through an installation of the game from the installation links provided with the link to the Contest Website or links available on the Contest Website.
The Contest participant may only be the person, who is a new player of the Gemstone Legends game, who installs the game and who has created an account during the contest, using the installation links provided with the link to the Contest Website.
Participation in the Contest means acceptance of its regulations.

§3 THE CONTEST OBJECTIVE AND THE PLAYER RANKING

The Contest objective for a player participating is to develop their account "Power” level by upgrading Power level of 5 Heroes they own. Power indicator is available on the player's profile page in the Gemstone Legends game.
There are two Ranking types in the Contest; Overall Ranking showing who developed their account best since the beginning of the contest and Daily Ranking - showing which player achieved the biggest Power increase within the last 24 hours.
When two players hold the same position in the ranking, the player to get it first will score a higher ranking position.
The Organiser will publish the Player Ranking on the Contest Website regularly while it lasts. Refreshing the ranking position will take place at least every 24 hours.

§4 EXCLUSIONS FROM THE CONTEST AND TECHNICAL ISSUES

The Organiser is not responsible for technical problems occurring during the game, which are beyond their control or those occurring in a manner unplanned by the Organiser including: technical errors on the part of the game, server failure and other technical issues related to the access to the game and to the servers. The essential works and updates implemented in the game do not indicate any changes to the Contest rules, including extending its duration.
Intentional exploitation of the game errors, application of any external programs affecting the game or game score fixing are prohibited.
The Organiser reserves the right to exclude from the contest the people conducting acts, towards which there is a reasonable assumption that they may be an attempt to avoid the rules of the game or which aim at breaking the security measures or the principles of conducting the contest in any other manner. This also refers to the persons conducting operations violating the Organiser’s legitimate interest, which adversely affect their image or breach the social life principles.
The nick and the content published by the User in the game may not be offensive, vulgar and inappropriate. The player who does not comply with this provision will be excluded from the Contest.
Every User is obliged to treat other players with respect. The participants failing to observe this principle may be excluded from participating in the Contest.
The Organiser reserves the right to exclude from the Contest the people who entered the Contest despite a failure to meet the conditions indicated in the part referring to the Contest Participants. Exclusion for the said reason may occur at every stage of the course of the Contest.

§5 PRIZES

The Sponsor and funder of the prizes is the Organiser. The winner has the option to choose a prize depending on the platform he uses.
The first position in the Overall Ranking is rewarded with an IPhone 13 Pro or Samsung Galaxy S21+. The second and the third position are rewarded with Google Play or Apple & iTunes cards worth $100 each.
The top position in the Daily Ranking shall be rewarded with a Google Play or an Apple & iTunes card worth $50.
The prizes shall be handed over to the winners once they have met the conditions referred to in the regulations.
Once the Contest has ended the Organiser shall publish, on the Contest Website, the contest ranking with the nicknames of the players who have won the prizes.
The winners indicated in the ranking are obliged to contact the Organiser via the Contact Us mechanism available in the player’s profile in the Gemstone Legends game within 15 calendar days from the end of the contest in order to provide details required in order to send the prizes, such as the Name, Surname, delivery address and telephone number and other data required for the Organiser to meet the obligations under the abiding laws.
If the Winner fails to contact the Organiser or fails to provide the details required in order to send the prize, as referred to in section 5.6, within 15 calendar days of the end of the Contest the Organiser reserves the right to not grant the Prize at all, partially or in full.
The Prizes shall be sent within 30 calendar days of the day of the Organiser receiving all details required for effectuating the postage.
Unless the regulations state otherwise the prizes are not subject to a direct exchange for a cash benefit.
The Winner may not transfer the right to the Prize to third parties.
The Winner is solely liable for settlement of duties related to the received prize, should such duties function in the country of their residence.
The Organiser does not assume responsibility for an absence of a possibility to hand over the prize for reasons attributable to the Winner, and in particular in the instance of: a failure to provide address details, providing untrue, out-of-date or incomplete address details.
Should the Contest winnings be subject to a personal income tax on the territory of Poland (here-in-after: income tax), the Organiser, as an income taxpayer shall declare that they shall settle the due income tax with the public administration authorities on the territory of Poland with their own funds, that means the User shall not be obliged to settle such income tax prior to the receipt of the prize, subject to section 5.12, section 5.13 and section 5.14. As regards the provisions of the sentence hereinabove, the Organiser declares that the User's Contest income in the instance of a material prize is the value of such prize and the income tax amount, which the Organiser as an income taxpayer, shall pay with their own funds for the benefit of the public administration authorities on the territory of Poland, on behalf of the User.
Should the material prize be exchanged for its monetary equivalent, the value of the Contest winning, which shall be given to the Contest User shall constitute the difference between the value of the material prize equivalent established in accordance with the provisions of the Regulations and the amount of income tax (should it be subject to income tax on the territory of Poland), which shall be deducted from the prize amount by the Organiser and settled by the Organiser, as an income tax payer, with the public administration authorities.
The Organiser declares that should the Contest winning (material or its monetary equivalent) be subject to taxation in the country of the User's residence (at the User’s tax residence), the User shall be obliged to file a relevant tax return with the tax authorities at the country of their tax residence and to settle the income tax on their own. The Organiser shall in no manner cover the tax and shall not conduct settlement on behalf of the User in the User's tax residence country, regardless of the nature of the prize (material prize or its monetary equivalent). The obligation to settle the income tax in the User’s tax residence country does not affect the obligation to settle income tax on the territory of Poland, subject to section 5.14.
The Organiser declares that for the purposes of tax on the Contest winnings the provisions regarding personal income tax, that is the provisions of the Act of 26 July 1991 on personal income tax (consolidated text: Journal of Laws of 24.06.2021, item 1128, as amended) binding on the territory of Poland and international Agreements shall apply. The User shall be obliged to provide all and any necessary documents and data in order to apply, as regards income tax on the Contest winning, to a relevant international Agreement.
In the instance of territorially open contests, when the Winner resides outside the countries such as US/Canada/ European Union states, the Organiser reserves the right to exchange the prize for a monetary equivalent in the instance of a risk of arising of problems regarding posting the prize to the country of residence of the Winner. The cash prize shall be transferred to the Winner via the PayPal system.
In the instance referred to in section 5.13, the monetary equivalent shall be established as the prize price provided by the US producer and in the instance of an absence of such price, the lowest purchase price of the Prize available at Amazon.com.

§6 THE SUBMITTING AND RECOGNISING CLAIMS

Any potential claims by the Contest Users may be submitted via an email within 7 working days of the day of the Contest results announcement. The claim shall be sent via an email to support@gemstonelegends.com. After the lapse of this term, claims shall not be recognised.
A Claims Committee of three, determined by the Organiser shall be appointed to recognise claims. The person submitting a claim shall be notified of the Committee’s decision via an email to the address from which the claims mail was sent. The Committee's decision regarding the claim is final and is non-appealable.
Exercising the claims procedure is voluntary and does not exclude nor limit the availability of pursuing claims by the Users by way of court proceedings, before a competent common court. All and any disputes arising from the Contest or provisions hereof shall be settled by a competent court for the seat of the Organiser.

§7 FINAL PROVISIONS

The Organiser reserves the right to change these Regulations for legitimate reasons indicated hereinbelow:
1. if the changes to the Regulations are necessary due to the change of the provisions of the binding law or should a provision of the Regulations be deemed unlawful – respectively within this scope,
2. implementation of the obligation arising from a final decision of a court or decisions by administrative authorities.
To matters not settled herein, appropriate provisions of the laws apply. These Regulations are subject to the laws effective in the Republic of Poland.
The Organiser’s decisions are final and are non-appealable.
Contest cancellation – should the number of participants not exceed 100 people, the Organiser is entitled to cancel the Contest.