Hi. While reading some books bundled with Guild Wars game, I got an idea for a fan made game, regarding Serpents. I plan to start a project in Unity, after that, email Arena.Net the link for the video with the game, requesting the use of some characters, races and architectural art refferences.
Here is their content term of use:
https://www.guildwars2.com/en/legal/guild-wars-2-content-terms-of-use/

I wish to make this game completely free (no profit) , open source, so the community could actively participate in its development.

The problem is, making it open will rise or lower the chances of content aprooval ?

Will showing them a game demo increase the chances of aprooval ?

There is another problem regarding how much I ask. If I ask too much, they might refuse to aproove all that I ask. I could prioritize the races.

The game uses original game mechanics, so it could not be considered a clone. It's more of a mix of god game and hack n slash.
If I make it open source, it is a good idea to put it in an open repository on GitHub ?

Yes...I know that I could make that game without touching the Guild Wars 1/2 lore, but the goal of the project is to involve the Guild Wars 1/2 community in a creative process. I see tons of artworks in forums, in Fan generated content, however they have just a few views, compared to other sections. This project could engage some community artists, giving them more notoriety. Ultimately, it is a tribute to the game series.

So, how could I increase my chances of getting aprooval ?

Based on the Terms of Use you linked to, it looks like they would not allow a game to be created based on their IP, irregardless of whether or not it is commercial.

4. I think he is wondering if asking too many questions will lower his chances. I would think that the bigger your demands/requests are, the harder it will be to get an acceptance.

I think I could make the demo without including any copyrighted elements. After that, I show them the demo, asking for things. I think that asking for usage of races (Charr, Norn,Sylvari, Asura) and continent refferences (Tyria) should be enough.

So...making it closed source could rise my chances. In this case, the community could still participate. Instead of downloading the source dirrectly, they ask to join the development team and get the source after that (if admitted)
If Arena.Net won't accept, then I could simply continue working on the game without using their copyrighted stuff.
So...closed source could give higher chances of aprooval than open source...

Open source is probably impossible since the definition of open source (IIRC) includes the rights for anyone to clone/fork your project and do their own take on it. They would probably want to be in some form of control of how you use their IP. There is also shared source, which means you provide the source code and possibly accept patches etc, without giving people the right to fork your code/project. It's difficult to know their preferences though.

Also note that typically fan-made content does not have the express permission of the content owner.

It is a difficult legal area. If they explicitly grant you permission then they cannot control whatever you do. With that permission it could be interpreted as the ability to generate a product that competes with them.

Even if your product today does not compete and is just a fun little fan project, that doesn't mean that two or three or five years from now it won't be a project that competes against theirs. Someday they will notice there is a project that uses their name, looks like theirs, takes place in the same world, and is not making them any money. That's when the C&D order will come out. And if you have a written waiver granting you permission to use their IP, then they are in a sad place. Most lawyers are smart enough to see that in the distance.

So your official answer is almost certainly going to be "no" unless you are negotiating a paid license. It is not in the company's interest to grant you a waiver to use their content.

The options are either that the company sends out C&D orders routinely, or that they quietly encourage it without explicit permission. Even when a company distributes modding toolkits they licence is very clear that you are not authorized to use any of the company's IP, but they don't usually enforce it. Sometimes people who monitor the company's forums or social websites might complement the fan-made content, but you are unlikely to ever officially be given the company's blessing to use their content.

But if you use elements recognisable by players-is this ok? I mean something like Arena.Net done with GW1 content in GW2. Players find unnamed ruins in gw2. The ones who played the first gw do recognise them. In other words- would indirect refferences to the original game put you in trouble ? The same as with Charrs. In Everquest Next, we find out that Kerrans are actually the same thing, but with slightly different aspect.

If I use some stuff as placeholders before getting permission, or avoid naming things, giving the players clues instead- will this work ?