*Final prize is calculated based on the value of credits redeemed for tournament entry. If 2-6 teams participate, neither team will receive credits back as a prize. If 7-15 teams participate, 2nd place will receive credits back. If 16+ teams participate, 1st and 2nd place teams will receive their credits back.
GENERAL ONLINE TOURNAMENT RULES
Terms of Service: https://accounts.majorleaguegaming.com/terms_of_service
THESE OFFICIAL RULES AND ALL DISPUTES RELATED TO OR ARISING OUT OF YOUR PARTICIPATION IN A TOURNAMENT ARE GOVERNED BY A BINDING ARBITRATION CLAUSE IN SECTION 11 BELOW AND A WAIVER OF CLASS ACTION RIGHTS. THAT CLAUSE AFFECTS YOUR LEGAL RIGHTS AND REMEDIES, AND YOU SHOULD REVIEW IT CAREFULLY BEFORE ACCEPTING THESE OFFICIAL RULES.
VOID WHERE PROHIBITED.
1. Description of Tournament/Participation.
A. Dates of Tournament: The Tournament will be conducted beginning and ending on the dates provided by MLG for each individual Tournament.
B. How to Enter: Participants (“Participants”) must be an active and registered member of the GameBattles.com site (the “GameBattles Site”) to enter. You may register for the Tournament by logging on to the GameBattles Site and completing the free on-line registration form at https://accounts.majorleaguegaming.com/account/new. Tournament registration is on a first come first serve basis and is open until all applicable Tournament spots are filled. One entry per person per Tournament. Valid Tournament entries must contain all information requested. Incomplete and/or multiple entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor not responsible for lost, late, incomplete, misdirected or incomplete entries.
2. Acceptance of these Official Rules.
Each Participant must agree to these Official Rules to participate in the Tournament. Participant may accept these Official Rules by either of the following methods:
3. Potential Winners of Prize(s).
Potential winners (“Potential Winners”) must comply with these official rules and winning is contingent upon fulfilling all requirements. Potential Winners shall have no right to any prize unless the conditions set forth in these and any other applicable rules are satisfied. Potential Winners will be notified via Email and/or Private Message (PM) on the GameBattles Site within approximately seven (7) days after the end of the Tournament. Each Potential Winner is required to follow the instructions in the email and/or PM within five (5) days of notification. Each Potential Winner of a prize will be required to fill out and sign via RightSignature[CT1] , within seven (7) days of receipt, an Affidavit of Eligibility and Liability/Publicity Release Form, applicable Parental Consent Form, as well as applicable Tax Forms in order to be eligible to claim a prize. Following the Sponsor’s verification of eligibility and compliance with the terms of these rules, the Potential Winner will be declared the winner of the prize. If a Potential Winner cannot be contacted, does not respond, or fails to sign and return the required documentation within fourteen (14) days of the first notification attempt, the Potential Winner forfeits his or her eligibility to claim a prize.
Potential Winners are limited to one prize package per Tournament. A description of the potential prizes, if any, will be provided for each individual Tournament. Prizes are non-transferable and not exchangeable for any other prize. In the case of unavailability of prize, Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value. All taxes, gratuities and unspecified expenses are the sole responsibility of winner. Potential Winners who are eligible for award of a prize assume all liability for use of the prize.
4. Requirements of Potential Winners and Limitations.
Unless otherwise specified for an individual Tournament, all Participants must be legal residents of the United States (subject to the restrictions below) and at least 13-years old as of date of entry. Children under 13 are not permitted to register on this Site or for any Tournaments, and Sponsor will not knowingly collect information from children under age 13. If requested by MLG, winners must provide a copy of his/her government issued photo ID with proof of age. A parent or guardian of any Participant who is a minor in his/her jurisdiction (under 18 years old, except in Alabama and Nebraska where a minor is under 19 years old) must sign a release on behalf of the minor to be eligible to receive a prize. Minors who do not have a signed release will not be eligible to receive a prize. Employees of the Sponsor, the Tournament's participating sponsors and their advertising agencies, and members of the immediate family of any such persons are not eligible to participate and win. Eligibility to receive a prize is contingent upon fulfilling all requirements set forth herein.
VOID IN AR, AZ, HI, LA, MD, TN, WA AND WHERE OTHERWISE PROHIBITED BY LAW.
MLG or the Sponsor are not responsible for any incorrect or inaccurate information, whether caused by users of the Site or by any of the equipment or programming associated with or utilized on the Site or in any Tournament or by any technical or human error, which may occur in the processing of registrations, entries into any Tournament, or otherwise in connection with any Tournament including, without limitation, any technical limitation or other event that results in the disqualification or loss of ranking status of any Participant in any Tournament. MLG or the Sponsor assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure relating to the Site or any Tournament, or for any theft or destruction of or unauthorized access to, or alteration of, any registration materials or entries. MLG or the Sponsor are not responsible for any problems or technical malfunction of any telephone, network, satellite, cable or lines, computer, on-line-systems, servers or providers, computer equipment, software, failure of e-mail, registrations or entry submissions on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof in connection with the Site or any Tournament, including, without limitation, any technical limitation or other event that results in the disqualification or loss of ranking status of any Player in any Game. MLG or the Sponsor are not responsible for injury or damage to Participants' or to any other person's computer related to or resulting from participating, downloading or uploading materials from the Site or in connection with any Tournament. Any use of robotic, automatic, micro, programmed or like entry methods will void all such entries by such methods, and disqualify any person using such methods. If, for any reason, any Tournament, in Sponsor's sole opinion, is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MLG or the Sponsor which, in MLG or the Sponsor's judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of any Tournament, MLG or the Sponsor reserve the right in their discretion to cancel, terminate, modify or suspend the Tournament and proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion.
IN NO EVENT WILL SPONSOR, MLG, ITS EMPLOYEES, ITS VOLUNTEERS, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AND RELATED COMPANIES, ITS SPONSORS, ADVERTISING OR PROMOTION AGENCIES OR PARTNERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND UNDER ANY THEORY (WHETHER CONTRACT, TORT, WARRANTY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR TOURNAMENT PRIZES, ARISING OUT OF ANY PARTICIPANT'S ACCESS TO AND USE OF THE SITE OR PARTICIPATION IN ANY TOURNAMENT OR (B) FOR ANY DAMAGES OF ANY KIND IN EXCESS OF ANY FEE PAID BY PARTICIPANT (IF ANY) TO ENTER THE APPLICABLE TOURNAMENT. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND IN CONNECTION WITH ANY TOURNAMENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO PARTICIPANT. IN SUCH JURISDICTIONS, SPONSOR'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
By participating, all Participants and Potential Winner(s) grant MLG, its parent, affiliates, subsidiaries, Tournament sponsors and their respective licensees, designees and assigns, a royalty free, fully paid-up, perpetual , irrevocable, non-exclusive right and license (with the right to grant sublicenses), throughout the universe, in any and all manner and media now or hereafter devised, to: (i) use their names, nick-names, pseudonym, persona, gamer-tags, characters, photographs, voices, biographical material and likenesses and to use the same in any manner or media now or hereafter known, in connection with the Tournament, other tournaments, MLG’s services and the advertising and promotion thereof, including, without limitation, in all forms of television, online, radio and other advertisements, promotions and publicity for MLG, the Tournament, other tournaments and other audio-visual works (collectively “Materials”); (ii) broadcast, reproduce, distribute and exhibit such photographs, films and/or recordings, the Tournament and/or the Materials, in any manner whatsoever, by any and all means, media, devices, processes and technology now or hereafter known or devised anywhere in the universe in perpetuity; (iii) edit, modify, adapt, make derivative works from, copyright and otherwise exploit any of the foregoing; (iv) use and display their names and all derivatives thereof (including all professional names, team names, gamer tags, nicknames or aliases), images, likenesses, biographical material, logos, trademarks and designs, in and in connection with the exploitation of the Tournament, the Materials, MLG and any derivative works, including the marketing and promotion thereof; and (v) use and display any name, trademarks and logos of any sponsor of a team (hereinafter, a “Team Sponsor”), in and in connection with the exploitation of the Tournament, the Materials, MLG and any derivative works, including the marketing and promotion thereof. For the avoidance of doubt, the rights granted herein include any and all necessary rights and licenses MLG may need to effectuate the terms of the rights granted. Participant acknowledges that his/her appearance or participation in the Tournament or any event related thereto shall not constitute a performance and that Participant shall not be entitled to any compensation for such appearance, nor to any guild or union payments for use or reuse of such appearance. If Participant is a Team Owner, Participant acknowledges that he/she has obtained all necessary permissions and clearances with respect to the trademarks and logos of any Team Sponsor and MLG’s exploitation of the Tournament, Materials and/or any trademarks and logos of any Team Sponsor, as set forth in these Official Rules, shall not violate any such permissions or clearances nor the rights of any Team Sponsor.
Each Potential Winner who has satisfied the required contingencies to become eligible for the award of a prize is solely responsible for any and all applicable taxes on such prize. Participants are responsible for any and all costs and expenses associated with their prize that are not specifically set forth herein. National, state and local taxes, including VAT taxes which are associated with the receipt or use of any prizes are the sole responsibility of the Participant. . Any person receiving over $600 in prizes from MLG or the Sponsor will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
9. Conduct and Decisions.
By participating in the Tournament, Participants agree to be bound by the decisions of MLG, its Employees, its Volunteers, Judges, Sponsor, and Sponsor’ personnel. Participants must conduct themselves in a reasonable manner, maintaining a friendly and polite demeanor to competitors, Tournament officials, and to other participants of the Tournament. Participants who violate any rule, gain unfair advantage in participating in the Tournament, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. MLG or the Sponsor will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Tournament and MLG or the Sponsor's decisions concerning such disputes shall be final. If the conduct or outcome of the Tournament is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of MLG or the Sponsor, the Company reserves the right to terminate this Tournament, or make such other decisions regarding the outcome as MLG or the Sponsor deem appropriate. MLG or the Sponsor reserve the right, in their discretion, to disqualify any individual found (a) to be tampering with the registration or entry process or the operation of the Site or any Tournament; (b) be acting in violation of these Official Rules; (c) to be hacking, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (d) to have provided any false or misleading information as part of the registration process including, without limitation, any false names, addresses or e-mail addresses. All decisions will be made by the Sponsor and are final. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS TOURNAMENT, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE TOURNAMENT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MLG OR THE SPONSOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPATE TO THE FULLEST EXTENT PERMITTED BY LAW.
If for any reason, any Tournament, in MLG or the Sponsor's opinion, is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MLG or the Sponsor which, in the their judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of any Tournament, MLG or the Sponsor reserve the right in their discretion to cancel, terminate, modify or suspend the Tournament and proceed in such a manner as may be deemed fair and equitable by MLG or the Sponsor in their discretion.
11. Dispute Resolution and Governing Law.
1. In an effort to accelerate resolution and reduce the cost of any dispute, Participant and MLG agree to first attempt to negotiate a resolution of any dispute informally for at least thirty (30) days before either party initiates any arbitration.
2. Negotiations will begin upon receipt of written notice by the party raising the dispute. MLG will send its notice to Participant’s billing address and email Participant a copy to the email address Participant provided to MLG.
3. Participant will send his/her notice to MLG at Major League Gaming Corp., 250 Hudson Street, 6th Floor, New York, New York 10013, Attn.: Legal Department.
1. If a dispute cannot be resolved through negotiations, either Participant or MLG may elect to have the dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.
2. PARTICIPANT SHOULD REVIEW THIS PROVISION CAREFULLY. THIS ARBITRATION PROVISION LIMITS PARTICIPANT’S AND MLG’S ABILITY TO LITIGATE CLAIMS IN COURT AND PARTICIPANT AND MLG EACH AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
3. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or Participant’s participation in the Competition shall be finally settled by binding arbitration.
4. The arbitration shall be commenced and conducted by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, which are available at the JAMS website (http://www.jamsadr.com) or by calling JAMS at (800) 352-5267. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Handbook, including, but not limited to any claim that all or any part of this Handbook are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
5. Where any action includes claims that are arbitrable and claims that are not, the entire action shall be stayed, absent a showing of prejudice to the complaining party, pending the completion of the arbitration of the arbitrable issues. Participant or MLG can request the stay be lifted upon a showing of prejudice. Participant’s arbitration fees and Participant’s share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures.
6. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
7. Participant’s arbitration fees and Participant’s share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, MLG will pay the additional cost.
8. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to Participant for the MLG Service under the Terms of Service for Major League Gaming, available at https://accounts.majorleaguegaming.com/terms_of_service.
1. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party.
2. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation. The parties understand that the right to discovery may be more limited in arbitration than in court.
1. Participant and MLG agree that any arbitration or court proceeding shall be limited to the dispute between MLG and participant individually.
2. Participant acknowledges and agrees that: (i) a claim by, or on behalf of, other persons, will not be considered in, joined with, or consolidated with, the arbitration proceedings or any court proceedings between Participant and MLG; (ii) there is no right or authority for any dispute to be arbitrated, adjudicated, or resolved through court proceedings on a class-action basis or to utilize class action procedures; and (iii) Participant will not have the right to participate as a class representative, private attorney general, or as a member of any class of claimants for any dispute subject to arbitration or any dispute brought in court. Any dispute regarding the prohibitions in the prior Sections shall be resolved by the arbitrator in accordance with this Section.
3. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, Participant agree that the parties’ contract to arbitrate is then void, and any ongoing or future dispute will be submitted to a court of competent jurisdiction within the County of New York, State of New York, United States of America, to the exclusion of arbitration. Any dispute at that time in arbitration will be dismissed without prejudice and refiled in a court.
11. Use of Data.
12. Rules and List of Winners.
For a copy of the rules, or a list of winners, please send a request within thirty (30) days of the end of the Tournament by mail with a stamped, self-addressed return envelope with Tournament name and addressed to: Major League Gaming c/o GameBattles Tournaments, 250 Hudson Street, 6th Floor, New York, NY 10013.
Sponsor: Major League Gaming Corp.
250 Hudson Street
New York, New York 10013