GENERAL ONLINE TOURNAMENT RULES
Terms of Service: https://accounts.majorleaguegaming.com/terms_of_service
THESE OFFICIAL RULES MAY BE UPDATED AND MODIFIED AT ANY TIME, FOR ANY REASON. RULINGS MAY BE MADE OUTSIDE THE SCOPE OF THESE OFFICIAL RULES IN ORDER TO PRESERVE FAIR PLAY AND TOURNAMENT INTEGRITY. PARTICIPATION IN A TOURNAMENT CONSTITUTES YOUR FULL AND UNCONDITIONAL AGREEMENT TO THESE OFFICIAL RULES AND MLG’S DECISIONS, WHICH ARE FINAL AND BINDING IN ALL MATTERS AND IN ALL RESPECTS. WINNING A PRIZE IS CONTINGENT UPON FULFILLING ALL REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES.
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 10 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: You 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. 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, 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.
3. Requirements of Potential Winners and Limitations.
Unless otherwise specified for an individual Tournament, all participants must be legal residents of the United States 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 ARIZONA, CONNECTICUT, MARYLAND 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 YOU (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 YOU. IN SUCH JURISDICTIONS, SPONSOR'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
By participating, all participants and winner(s) grant MLG and the Sponsor permission to use their names, nick-names, gamer-tags, characters, photographs, voices, and likenesses in connection with promotion of this and other Tournaments, in perpetuity, throughout the world, and waive any claims to royalty, right, or remuneration for such use, except where prohibited.
By participating, each participant and winner waives any and all claims of liability against the Sponsor, MLG, its employees, its volunteers, its parents, subsidiaries, affiliates, subsidiaries, suppliers, and related companies, its sponsors, adverting and promotion agencies and partners, and any of their respective officers, directors, employees, representatives, and agents , from any and all liability for any loss, harm, damages, cost or expense, including without limitation property damages, personal injury and/or death, arising out of participation in any Tournament or the acceptance, use or misuse of the prize. If any part of these Official Rules shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Official Rules and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. The failure of MLG or the Sponsor to partially or fully exercise any rights or the waiver by MLG or the Sponsor of any breach of these Official Rules by you, shall not prevent a subsequent exercise of such right by MLG or the Sponsor or be deemed a waiver by MLG or the Sponsor of any subsequent breach by you of the same or any other term of these Official Rules. The rights and remedies of MLG or the Sponsor under these Official Rules shall be cumulative, and the exercise of any right or remedy shall not limit a right to exercise any other right or remedy hereunder.
In case of dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at the time of registration. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
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. MLG or the Sponsor are not responsible for any unspecified expenses which shall be the responsibility of winners. 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.
8. 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.
10. Arbitration and Governing Law.
1. In an effort to accelerate resolution and reduce the cost of any dispute, you 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 your billing address and email you a copy to the email address you have provided to Administration.
3. You will send their notice to MLG at Major League Gaming Corp., 250 Hudson Street, 6th Floor, New York, New York 10013, Attn.: Legal Department.
C. Binding Arbitration:
1. If a dispute cannot be resolved through negotiations, either you 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. YOU SHOULD REVIEW THIS PROVISION CAREFULLY. THIS ARBITRATION PROVISION LIMITS YOUR AND MLG’S ABILITY TO LITIGATE CLAIMS IN COURT AND YOU 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 your 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. You or MLG can request the stay be lifted upon a showing of prejudice. Your arbitration fees and your 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. Your arbitration fees and your 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 you for the MLG Service under the Terms of Service for Major League Gaming, available at https://accounts.majorleaguegaming.com/terms_of_service.
D. Arbitration Procedures:
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.
E. Class and Collective Action Waiver:
1. You and MLG agree that any arbitration or court proceeding shall be limited to the dispute between MLG and you individually.
2. You acknowledge and agree 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 you 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) you 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, you 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.
F. Location of Arbitration: All arbitrations shall be initiated in the County of New York, State of New York, United States of America, and you and MLG agree to submit to the personal jurisdiction of any federal or state court in New York County, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
G. Awards: Any and all claims, judgments and awards shall be limited as set forth in these Official Rules in Section 10.
H. Right to Opt Out and Changes to this Section: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Major League Gaming Corp., Attention: Legal, 250 Hudson Street, 6th Floor, New York, New York, 10013. The notice must be sent within 30 days of your agreement to these Official Rules. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, MLG also will not be bound by them. MLG will provide 60-days’ notice of any changes to this section (Section 10). Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
11. Use of Data.
12. Rules and List of Winners.
For a copy of the rules, or a list of winners, please send your 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