GENERAL ONLINE TOURNAMENT RULES
Major League Gaming, Inc. (“Major League Gaming” or “MLG” or “Sponsor”), which also encompasses "GameBattles", will conduct online tournaments (each a “Tournament”) in accordance with these official rules, unless otherwise indicated. With respect to each specific Tournament, more detailed rules, Tournament start and end dates, description of prizing and other Tournament-specific information may be provided at the time of each Tournament. By participating in a Tournament, each participant agrees to abide by these rules and decisions of judges, which shall be final and binding in all respects.
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.
The prize(s) that may be awarded to the eligible winner(s) is limit one prize package per winner. A description of the 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. Winner assumes all liability for use of the prize.
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. Winner is required to follow the instructions in the email and/or PM within five (5) days of notification. Winner is required to sign and return via fax, 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 prior to receipt of prize. Within fourteen (14) days of first notification attempt, if winner cannot be contacted, or does not follow the instructions in the email and/or PM, or does not fax in complete and correct forms, or winner rejects his/her prize or in the event of noncompliance with these Official Rules and requirements, such prize will be forfeited.
3. Eligibility and Limitations.
Unless otherwise specified for an individual Tournament, all participants must be legal residents of the United States, Mexico or Canada 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 permitted to receive a prize. Only one (1) prize per household per Tournament. 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.
VOID IN ARIZONA, CONNECTICUT, MARYLAND, QUEBEC 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 winner is solely responsible for any and all applicable taxes. MLG or the Sponsor are not responsible for any unspecified expenses which shall be the responsibility of winners. Any person winning 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.
Any controversy, claim or dispute arising out of or relating to this Tournament shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Rules including Emergency Interim Relief Procedure in New York, New York, except that, to the extent any participant, winner or guest has in any manner violated or threatened to violate MLG or the Sponsor’s intellectual property or confidentiality rights, MLG or the Sponsor may seek injunctive, monetary or other appropriate relief in any state or federal court in the state of New York (and MLG or the Sponsor may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
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, 3 Park Ave, 32nd Floor, New York, NY 10016.
Sponsor: Major League Gaming Inc.
3 Park Avenue
New York, New York 10016