Twitch Rivals: Road to TwitchCon ft. Fortnite Zero Build - Part 1
1. INTRODUCTION.
These General Terms & Conditions apply to, and are a part of, the Official Rules. In the event of a conflict between the Tournament Specific Terms and these General Terms & Conditions, the Tournament Specific Terms will control first then these General Terms & Conditions, with the understanding that every effort will be made to read such terms in congruity with each other. These General Terms and Conditions are a binding agreement between Twitch, the Players (as defined below) and their Teams (if applicable) and govern the provision of the services performed by Players and Teams in connection to their participation in the Tournament.
Each person who participates in the Tournament is referred to as a “Player”. Subject to eligibility requirements set forth in the Tournament Specific Terms, if the Player is under the age of majority in his or her state or country of residence (a “Minor”), such Minor Player represents and warrants that they have received permission from his or her parent or legal guardian to register for and participate in the Tournament, and all references to “Player” shall include that Minor Player’s parent or legal guardian. Each Player unconditionally accepts and agrees to comply with and abide by the Official Rules and the decisions that Twitch and the other Tournament Organizers make about the Tournament, including without limitation decisions about how to interpret or implement these Official Rules and administer the Tournament, and such decisions shall be final and binding in all respects and not subject to challenge or appeal.
Any aspects of the Tournament or incidents that affect the Tournament that are not outlined in these Official Rules may be addressed and resolved by Twitch and the other Tournament Organizers at the time of the incident and their decisions on such matters shall be final and binding and not subject to challenge or appeal. The Official Rules are subject to change, as determined by Twitch and the Tournament Organizers in their sole discretion. The most recent version of the Official Rules will be posted on the Tournament Website, and Twitch or the Tournament Organizers may also use other means to communicate with those Players who have registered for the Tournament using the contact information associated with their account or provided during registration. If a change would affect a Player’s place or standing in the Tournament if they were applied retroactively, that change will be applied only prospectively unless Twitch or the Tournament Organizers determine in their sole discretion that such changes must be applied retroactively for legal or other reasons. Entry into the Tournament does not constitute entry into any other tournament, competition, contest or sweepstakes.
The Official Rules were drafted in English, but may be translated into other languages. In the event of any conflict or inconsistency between any translated version of the Official Rules and the English version of the Official Rules, the English version shall prevail, govern and control to the extent permitted by law.
2. GENERAL DEFINITIONS.
Game – a single Title Game competition between Players or Teams, as applicable.
Match – a phase of competitive gameplay involving multiple Games, as further described in the applicable Tournament Format.
Player – each person who participates in a Tournament.
Team – if applicable, a group of Players who compete in the Tournament together as a unit. Additional Team requirements, if any, are specified in the Tournament Specific Terms.
Tournament Entities – Twitch, the Tournament Organizers, Sponsors, Publishers, and each of their respective parent, subsidiary and affiliated entities, vendors, agents, and representatives, and the officers, directors and employees of all of the foregoing.
Tournament Organizers – Twitch, any entity involved in supplying or fulfilling prizes, and any other entity involved in implementing, producing or managing the Tournament, in whole or in part.
Winner or Winning Team – the Player or Team, as applicable, that places in the Tournament as set forth in Section 6 (Prizes) of the Tournament Specific Terms and that is officially declared the Winner as set forth in Section 8 of the General Terms & Conditions (General Prize Restrictions).
3. GENERAL ELIGIBILITY AND PLAYER EQUIPMENT REQUIREMENTS.
All Players must be legal residents of the Eligibility Area and must meet the other eligibility requirements specified in the Tournament Specific Terms. Players must be able to provide proof of eligibility. Potential Winners will ultimately need to provide proof of residency and tax form information as a condition to their eligibility to receive any prizes. See Section 8 of the General Terms & Conditions (General Prize Restrictions) for more information.
Each Player will be required to sign up as a member of the Tournament Website. Players may be required to have a Twitch account, or may be required to register for an account with the Tournament Website, in order to participate in the Tournament. Each Player will be known publicly by his or her real name, or gamertag or other name they use in the Title Game or otherwise choose a user name (in either instance, the “User Name”). Each Player represents and warrants that their User Name and Team Name and logo, if applicable, will not violate or infringe upon the trademark, copyright, publicity rights or other intellectual property or other rights of any other person or entity and will otherwise comply with and hereby agrees to the terms of the Code of Conduct described in Section 6.
Subject to the eligibility requirements in the Tournament Specific Terms, any Player who is a Minor must get permission from his or her parent or legal guardian to enter. The form of that permission will be determined by the Tournament Organizers in their sole discretion. In addition, if a Minor is going to physically travel to a particular Tournament location, he or she must be accompanied by a parent or legal guardian at that Tournament location, and the Tournament Organizers may require additional proof that the Minor has permission from his or her parent or legal guardian to participate. The form of that additional proof will be determined by the Tournament Organizers in their sole discretion.
The Tournament is void outside of the Eligibility Area and where prohibited by law.
Officers, directors and employees of the Tournament Organizers, and each of their immediate family members (spouses and siblings, parents and children and their spouses), and governmental officials of any country in the Eligibility Area are not eligible to participate in the Tournament without express advance written permission from Twitch.
Players must have access to the Internet and supply their own equipment needed to participate in the Tournament, including, without limitation: monitors, computers or consoles, controllers, headphones and headsets, cables and a copy of or authorized access to the Title Game and valid access to the game servers that will be used and the Title Game levels that will be played in the Tournament, as applicable (collectively, “Player Equipment”).
During Tournament play Players may not bring, use, or wear any headsets, earbuds, microphones or other Player Equipment other than those approved of or provided by the Tournament Organizers. Player Equipment that is suspected by the Tournament Organizers of providing an unfair competitive advantage will not be approved for use. At their discretion, Tournament Organizers may disallow the use of any individual piece of Player Equipment for reasons related to Tournament security, operational efficiency, fairness or effectiveness.
Each Player is responsible for obtaining any visas or other travel documentation needed to participate in the Tournament or any in-person event in connection with the Tournament and the costs thereof shall be borne by the Player or their Team, if applicable.
If applicable, the following applies to any Team(s) in a Tournament:
Each Player on a Team must satisfy all eligibility requirements set forth herein for Players, and each such Team Player must register with the Tournament Website or Twitch Website, as applicable, in order to be considered a member of the applicable Team. During the registration process, one Team member must list the User Names of all Team members or otherwise deliver the list of Team members as specified by the Tournament Organizers. The Team member who registers on behalf of the Team will be known as the “Team Captain”. In the event a Team progresses to further rounds of the Tournament, the Tournament Organizers will attempt to notify the Team through its Team Captain.
Each member of the Team, including the Team Captain, shall be deemed to have jointly and severally made and entered into all of the representations, warranties and agreements contained herein and shall be jointly and severally obligated and bound thereby. The person registering a Team on behalf of other Players warrants and covenants that they have, and will maintain, sufficient power of representation to bind all Players to these Official Rules for the duration of the Tournament. Except as otherwise expressly set forth herein, all of the Tournament Organizers’ rights pursuant to the Official Rules relate to and are exercisable against the Team as a whole and each individual member of a Team. If any right of disqualification arises as to any individual member of a Team, then the right of disqualification may be exercised either as to such individual member of a Team, or to the Team as a whole, as the Tournament Organizers may elect in their sole discretion. If the Tournament Organizers elect to disqualify fewer than all members of a Team, then the remaining Players shall continue to be bound by the Official Rules, and if permitted in the sole discretion of the Tournament Organizers, the Team may replace the disqualified Player(s) (even if the disqualified Player was the Team Captain) with a new eligible Player and continue to compete under the same name if each disqualified Player promptly signs any writing deemed necessary by Tournament Organizers to permit his or her former Team member(s) to continue to participate in the Tournament using the Team’s name, or under a new name if permitted in the sole discretion of the Tournament Organizers. Any Team member who elects to end his or her participation in the Tournament, and/or is disqualified from the Tournament, will not be permitted to “re-register” to participate in the Tournament in any capacity.
For clarification and the removal of doubt, the Official Rules do not govern Team relationships. The terms of the relationship between Players and their respective Teams are left to each of the Teams and their Players. However, note that any disputes that arise between Team members may be grounds for disqualifying the applicable Team or any of its Team members, as determined by the Tournament Organizers in their sole discretion.
No owner of a Team, or manager of a Team, or if a Team is owned by a corporate entity, no parent, subsidiary or affiliate of such corporate entity, may directly (e.g., ownership) or indirectly (e.g., a contractual arrangement) own or control more than one Team within the Eligibility Area in the Tournament.
Please note that Twitch may require a Player or a Team, as applicable, to execute and deliver “Winner Forms” (as defined in Section 8 of the General Terms & Conditions (General Prize Restrictions)) at any time during the Tournament, including as a condition of participating in a particular Match or phase of the Tournament.
4. REGISTRATION INFORMATION / DATA PROTECTION.
Instructions about how to register as a Player or Team will be provided by the Tournament Organizers. Your registration information will be collected and used by Twitch Interactive, Inc. as data controller, for purposes of (i) running the Tournament and fulfilling any prize; (ii) communicating with Players and Teams about the Tournament; and (iii) complying with relevant laws and regulations, in any event in accordance with the privacy policy posted on the Tournament Website and, notwithstanding anything to the contrary stated therein, such information will be shared with Twitch and used by Twitch (the data controller) for the purposes of administering the Tournament in accordance with the Privacy Notice (https://www.twitch.tv/p/en/legal/privacy-notice/) and Terms of Service (https://www.twitch.tv/p/en/legal/terms-ofservice/) (the “Twitch Policies”) posted on www.twitch.tv (the “Twitch Website”), which are incorporated herein by this reference. By registering for and/or otherwise participating in the Tournament, each Player acknowledges the collection, transfer, storage and processing of his or her information to and in the United States and/or to other countries outside the Player’s country of residence, including outside of the European Union. Such other countries may not have privacy laws and regulations that provide a similar level of protection than those of the country of Player’s residence. Such transfers will be effected on the basis of specific safeguards and additional measures, as necessary, and for the purposes set out in the Twitch Privacy Notice.
By participating in the Tournament, you acknowledge that you have read, understood and agree to be bound by the Twitch Policies. Please review the Twitch Policies carefully before participating in the Tournament. In the event of a conflict or inconsistency between the terms of the Official Rules and the terms of the Twitch Policies, the terms of the Official Rules shall prevail, govern and control. Notwithstanding anything to the contrary in the Twitch Policies, Twitch may share Player information with the Tournament Entities, who will use such information to the extent needed to perform their duties and functions in connection with the Tournament or otherwise in accordance with their own independent privacy practices. In addition, Twitch may engage third party application providers and other vendors to administer certain aspects of the Tournament, including without limitation, the online collection of Player information. Such third parties will provide your personally identifiable information to Twitch and the other Tournament Entities and use your information for their own independent purposes in accordance with their own independent privacy practices. Twitch is not responsible for the storage or any use of your entry information by such third parties or the Tournament Entities.
5. PLAYER APPEARANCE RELEASE.
THIS SECTION APPLIES TO ALL PLAYERS EXCEPT PLAYERS WHO ARE RESIDENTS OF FRANCE OR SPAIN. THE TERMS APPLICABLE TO FRENCH OR SPANISH PLAYERS ARE SEPARATELY STATED BELOW.
By participating in the Tournament, each Player hereby irrevocably grants the Tournament Entities and each of their respective licensees, successors and assigns, permission to stream, film, photograph and record the Player’s performance in the Tournament itself and in other Tournament-related activities, including the Player’s name, User Name, Team name and logo, avatar, gamertag or equivalent, voice, statements, likeness and other personal characteristics, information and so-called publicity rights as they appear therein (collectively, the “Appearance”) and the right, but not the obligation, to distribute, exploit or otherwise use such Appearance, in whole or in part, in any and all media, now known or, to the extent permitted by applicable law, hereafter devised, throughout the Universe in perpetuity (except for Player’s who are known to be residents of Italy, which will expire within 5 years from date of participation), for any purpose, including but not limited to, advertising, marketing and promoting the Tournament, the Twitch Website, the Tournament Website, the Title Game, the Tournament Entities and future tournaments. If Player is resident in the United Kingdom or the European Union, except where expressly stated otherwise, Twitch does not process Player’s personal data on the basis of consent.
As between each Player and Team, on the one hand, and Twitch, on the other hand, the Appearance shall be deemed a work-made-for-hire for Twitch prepared as a work specifically ordered and/or commissioned by Twitch, and therefore, Twitch shall be the author and exclusive copyright or related rights (including performers’ property rights) owner of the Appearance for all purposes throughout the Universe. If under applicable law the foregoing is not effective to place authorship and ownership thereof and all rights therein in Twitch, then, within the limits provided by applicable law (if any), by way of assignment and transfer of present and future rights and otherwise, each Player and Team hereby irrevocably grants, transfers, sells and assigns to Twitch, all of his or her right, title and interest in and to the Appearance throughout the universe in perpetuity. Each Player and Team agrees to execute such further documents and to do such further acts as may be necessary to evidence, effect, perfect, register, or enforce Twitch’s ownership of such rights.
The Tournament Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, dub, duplicate, fictionalize or otherwise alter the Appearance for any purpose which the Tournament Entities deem necessary or desirable. To the fullest extent possible under any applicable law, each Player hereby irrevocably waives any and all socalled moral rights or “droit moral” rights (which shall include, without limitation, any similar or analogous rights under applicable laws of any country in the world including, without limitation, the so called right of paternity (droit a la paternite), right of integrity (droit au respect de l’oeuvre), right of withdrawal (droit de retrait or droit de repentir), right of publication (droit divulgation) and/or performers’ moral rights they may have in the Appearance, and agrees that they will make no claim of any kind against the Tournament Entities as a result of any of the uses described above, and irrevocably and unconditionally waives and releases the Tournament Entities from any and all claims, demands, and liabilities of any kind or nature whatsoever arising out of or in connection with such use including, without limitation, any and all claims, demands, or liabilities for invasion of privacy, infringement of the right of publicity, defamation (including libel, slander, and malicious falsehood), performers’ rights and any other personal and/or property rights. Each Player expressly acknowledges that the Tournament Entities and other Players will contribute to the Appearance and other works that will embody all or part of the Appearance. Accordingly, if under any applicable law, the above waiver or assignment by a Player of “moral rights” or “droit moral” is not effective, then each such Player agrees to exercise such rights in a manner which recognizes the contribution of and will not have a material adverse effect upon such other parties.
Twitch shall have the right to freely license or assign its rights hereunder, in whole or in part, to any person or entity. Twitch shall retain the rights granted in the Appearance even if the Player is disqualified or fails to meet the eligibility requirements.
FOR RESIDENTS OF FRANCE AND SPAIN ONLY:
By participating in the Tournament, each Player hereby irrevocably grants the Tournament Entities and each of their respective licensees, successors and assigns, permission to stream, film, photograph and record the Player’s performance in the Tournament itself and in other Tournament-related activities, including the Player’s name, User Name, Team name and logo, avatar, gamertag or equivalent, voice, statements, likeness and other personal characteristics, information and so-called publicity rights as they appear therein (collectively, the “Appearance”) and the right, but not the obligation, to distribute, exploit or otherwise use such Appearance, in whole or in part, in any and all media, now known or hereafter devised, throughout the world in perpetuity (except for Players who are known to be residents of France, which will expire within 5 years from date of participation), for any purpose, including but not limited to, advertising, marketing and promoting the Tournament, the Twitch Website, the Tournament Website, the Title Game, the Tournament Entities and future tournaments.
Twitch shall be the author and exclusive copyright owner of the Appearance for all purposes throughout the world. If, for any reason whatsoever, all copyright ("droits d'auteur") and/or ownership rights are not automatically vested in Twitch, then by way of assignment and transfer of copyright and otherwise, each Player and Team hereby irrevocably grants, transfers, sells and assigns to Twitch, free of charge, all of his or her right (including, without limitation, author's economic rights ("droits patrimoniaux d'auteur")), title and interest in and to the Appearance throughout the world and for the full duration of their legal protection, as and when created, for all purposes including without limitation commercial, business, management, informational, entertainment, promotional, marketing and advertising, public communication, purposes, including without limitation in and in connection with the Tournament, the products and services that Twitch owns or distributes, and the general goodwill of Twitch. Each Player and Team agrees to execute such further documents and to do such further acts as may be necessary to evidence, effect, perfect, register, or enforce Twitch’s ownership of such rights. The assigned economic rights in the Appearance include, without limitation:
1. the right to reproduce or have reproduced by a third party, and permanently or temporarily affix the Appearance, whether for free or for a charge, in all or part, in any languages, by any means or process known or as yet unknown as of the date hereof, in any form and on any medium known or as yet unknown as of the date hereof. The assigned right to reproduce also includes the right to upload, download, scan, duplicate, display, transmit and store all images;
2. the right to represent or have represented, broadcast, stream, exhibit and communicate the Appearance and its adaptations to the public, in any languages, for free or for a charge, in all or part, whether occasionally, permanently or on demand, by any means or process known or as yet unknown as of the date hereof, in the context of public communication for advertising, entertainment and informational use, by broadcasting, posting or display;
3. the right to publish, have published, distribute, exploit or market with respect to originals or copies of the Appearance with respect to all audiences, whether for free or for charge, in all or part, via any medium known or as yet unknown as of the date hereof, and by all technical and commercial processes. These rights include the right to sell, loan, license, rent, lend, distribute, download the Appearance in any language and by any means whether known at present or to be discovered in the future;
4. the right to adapt, arrange, rearrange, modify, correct, cut, edit, dub, morph, make derivative works of, upgrade by adding or removing, integrate in any form and presentation all or part of the Appearance, in any form and format (whether known at present or to be discovered in the future), in particular with a view to (i) integrating new elements into the Appearance or (ii) integrating the Appearance into a composite work, as well as the right to reproduce works resulting from these adaptations, arrangements, modifications and integrations; and
5. the right to translate, if applicable, the Appearance, in whole or in part, into any language or computer language, the right to represent, distribute and adapt these translations, as described in the preceding paragraphs;
6. the right to assign or license all or part of the rights hereby assigned, in all or part, to any person, company or entity of Twitch’s choice, free of charge or for a fee..
6. CODE OF CONDUCT.
All Players are expected to: (1) comply with the Twitch Community Guidelines (available at: https://www.twitch.tv/p/en/legal/community-guidelines/) (“Community Guidelines”) in connection with the Tournament; (2) comply with and adhere to the Events Code of Conduct and Release (available at https://www.twitch.tv/p/it-it/legal/events-code-of-conduct/) (excluding with respect to the Filming Release, which is governed by Section 5 above)and (3) exhibit good sportsmanship and maintain respect for one another and for all Tournament Entities and spectators. Players must follow all instructions of the Tournament Organizers. All mobile phones, tablets and other voice-enabled and/or “ringing” electronic devices must be removed from the play area before the Tournament. Players may not text/email or use social media during a Game or Match. Players are expected to play at their best at all times within the Tournament and to avoid any behavior inconsistent with the principles of good sportsmanship, honesty, or fair play. Any Player behaving inappropriately, or not competing in compliance with the Community Guidelines and/or Official Rules (including the General Play Rules and Game Play Rules), as determined by the Tournament Organizers in their sole discretion, may be immediately disqualified from the Tournament and forfeit all potential prizes. Further, the Tournament Organizers reserve the right, in their sole discretion, to ban disqualified Players from any future tournament or event organized by Tournament Organizers. Behavior that is considered to be inappropriate and in violation of the Code of Conduct includes, but is not limited to, the following:
● Interfering with the operation of the Tournament or the Twitch Website, or the Tournament Website;
● Acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Tournament, or to annoy, abuse, threaten or harass any other person;
● Engaging in collusion (e.g., any agreement between two [2] or more Teams or Players on different Teams to pre-determine the outcome of a Game or Match);
● Cheating of any sort through any means;
● Intentionally delaying or slowing gameplay or tampering with gameplay in any other known or unknown manner;
● Offensive, vulgar or obscene User Names, Team names, avatars, logos, branding or gamertags;
● Sexism, ageism, racism or any other form of prejudice or bigotry;
● Engaging in violence or any activity which is deemed in the judgment of the Tournament Organizers to be immoral, unethical, disgraceful, or contrary to common standards of decency;
● Engaging in any activity that is illegal in the jurisdiction where the affected Player is located;
● Offering any gift or reward to a Player or Tournament Organizer for assistance designed to provide a competitive advantage to the person offering the gift or reward or designed to impose a competitive disadvantage on any opponent;
● Betting or gambling on your own performance, the performance of your Team or the results of the Tournament or any phase of the Tournament;
● Making any modification to the Title Game that has not been disclosed to and authorized by the Tournament Organizers;
● Intentionally using any in-game bugs or so-called “hacks” to seek an advantage;
● Using any language or wearing any clothing or apparel that is obscene, foul, vulgar, insulting, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable, or promotes or incites hatred or discriminatory conduct;
● Using any Tournament facilities, services or equipment provided or made available by the Tournament Entities to post, transmit, disseminate or otherwise make available any communications prohibited by this Code of Conduct;
● Taking any action or performing any gesture directed at an opposing Player or Team, official or spectator, or inciting any other individuals to do the same, which is insulting, mocking, disruptive or unsportsmanlike;
● Touching or otherwise interfering with lights, cameras or other studio equipment;
● Engaging in any other type of behavior or conduct deemed inappropriate by the Tournament Organizers in their sole discretion; or
● Otherwise violating the Official Rules.
Any Player who violates the Code of Conduct may be disqualified, and Twitch reserves the right to seek damages and other remedies from any such Player to the fullest extent permitted by law.
CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE ANY WEBSITE OR EQUIPMENT USED IN CONNECTION WITH THE TOURNAMENT, TAMPER WITH THE TITLE GAME OR THE TOURNAMENT FORMAT, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF A TOURNAMENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE TOURNAMENT ORGANIZERS RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH PLAYER(S) AND TO PURSUE ALL REMEDIES AVAILABLE TO THEM TO THE FULLEST EXTENT PERMITTED IN EQUITY OR UNDER THE LAW.
7. GENERAL PLAY RULES.
These are “General Play Rules” governing play in the Tournament. Additional “Game Play Rules” specific to a Title Game and Tournament will be detailed in the Tournament Specific Terms.
7.1. Broadcasting Players must broadcast all gameplay during the Tournament on their Twitch channels and comply with any applicable Twitch Policies, including the Twitch Community Guidelines. Failure to broadcast Tournament gameplay on Twitch or failure to comply with applicable Twitch Policies may disqualify the Player at the discretion of Tournament Organizers.
7.2. Cheating Any cheating, as determined by the Tournament Organizers in their sole discretion, will result in an immediate forfeiture and additional penalties depending on the severity of the infraction.
7.3. Names, Logos, Avatars and Branding Restrictions The Tournament Organizers reserve the right to reject, in their sole discretion, names, logos, avatars or branding that violate Twitch Policies, including the Community Guidelines, or the Code of Conduct, including without limitation, any that:
● infringe upon the rights of any 3rd party rights without explicit written permission
● resemble or are identical to a brand or trademark
● resemble or are identical to another identity or person
● resemble or are identical to the name or persona of Tournament Entities or other Teams.
7.4. Sponsorships; Other Content
Teams have the ability to acquire sponsorships as long as they comply with any Twitch Policies, including the Community Guidelines. However, sponsors or content in categories competitive to the Tournament Entities may not be displayed during official Tournament play.
7.5. Penalties
Players or Teams who break the rules in this document are subject to penalties including (but not limited to) the following:
● Game or Match Restart
● Loss of Points
● Loss of Game
● Game or Match Forfeiture
● Temporary Player Bans
● Permanent Player Bans
7.6. Live Event Attendance
Eligible Players or Teams, as applicable, may receive an invitation from the Tournament Organizers to participate in certain live events. A Minor Player must travel accompanied by their parent or legal guardian and will be required to provide permission of such parent or legal guardian in a form and substance acceptable to Twitch in its sole and absolute discretion. Any travel accommodations applicable will be specified in the Tournament Specific Terms.
8. GENERAL PRIZE RESTRICTIONS.
Each Player or Team, as applicable, that has been declared the winner of a prize in the Tournament will not be an official winner (each such individual, a “Winner”, and each such Team, a “Winning Team”) unless and until they execute (or, if the potential winner is a Minor, their parent or legal guardian executes) an Affidavit of Eligibility, and where imposing such condition is legal, a Liability Release and a Publicity Release and any required payment information and tax forms (“Winner Forms”) in order to receive payment. If a Player (or a minor Player’s parent or legal guardian) or Team, as applicable, fails or refuses to sign and return all the Winner Forms within ten (10) days (or a shorter time if required by exigencies) after receiving them, the Player and/or Team may be disqualified. In the event a Player or Team is disqualified, Twitch reserves the right, but not the obligation, to award the affected prize to the Player or Team that last lost to the disqualified Player or Team. Within sixty (60) days of receiving an executed copy of the Winner Forms, Twitch will deliver to Winner the applicable prize(s). Failure to take delivery of any prize may result in forfeiture, and such prize awarded to an alternate Winner. Prizes may not be transferred or assigned until after a Winner has complied with all his or her obligations under the Official Rules. No substitutions may be made for prize(s), except by Twitch or the Tournament Organizers, who reserve the right to substitute a prize in whole or in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by Twitch or Tournament Organizers in their sole discretion.
By participating in a Tournament, Winner acknowledges that Tournament Entities have not and will not obtain or provide insurance of any kind relating to the prizes. Each Winner will be responsible for all taxes (including but not limited to federal, state, local and/or income) and transaction fees on any prize won and on the value of any items or value transferred to the Winner by Twitch or Tournament Organizers, and each Winner will be required to provide their Social Security number, IRS Form W-8BEN, IRS Form W-9, or equivalent information for tax reporting purposes (at a time and in a manner to be determined in Twitch or Tournament Organizers’ sole discretion, and which may be prior to participation in a particular round or prior to receipt of any prize by the Winner). Twitch or Tournament Organizer will file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to each Winner by Twitch or Tournament Organizers in accordance with IRS requirements, and Twitch or Tournament Organizers may also share such documentation with any federal, state, provincial, or local government agency as required by law. Refusal or failure of a Winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms, as determined by Twitch or Tournament Organizers in their sole discretion will result in the Winner forfeiting the prize(s) and an alternate Winner being selected by Twitch or Tournament Organizers in their sole discretion. Twitch or Tournament Organizers will award prizes subject to any applicable withholding taxes on the gross amount of the prize, and the amount of the prize transferred to each Winner, as reduced by any applicable withholding taxes and transaction fees, will constitute full payment of the prize. Any Winner who does not claim their prize, or satisfy the information or documentation requirements within thirty (30) days of the close of the Tournament or such earlier time as designated by Twitch or Tournament Organizers, is disqualified, and Twitch and the Tournament Organizers shall have no further liability or responsibility to such Player(s) in connection with any prizes.
Any prizes pictured in advertising, promotional and/or other Tournament materials are for illustrative purposes only. The actual prize(s) may vary. In the event there is a discrepancy or inconsistency between the description of a prize contained in any such materials and the description of a prize contained in the Official Rules, the Official Rules shall prevail, govern and control. All details and other restrictions of any prize not specified in the Official Rules will be determined by Twitch or the Tournament Organizers in their sole discretion.
The following terms apply to any travel accommodations provided by Twitch, if any is specified in the Tournament Specific Terms: Players and their guest(s) must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. Airfare does not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. Twitch reserves the right to structure travel route and select hotels in its sole discretion. If the closest airport to any Player’s home is in close enough proximity to the city where the Game or Match is being held so that, as Twitch may determine in its sole discretion, a flight is unnecessary, prize will not include air transportation from Players’ residence to the city where the Game or Match is being held, and no other substitution or compensation will be provided in lieu thereof. Changes not permitted after ticket issue. The round-trip air transportation element for any travel prize begins and ends at the point of departure (unless otherwise specified herein). Players(s) must comply with all hotel check-in requirements, including but not limited to the presentation of a major credit card and are responsible for any incidentals or costs incurred to any hotel rooms including room service or damage.
9. DISCLAIMER OF WARRANTIES.
The Tournament Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Tournament. WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING AND WITHOUT ABROGATING THE TWITCH POLICIES OR THE END USER LICENSE AGREEMENT FOR THE TITLE GAME OR OTHER AGREEMENTS THAT APPLY TO THE TITLE GAME, THE TOURNAMENT ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE TWITCH SERVICES, TWITCH WEBSITE, TITLE GAME SOFTWARE, EQUIPMENT AND THE OPERATION OF THE TOURNAMENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND THEIR EQUIVALENTS, UNDER THE LAWS OF ANY JURISDICTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
10. IMPORTANT. PLEASE READ – GENERAL RELEASE AND LIMITATION ON LIABILITY.
Each Player knowingly consents to participate in any or all Tournament activities under his or her own free will and without duress or undue influence of any third party. BY ENTERING AND/OR OTHERWISE PARTICIPATING IN THE TOURNAMENT, EACH PLAYER, ON BEHALF OF HIMSELF OR HERSELF AND HIS OR HER HEIRS, HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASES, DISCHARGES AND HOLDS THE TOURNAMENT ENTITIES, THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND MEMBERS HARMLESS FROM AND AGAINST ANY AND ALL ACTUAL AND POTENTIAL, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED CLAIMS, DEMANDS, CAUSES OF ACTION, COSTS, LOSSES, INJURIES, LIABILITIES AND DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION MENTAL AND/OR PHYSICAL INJURIES OR DEATH AND DAMAGES TO OR LOSS OF PERSONAL PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO PARTICIPATING IN THE TOURNAMENT, ATTENDING OR PARTICIPATING IN ANY TOURNAMENT-RELATED EVENT OR ACTIVITY AND/OR THE USE OR MISUSE OF ANY PRIZE (“RELEASED MATTERS”). IN CONNECTION WITH THIS RELEASE, EACH PLAYER ACKNOWLEDGES THAT HE OR SHE MAY HEREAFTER DISCOVER CLAIMS PRESENTLY UNKNOWN OR UNSUSPECTED, OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH HE OR SHE NOW KNOWS OR BELIEVE TO BE TRUE, WITH RESPECT TO ANY RELEASED MATTERS. NEVERTHELESS, EACH PLAYER INTENDS THIS RELEASE TO FULLY, FINALLY AND FOREVER RELEASE THE TOURNAMENT ENTITIES FROM ALL RELEASED MATTERS. IN FURTHERANCE OF SUCH INTENTION, THE RELEASES SET FORTH IN THIS AGREEMENT SHALL BE AND SHALL REMAIN IN EFFECT AS FULL AND COMPLETE RELEASES NOTWITHSTANDING THE DISCOVERY OR EXISTENCE OF ANY SUCH ADDITIONAL OR DIFFERENT CLAIMS OR FACTS RELEVANT HERETO. EACH PLAYER HEREBY EXPRESSLY WAIVES ALL RIGHTS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR LAW OF ANY OTHER STATE, COUNTRY OR TERRITORY. SUCH SECTION READS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
The Tournament Organizers are not responsible for any incorrect or inaccurate information or other materials, on, associated with or utilized as part of the Twitch Website or the Tournament Website, and the Tournament Organizers assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Twitch Website or the Tournament Website or the field of play in the Title Game. Although the Tournament Organizers attempt to ensure the integrity of the Tournament, the Tournament Organizers are not responsible for the actions of Players in connection with the Tournament, including a Player’s attempt to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Tournament. Without in any way limiting the generality of the foregoing, each Player agrees that the Tournament Entities shall not be responsible or liable for, and are hereby released from, any and all claims, costs, injuries, losses or damages of any kind, relating to any of the following:
● incomplete, lost, late, misdirected or illegible registrations or the failure to receive registrations due to any cause, including without limitation human or technical problems, failures, or malfunctions of any kind, whether originating with Player, the Team, the Tournament Organizers, or otherwise, that may prevent or limit a Player’s ability to participate in the Tournament or send or receive messages requiring action or response by such Player;
● any computer system, gaming console, phone line, hardware, software or program malfunctions, or other errors, failures, hacks, unauthorized access, delayed computer transmissions or network connections which may result in alteration of Game play or affect Game results; and
● any problems or technical malfunction of any network or lines, servers or providers, equipment, or software, including any injury or damage to Player Equipment resulting from participation in the Tournament. The limitations shall apply to the fullest extent permitted under the applicable law.
11. INDEMNIFICATION.
Each Player hereby agrees to indemnify and hold the Tournament Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all third party damages, liabilities, costs and expenses, including reasonable outside legal fees and costs relating to or arising out of any breach of any of the warranties, representations, covenants, obligations or agreements of the Player under the Official Rules.
The indemnification obligations hereunder shall survive the expiration or earlier termination of the Tournament.
12. FORCE MAJEURE.
The Tournament Organizers reserve the right to modify, suspend, extend or terminate the Tournament or any part thereof if they determine, in their sole discretion, that the Tournament is technically impaired or corrupted or that fraud or technical problems, failures, malfunctions or other causes have destroyed, corrupted or undermined the administration, security, fairness, integrity, proper play or feasibility of the Tournament or any portion thereof as contemplated herein. In the event the Tournament Organizers are prevented from continuing with the Tournament by any event beyond their control, including but not limited to fire, flood, epidemic, pandemic (including, without limitation, COVID-19, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, order of any court in any jurisdiction, or other cause not reasonably within the Tournament Organizers’ control, irrespective of whether the event is considered as a force majeure by applicable law, (each a “Force Majeure” event or occurrence), the Tournament Organizers shall have the right to modify, suspend, extend or terminate the Tournament.
The Tournament Organizers, in their sole discretion, may require the replaying of any Game or Match, or declare any Game or Match or other phase of the Tournament null and void by reason of any of the foregoing. In the event the Tournament Organizers determine, in their sole discretion, that any individual Game or Match or other phase of the Tournament, has been tampered with or that the validity of any Game, Match or other phase of the Tournament has been compromised for any reason, they may eliminate that Game, Match or other phase of the Tournament, and may conduct the Tournament on the basis of the remaining Game, Match and/or other phases of the Tournament.
13. TRANSFER OF PLAYER INFORMATION.
By registering for and/or otherwise participating in the Tournament, each Player acknowledges the collection, transfer, storage and processing of his or her information to and in the United States and/or to other countries outside the country of Player’s country of residence. Such other countries, including the United States may not have privacy laws and regulations that are similar to those of the country of Player’s residence. A Player may exercise their right of access, rectification, erasure, limitation of processing, objection to processing, profiling, and/or automated decisions and if, applicable, portability, regarding any of their personal data held by Twitch in connection with the Tournament by following the instructions provided in the Twitch Privacy Notice posted on the Twitch Website. By participating in the Tournament, each Player agrees that Twitch may use their game play session data during such Tournament to enhance viewers’ discovery of and experience with such Player’s Twitch channel during the Tournament.
14. DISPUTES.
The Official Rules are governed by the state and federal laws that apply to the State of California, United States of America. Except as otherwise provided herein, any legal suit, action or proceeding arising out of or relating to the Official Rules, the operation of the Tournament or otherwise, will be resolved by litigation in the courts located within the City and County of San Francisco in the State of California, United States of America. You, as a Player, hereby consent to the exclusive jurisdiction of and venue of such courts, will accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to you. Any dispute or claim relating in any way to the Official Rules, the terms thereof, or the Tournament will be resolved by binding arbitration as described in this paragraph, rather than in court, in the City and County of San Francisco, California, except that (a) Player may assert claims in a small claims court if your claims qualify, and (b) either Party may bring suit by submitting to the courts in the aforementioned jurisdiction and waiving such Party’s respective rights to any other jurisdiction to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this agreement as a court would. For a Player to begin an arbitration proceeding, the Player must send a letter requesting arbitration and describing the claim to Twitch’s registered agent, Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento CA 95833. Arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer -Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. Twitch will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Twitch will not seek attorneys’ fees and costs from a Player in arbitration unless the arbitrator determines the claims are frivolous. A Player may choose to have the arbitration conducted by telephone, based on submissions, or in person in the county in which Player is located, or the agreed upon jurisdiction described above. The Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the Parties each waive any right to a jury trial.
15. INVALIDITY/HEADINGS.
The Official Rules and the other agreements referenced herein constitute the full and complete agreement and understanding between each Player and the Tournament Organizers in connection with the Tournament and replace and supersede all prior negotiations, agreements or understandings that may have been entered into between such Player and such Tournament Organizer with respect to the subject matter hereof. The Official Rules cannot be modified or amended in any way except by a written instrument signed by Twitch. The waiver of any term, condition, or breach of the Official Rules shall not be deemed to be a waiver of that breach or any other term or condition in the future. The invalidity or unenforceability of any provision in the Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, the Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in the Official Rules solely for convenience and ease of reference, and shall not be deemed to affect in any manner the meaning or intent of the Official Rules or any provision hereof.
1. INTRODUCTION.
These General Terms & Conditions apply to, and are a part of, the Official Rules. In the event of a conflict between the Tournament Specific Terms and these General Terms & Conditions, the Tournament Specific Terms will control first then these General Terms & Conditions, with the understanding that every effort will be made to read such terms in congruity with each other. These General Terms and Conditions are a binding agreement between Twitch, the Players (as defined below) and their Teams (if applicable) and govern the provision of the services performed by Players and Teams in connection to their participation in the Tournament.
Each person who participates in the Tournament is referred to as a “Player”. Subject to eligibility requirements set forth in the Tournament Specific Terms, if the Player is under the age of majority in his or her state or country of residence (a “Minor”), such Minor Player represents and warrants that they have received permission from his or her parent or legal guardian to register for and participate in the Tournament, and all references to “Player” shall include that Minor Player’s parent or legal guardian. Each Player unconditionally accepts and agrees to comply with and abide by the Official Rules and the decisions that Twitch and the other Tournament Organizers make about the Tournament, including without limitation decisions about how to interpret or implement these Official Rules and administer the Tournament, and such decisions shall be final and binding in all respects and not subject to challenge or appeal.
Any aspects of the Tournament or incidents that affect the Tournament that are not outlined in these Official Rules may be addressed and resolved by Twitch and the other Tournament Organizers at the time of the incident and their decisions on such matters shall be final and binding and not subject to challenge or appeal. The Official Rules are subject to change, as determined by Twitch and the Tournament Organizers in their sole discretion. The most recent version of the Official Rules will be posted on the Tournament Website, and Twitch or the Tournament Organizers may also use other means to communicate with those Players who have registered for the Tournament using the contact information associated with their account or provided during registration. If a change would affect a Player’s place or standing in the Tournament if they were applied retroactively, that change will be applied only prospectively unless Twitch or the Tournament Organizers determine in their sole discretion that such changes must be applied retroactively for legal or other reasons. Entry into the Tournament does not constitute entry into any other tournament, competition, contest or sweepstakes.
The Official Rules were drafted in English, but may be translated into other languages. In the event of any conflict or inconsistency between any translated version of the Official Rules and the English version of the Official Rules, the English version shall prevail, govern and control to the extent permitted by law.
2. GENERAL DEFINITIONS.
Game – a single Title Game competition between Players or Teams, as applicable.
Match – a phase of competitive gameplay involving multiple Games, as further described in the applicable Tournament Format.
Player – each person who participates in a Tournament.
Team – if applicable, a group of Players who compete in the Tournament together as a unit. Additional Team requirements, if any, are specified in the Tournament Specific Terms.
Tournament Entities – Twitch, the Tournament Organizers, Sponsors, Publishers, and each of their respective parent, subsidiary and affiliated entities, vendors, agents, and representatives, and the officers, directors and employees of all of the foregoing.
Tournament Organizers – Twitch, any entity involved in supplying or fulfilling prizes, and any other entity involved in implementing, producing or managing the Tournament, in whole or in part.
Winner or Winning Team – the Player or Team, as applicable, that places in the Tournament as set forth in Section 6 (Prizes) of the Tournament Specific Terms and that is officially declared the Winner as set forth in Section 8 of the General Terms & Conditions (General Prize Restrictions).
3. GENERAL ELIGIBILITY AND PLAYER EQUIPMENT REQUIREMENTS.
All Players must be legal residents of the Eligibility Area and must meet the other eligibility requirements specified in the Tournament Specific Terms. Players must be able to provide proof of eligibility. Potential Winners will ultimately need to provide proof of residency and tax form information as a condition to their eligibility to receive any prizes. See Section 8 of the General Terms & Conditions (General Prize Restrictions) for more information.
Each Player will be required to sign up as a member of the Tournament Website. Players may be required to have a Twitch account, or may be required to register for an account with the Tournament Website, in order to participate in the Tournament. Each Player will be known publicly by his or her real name, or gamertag or other name they use in the Title Game or otherwise choose a user name (in either instance, the “User Name”). Each Player represents and warrants that their User Name and Team Name and logo, if applicable, will not violate or infringe upon the trademark, copyright, publicity rights or other intellectual property or other rights of any other person or entity and will otherwise comply with and hereby agrees to the terms of the Code of Conduct described in Section 6.
Subject to the eligibility requirements in the Tournament Specific Terms, any Player who is a Minor must get permission from his or her parent or legal guardian to enter. The form of that permission will be determined by the Tournament Organizers in their sole discretion. In addition, if a Minor is going to physically travel to a particular Tournament location, he or she must be accompanied by a parent or legal guardian at that Tournament location, and the Tournament Organizers may require additional proof that the Minor has permission from his or her parent or legal guardian to participate. The form of that additional proof will be determined by the Tournament Organizers in their sole discretion.
The Tournament is void outside of the Eligibility Area and where prohibited by law.
Officers, directors and employees of the Tournament Organizers, and each of their immediate family members (spouses and siblings, parents and children and their spouses), and governmental officials of any country in the Eligibility Area are not eligible to participate in the Tournament without express advance written permission from Twitch.
Players must have access to the Internet and supply their own equipment needed to participate in the Tournament, including, without limitation: monitors, computers or consoles, controllers, headphones and headsets, cables and a copy of or authorized access to the Title Game and valid access to the game servers that will be used and the Title Game levels that will be played in the Tournament, as applicable (collectively, “Player Equipment”).
During Tournament play Players may not bring, use, or wear any headsets, earbuds, microphones or other Player Equipment other than those approved of or provided by the Tournament Organizers. Player Equipment that is suspected by the Tournament Organizers of providing an unfair competitive advantage will not be approved for use. At their discretion, Tournament Organizers may disallow the use of any individual piece of Player Equipment for reasons related to Tournament security, operational efficiency, fairness or effectiveness.
Each Player is responsible for obtaining any visas or other travel documentation needed to participate in the Tournament or any in-person event in connection with the Tournament and the costs thereof shall be borne by the Player or their Team, if applicable.
If applicable, the following applies to any Team(s) in a Tournament:
Each Player on a Team must satisfy all eligibility requirements set forth herein for Players, and each such Team Player must register with the Tournament Website or Twitch Website, as applicable, in order to be considered a member of the applicable Team. During the registration process, one Team member must list the User Names of all Team members or otherwise deliver the list of Team members as specified by the Tournament Organizers. The Team member who registers on behalf of the Team will be known as the “Team Captain”. In the event a Team progresses to further rounds of the Tournament, the Tournament Organizers will attempt to notify the Team through its Team Captain.
Each member of the Team, including the Team Captain, shall be deemed to have jointly and severally made and entered into all of the representations, warranties and agreements contained herein and shall be jointly and severally obligated and bound thereby. The person registering a Team on behalf of other Players warrants and covenants that they have, and will maintain, sufficient power of representation to bind all Players to these Official Rules for the duration of the Tournament. Except as otherwise expressly set forth herein, all of the Tournament Organizers’ rights pursuant to the Official Rules relate to and are exercisable against the Team as a whole and each individual member of a Team. If any right of disqualification arises as to any individual member of a Team, then the right of disqualification may be exercised either as to such individual member of a Team, or to the Team as a whole, as the Tournament Organizers may elect in their sole discretion. If the Tournament Organizers elect to disqualify fewer than all members of a Team, then the remaining Players shall continue to be bound by the Official Rules, and if permitted in the sole discretion of the Tournament Organizers, the Team may replace the disqualified Player(s) (even if the disqualified Player was the Team Captain) with a new eligible Player and continue to compete under the same name if each disqualified Player promptly signs any writing deemed necessary by Tournament Organizers to permit his or her former Team member(s) to continue to participate in the Tournament using the Team’s name, or under a new name if permitted in the sole discretion of the Tournament Organizers. Any Team member who elects to end his or her participation in the Tournament, and/or is disqualified from the Tournament, will not be permitted to “re-register” to participate in the Tournament in any capacity.
For clarification and the removal of doubt, the Official Rules do not govern Team relationships. The terms of the relationship between Players and their respective Teams are left to each of the Teams and their Players. However, note that any disputes that arise between Team members may be grounds for disqualifying the applicable Team or any of its Team members, as determined by the Tournament Organizers in their sole discretion.
No owner of a Team, or manager of a Team, or if a Team is owned by a corporate entity, no parent, subsidiary or affiliate of such corporate entity, may directly (e.g., ownership) or indirectly (e.g., a contractual arrangement) own or control more than one Team within the Eligibility Area in the Tournament.
Please note that Twitch may require a Player or a Team, as applicable, to execute and deliver “Winner Forms” (as defined in Section 8 of the General Terms & Conditions (General Prize Restrictions)) at any time during the Tournament, including as a condition of participating in a particular Match or phase of the Tournament.
4. REGISTRATION INFORMATION / DATA PROTECTION.
Instructions about how to register as a Player or Team will be provided by the Tournament Organizers. Your registration information will be collected and used by Twitch Interactive, Inc. as data controller, for purposes of (i) running the Tournament and fulfilling any prize; (ii) communicating with Players and Teams about the Tournament; and (iii) complying with relevant laws and regulations, in any event in accordance with the privacy policy posted on the Tournament Website and, notwithstanding anything to the contrary stated therein, such information will be shared with Twitch and used by Twitch (the data controller) for the purposes of administering the Tournament in accordance with the Privacy Notice (https://www.twitch.tv/p/en/legal/privacy-notice/) and Terms of Service (https://www.twitch.tv/p/en/legal/terms-ofservice/) (the “Twitch Policies”) posted on www.twitch.tv (the “Twitch Website”), which are incorporated herein by this reference. By registering for and/or otherwise participating in the Tournament, each Player acknowledges the collection, transfer, storage and processing of his or her information to and in the United States and/or to other countries outside the Player’s country of residence, including outside of the European Union. Such other countries may not have privacy laws and regulations that provide a similar level of protection than those of the country of Player’s residence. Such transfers will be effected on the basis of specific safeguards and additional measures, as necessary, and for the purposes set out in the Twitch Privacy Notice.
By participating in the Tournament, you acknowledge that you have read, understood and agree to be bound by the Twitch Policies. Please review the Twitch Policies carefully before participating in the Tournament. In the event of a conflict or inconsistency between the terms of the Official Rules and the terms of the Twitch Policies, the terms of the Official Rules shall prevail, govern and control. Notwithstanding anything to the contrary in the Twitch Policies, Twitch may share Player information with the Tournament Entities, who will use such information to the extent needed to perform their duties and functions in connection with the Tournament or otherwise in accordance with their own independent privacy practices. In addition, Twitch may engage third party application providers and other vendors to administer certain aspects of the Tournament, including without limitation, the online collection of Player information. Such third parties will provide your personally identifiable information to Twitch and the other Tournament Entities and use your information for their own independent purposes in accordance with their own independent privacy practices. Twitch is not responsible for the storage or any use of your entry information by such third parties or the Tournament Entities.
5. PLAYER APPEARANCE RELEASE.
THIS SECTION APPLIES TO ALL PLAYERS EXCEPT PLAYERS WHO ARE RESIDENTS OF FRANCE OR SPAIN. THE TERMS APPLICABLE TO FRENCH OR SPANISH PLAYERS ARE SEPARATELY STATED BELOW.
By participating in the Tournament, each Player hereby irrevocably grants the Tournament Entities and each of their respective licensees, successors and assigns, permission to stream, film, photograph and record the Player’s performance in the Tournament itself and in other Tournament-related activities, including the Player’s name, User Name, Team name and logo, avatar, gamertag or equivalent, voice, statements, likeness and other personal characteristics, information and so-called publicity rights as they appear therein (collectively, the “Appearance”) and the right, but not the obligation, to distribute, exploit or otherwise use such Appearance, in whole or in part, in any and all media, now known or, to the extent permitted by applicable law, hereafter devised, throughout the Universe in perpetuity (except for Player’s who are known to be residents of Italy, which will expire within 5 years from date of participation), for any purpose, including but not limited to, advertising, marketing and promoting the Tournament, the Twitch Website, the Tournament Website, the Title Game, the Tournament Entities and future tournaments. If Player is resident in the United Kingdom or the European Union, except where expressly stated otherwise, Twitch does not process Player’s personal data on the basis of consent.
As between each Player and Team, on the one hand, and Twitch, on the other hand, the Appearance shall be deemed a work-made-for-hire for Twitch prepared as a work specifically ordered and/or commissioned by Twitch, and therefore, Twitch shall be the author and exclusive copyright or related rights (including performers’ property rights) owner of the Appearance for all purposes throughout the Universe. If under applicable law the foregoing is not effective to place authorship and ownership thereof and all rights therein in Twitch, then, within the limits provided by applicable law (if any), by way of assignment and transfer of present and future rights and otherwise, each Player and Team hereby irrevocably grants, transfers, sells and assigns to Twitch, all of his or her right, title and interest in and to the Appearance throughout the universe in perpetuity. Each Player and Team agrees to execute such further documents and to do such further acts as may be necessary to evidence, effect, perfect, register, or enforce Twitch’s ownership of such rights.
The Tournament Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, dub, duplicate, fictionalize or otherwise alter the Appearance for any purpose which the Tournament Entities deem necessary or desirable. To the fullest extent possible under any applicable law, each Player hereby irrevocably waives any and all socalled moral rights or “droit moral” rights (which shall include, without limitation, any similar or analogous rights under applicable laws of any country in the world including, without limitation, the so called right of paternity (droit a la paternite), right of integrity (droit au respect de l’oeuvre), right of withdrawal (droit de retrait or droit de repentir), right of publication (droit divulgation) and/or performers’ moral rights they may have in the Appearance, and agrees that they will make no claim of any kind against the Tournament Entities as a result of any of the uses described above, and irrevocably and unconditionally waives and releases the Tournament Entities from any and all claims, demands, and liabilities of any kind or nature whatsoever arising out of or in connection with such use including, without limitation, any and all claims, demands, or liabilities for invasion of privacy, infringement of the right of publicity, defamation (including libel, slander, and malicious falsehood), performers’ rights and any other personal and/or property rights. Each Player expressly acknowledges that the Tournament Entities and other Players will contribute to the Appearance and other works that will embody all or part of the Appearance. Accordingly, if under any applicable law, the above waiver or assignment by a Player of “moral rights” or “droit moral” is not effective, then each such Player agrees to exercise such rights in a manner which recognizes the contribution of and will not have a material adverse effect upon such other parties.
Twitch shall have the right to freely license or assign its rights hereunder, in whole or in part, to any person or entity. Twitch shall retain the rights granted in the Appearance even if the Player is disqualified or fails to meet the eligibility requirements.
FOR RESIDENTS OF FRANCE AND SPAIN ONLY:
By participating in the Tournament, each Player hereby irrevocably grants the Tournament Entities and each of their respective licensees, successors and assigns, permission to stream, film, photograph and record the Player’s performance in the Tournament itself and in other Tournament-related activities, including the Player’s name, User Name, Team name and logo, avatar, gamertag or equivalent, voice, statements, likeness and other personal characteristics, information and so-called publicity rights as they appear therein (collectively, the “Appearance”) and the right, but not the obligation, to distribute, exploit or otherwise use such Appearance, in whole or in part, in any and all media, now known or hereafter devised, throughout the world in perpetuity (except for Players who are known to be residents of France, which will expire within 5 years from date of participation), for any purpose, including but not limited to, advertising, marketing and promoting the Tournament, the Twitch Website, the Tournament Website, the Title Game, the Tournament Entities and future tournaments.
Twitch shall be the author and exclusive copyright owner of the Appearance for all purposes throughout the world. If, for any reason whatsoever, all copyright ("droits d'auteur") and/or ownership rights are not automatically vested in Twitch, then by way of assignment and transfer of copyright and otherwise, each Player and Team hereby irrevocably grants, transfers, sells and assigns to Twitch, free of charge, all of his or her right (including, without limitation, author's economic rights ("droits patrimoniaux d'auteur")), title and interest in and to the Appearance throughout the world and for the full duration of their legal protection, as and when created, for all purposes including without limitation commercial, business, management, informational, entertainment, promotional, marketing and advertising, public communication, purposes, including without limitation in and in connection with the Tournament, the products and services that Twitch owns or distributes, and the general goodwill of Twitch. Each Player and Team agrees to execute such further documents and to do such further acts as may be necessary to evidence, effect, perfect, register, or enforce Twitch’s ownership of such rights. The assigned economic rights in the Appearance include, without limitation:
1. the right to reproduce or have reproduced by a third party, and permanently or temporarily affix the Appearance, whether for free or for a charge, in all or part, in any languages, by any means or process known or as yet unknown as of the date hereof, in any form and on any medium known or as yet unknown as of the date hereof. The assigned right to reproduce also includes the right to upload, download, scan, duplicate, display, transmit and store all images;
2. the right to represent or have represented, broadcast, stream, exhibit and communicate the Appearance and its adaptations to the public, in any languages, for free or for a charge, in all or part, whether occasionally, permanently or on demand, by any means or process known or as yet unknown as of the date hereof, in the context of public communication for advertising, entertainment and informational use, by broadcasting, posting or display;
3. the right to publish, have published, distribute, exploit or market with respect to originals or copies of the Appearance with respect to all audiences, whether for free or for charge, in all or part, via any medium known or as yet unknown as of the date hereof, and by all technical and commercial processes. These rights include the right to sell, loan, license, rent, lend, distribute, download the Appearance in any language and by any means whether known at present or to be discovered in the future;
4. the right to adapt, arrange, rearrange, modify, correct, cut, edit, dub, morph, make derivative works of, upgrade by adding or removing, integrate in any form and presentation all or part of the Appearance, in any form and format (whether known at present or to be discovered in the future), in particular with a view to (i) integrating new elements into the Appearance or (ii) integrating the Appearance into a composite work, as well as the right to reproduce works resulting from these adaptations, arrangements, modifications and integrations; and
5. the right to translate, if applicable, the Appearance, in whole or in part, into any language or computer language, the right to represent, distribute and adapt these translations, as described in the preceding paragraphs;
6. the right to assign or license all or part of the rights hereby assigned, in all or part, to any person, company or entity of Twitch’s choice, free of charge or for a fee..
6. CODE OF CONDUCT.
All Players are expected to: (1) comply with the Twitch Community Guidelines (available at: https://www.twitch.tv/p/en/legal/community-guidelines/) (“Community Guidelines”) in connection with the Tournament; (2) comply with and adhere to the Events Code of Conduct and Release (available at https://www.twitch.tv/p/it-it/legal/events-code-of-conduct/) (excluding with respect to the Filming Release, which is governed by Section 5 above)and (3) exhibit good sportsmanship and maintain respect for one another and for all Tournament Entities and spectators. Players must follow all instructions of the Tournament Organizers. All mobile phones, tablets and other voice-enabled and/or “ringing” electronic devices must be removed from the play area before the Tournament. Players may not text/email or use social media during a Game or Match. Players are expected to play at their best at all times within the Tournament and to avoid any behavior inconsistent with the principles of good sportsmanship, honesty, or fair play. Any Player behaving inappropriately, or not competing in compliance with the Community Guidelines and/or Official Rules (including the General Play Rules and Game Play Rules), as determined by the Tournament Organizers in their sole discretion, may be immediately disqualified from the Tournament and forfeit all potential prizes. Further, the Tournament Organizers reserve the right, in their sole discretion, to ban disqualified Players from any future tournament or event organized by Tournament Organizers. Behavior that is considered to be inappropriate and in violation of the Code of Conduct includes, but is not limited to, the following:
● Interfering with the operation of the Tournament or the Twitch Website, or the Tournament Website;
● Acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Tournament, or to annoy, abuse, threaten or harass any other person;
● Engaging in collusion (e.g., any agreement between two [2] or more Teams or Players on different Teams to pre-determine the outcome of a Game or Match);
● Cheating of any sort through any means;
● Intentionally delaying or slowing gameplay or tampering with gameplay in any other known or unknown manner;
● Offensive, vulgar or obscene User Names, Team names, avatars, logos, branding or gamertags;
● Sexism, ageism, racism or any other form of prejudice or bigotry;
● Engaging in violence or any activity which is deemed in the judgment of the Tournament Organizers to be immoral, unethical, disgraceful, or contrary to common standards of decency;
● Engaging in any activity that is illegal in the jurisdiction where the affected Player is located;
● Offering any gift or reward to a Player or Tournament Organizer for assistance designed to provide a competitive advantage to the person offering the gift or reward or designed to impose a competitive disadvantage on any opponent;
● Betting or gambling on your own performance, the performance of your Team or the results of the Tournament or any phase of the Tournament;
● Making any modification to the Title Game that has not been disclosed to and authorized by the Tournament Organizers;
● Intentionally using any in-game bugs or so-called “hacks” to seek an advantage;
● Using any language or wearing any clothing or apparel that is obscene, foul, vulgar, insulting, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable, or promotes or incites hatred or discriminatory conduct;
● Using any Tournament facilities, services or equipment provided or made available by the Tournament Entities to post, transmit, disseminate or otherwise make available any communications prohibited by this Code of Conduct;
● Taking any action or performing any gesture directed at an opposing Player or Team, official or spectator, or inciting any other individuals to do the same, which is insulting, mocking, disruptive or unsportsmanlike;
● Touching or otherwise interfering with lights, cameras or other studio equipment;
● Engaging in any other type of behavior or conduct deemed inappropriate by the Tournament Organizers in their sole discretion; or
● Otherwise violating the Official Rules.
Any Player who violates the Code of Conduct may be disqualified, and Twitch reserves the right to seek damages and other remedies from any such Player to the fullest extent permitted by law.
CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE ANY WEBSITE OR EQUIPMENT USED IN CONNECTION WITH THE TOURNAMENT, TAMPER WITH THE TITLE GAME OR THE TOURNAMENT FORMAT, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF A TOURNAMENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE TOURNAMENT ORGANIZERS RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH PLAYER(S) AND TO PURSUE ALL REMEDIES AVAILABLE TO THEM TO THE FULLEST EXTENT PERMITTED IN EQUITY OR UNDER THE LAW.
7. GENERAL PLAY RULES.
These are “General Play Rules” governing play in the Tournament. Additional “Game Play Rules” specific to a Title Game and Tournament will be detailed in the Tournament Specific Terms.
7.1. Broadcasting Players must broadcast all gameplay during the Tournament on their Twitch channels and comply with any applicable Twitch Policies, including the Twitch Community Guidelines. Failure to broadcast Tournament gameplay on Twitch or failure to comply with applicable Twitch Policies may disqualify the Player at the discretion of Tournament Organizers.
7.2. Cheating Any cheating, as determined by the Tournament Organizers in their sole discretion, will result in an immediate forfeiture and additional penalties depending on the severity of the infraction.
7.3. Names, Logos, Avatars and Branding Restrictions The Tournament Organizers reserve the right to reject, in their sole discretion, names, logos, avatars or branding that violate Twitch Policies, including the Community Guidelines, or the Code of Conduct, including without limitation, any that:
● infringe upon the rights of any 3rd party rights without explicit written permission
● resemble or are identical to a brand or trademark
● resemble or are identical to another identity or person
● resemble or are identical to the name or persona of Tournament Entities or other Teams.
7.4. Sponsorships; Other Content
Teams have the ability to acquire sponsorships as long as they comply with any Twitch Policies, including the Community Guidelines. However, sponsors or content in categories competitive to the Tournament Entities may not be displayed during official Tournament play.
7.5. Penalties
Players or Teams who break the rules in this document are subject to penalties including (but not limited to) the following:
● Game or Match Restart
● Loss of Points
● Loss of Game
● Game or Match Forfeiture
● Temporary Player Bans
● Permanent Player Bans
7.6. Live Event Attendance
Eligible Players or Teams, as applicable, may receive an invitation from the Tournament Organizers to participate in certain live events. A Minor Player must travel accompanied by their parent or legal guardian and will be required to provide permission of such parent or legal guardian in a form and substance acceptable to Twitch in its sole and absolute discretion. Any travel accommodations applicable will be specified in the Tournament Specific Terms.
8. GENERAL PRIZE RESTRICTIONS.
Each Player or Team, as applicable, that has been declared the winner of a prize in the Tournament will not be an official winner (each such individual, a “Winner”, and each such Team, a “Winning Team”) unless and until they execute (or, if the potential winner is a Minor, their parent or legal guardian executes) an Affidavit of Eligibility, and where imposing such condition is legal, a Liability Release and a Publicity Release and any required payment information and tax forms (“Winner Forms”) in order to receive payment. If a Player (or a minor Player’s parent or legal guardian) or Team, as applicable, fails or refuses to sign and return all the Winner Forms within ten (10) days (or a shorter time if required by exigencies) after receiving them, the Player and/or Team may be disqualified. In the event a Player or Team is disqualified, Twitch reserves the right, but not the obligation, to award the affected prize to the Player or Team that last lost to the disqualified Player or Team. Within sixty (60) days of receiving an executed copy of the Winner Forms, Twitch will deliver to Winner the applicable prize(s). Failure to take delivery of any prize may result in forfeiture, and such prize awarded to an alternate Winner. Prizes may not be transferred or assigned until after a Winner has complied with all his or her obligations under the Official Rules. No substitutions may be made for prize(s), except by Twitch or the Tournament Organizers, who reserve the right to substitute a prize in whole or in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by Twitch or Tournament Organizers in their sole discretion.
By participating in a Tournament, Winner acknowledges that Tournament Entities have not and will not obtain or provide insurance of any kind relating to the prizes. Each Winner will be responsible for all taxes (including but not limited to federal, state, local and/or income) and transaction fees on any prize won and on the value of any items or value transferred to the Winner by Twitch or Tournament Organizers, and each Winner will be required to provide their Social Security number, IRS Form W-8BEN, IRS Form W-9, or equivalent information for tax reporting purposes (at a time and in a manner to be determined in Twitch or Tournament Organizers’ sole discretion, and which may be prior to participation in a particular round or prior to receipt of any prize by the Winner). Twitch or Tournament Organizer will file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to each Winner by Twitch or Tournament Organizers in accordance with IRS requirements, and Twitch or Tournament Organizers may also share such documentation with any federal, state, provincial, or local government agency as required by law. Refusal or failure of a Winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms, as determined by Twitch or Tournament Organizers in their sole discretion will result in the Winner forfeiting the prize(s) and an alternate Winner being selected by Twitch or Tournament Organizers in their sole discretion. Twitch or Tournament Organizers will award prizes subject to any applicable withholding taxes on the gross amount of the prize, and the amount of the prize transferred to each Winner, as reduced by any applicable withholding taxes and transaction fees, will constitute full payment of the prize. Any Winner who does not claim their prize, or satisfy the information or documentation requirements within thirty (30) days of the close of the Tournament or such earlier time as designated by Twitch or Tournament Organizers, is disqualified, and Twitch and the Tournament Organizers shall have no further liability or responsibility to such Player(s) in connection with any prizes.
Any prizes pictured in advertising, promotional and/or other Tournament materials are for illustrative purposes only. The actual prize(s) may vary. In the event there is a discrepancy or inconsistency between the description of a prize contained in any such materials and the description of a prize contained in the Official Rules, the Official Rules shall prevail, govern and control. All details and other restrictions of any prize not specified in the Official Rules will be determined by Twitch or the Tournament Organizers in their sole discretion.
The following terms apply to any travel accommodations provided by Twitch, if any is specified in the Tournament Specific Terms: Players and their guest(s) must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. Airfare does not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. Twitch reserves the right to structure travel route and select hotels in its sole discretion. If the closest airport to any Player’s home is in close enough proximity to the city where the Game or Match is being held so that, as Twitch may determine in its sole discretion, a flight is unnecessary, prize will not include air transportation from Players’ residence to the city where the Game or Match is being held, and no other substitution or compensation will be provided in lieu thereof. Changes not permitted after ticket issue. The round-trip air transportation element for any travel prize begins and ends at the point of departure (unless otherwise specified herein). Players(s) must comply with all hotel check-in requirements, including but not limited to the presentation of a major credit card and are responsible for any incidentals or costs incurred to any hotel rooms including room service or damage.
9. DISCLAIMER OF WARRANTIES.
The Tournament Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Tournament. WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING AND WITHOUT ABROGATING THE TWITCH POLICIES OR THE END USER LICENSE AGREEMENT FOR THE TITLE GAME OR OTHER AGREEMENTS THAT APPLY TO THE TITLE GAME, THE TOURNAMENT ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE TWITCH SERVICES, TWITCH WEBSITE, TITLE GAME SOFTWARE, EQUIPMENT AND THE OPERATION OF THE TOURNAMENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND THEIR EQUIVALENTS, UNDER THE LAWS OF ANY JURISDICTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
10. IMPORTANT. PLEASE READ – GENERAL RELEASE AND LIMITATION ON LIABILITY.
Each Player knowingly consents to participate in any or all Tournament activities under his or her own free will and without duress or undue influence of any third party. BY ENTERING AND/OR OTHERWISE PARTICIPATING IN THE TOURNAMENT, EACH PLAYER, ON BEHALF OF HIMSELF OR HERSELF AND HIS OR HER HEIRS, HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASES, DISCHARGES AND HOLDS THE TOURNAMENT ENTITIES, THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND MEMBERS HARMLESS FROM AND AGAINST ANY AND ALL ACTUAL AND POTENTIAL, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED CLAIMS, DEMANDS, CAUSES OF ACTION, COSTS, LOSSES, INJURIES, LIABILITIES AND DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION MENTAL AND/OR PHYSICAL INJURIES OR DEATH AND DAMAGES TO OR LOSS OF PERSONAL PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO PARTICIPATING IN THE TOURNAMENT, ATTENDING OR PARTICIPATING IN ANY TOURNAMENT-RELATED EVENT OR ACTIVITY AND/OR THE USE OR MISUSE OF ANY PRIZE (“RELEASED MATTERS”). IN CONNECTION WITH THIS RELEASE, EACH PLAYER ACKNOWLEDGES THAT HE OR SHE MAY HEREAFTER DISCOVER CLAIMS PRESENTLY UNKNOWN OR UNSUSPECTED, OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH HE OR SHE NOW KNOWS OR BELIEVE TO BE TRUE, WITH RESPECT TO ANY RELEASED MATTERS. NEVERTHELESS, EACH PLAYER INTENDS THIS RELEASE TO FULLY, FINALLY AND FOREVER RELEASE THE TOURNAMENT ENTITIES FROM ALL RELEASED MATTERS. IN FURTHERANCE OF SUCH INTENTION, THE RELEASES SET FORTH IN THIS AGREEMENT SHALL BE AND SHALL REMAIN IN EFFECT AS FULL AND COMPLETE RELEASES NOTWITHSTANDING THE DISCOVERY OR EXISTENCE OF ANY SUCH ADDITIONAL OR DIFFERENT CLAIMS OR FACTS RELEVANT HERETO. EACH PLAYER HEREBY EXPRESSLY WAIVES ALL RIGHTS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR LAW OF ANY OTHER STATE, COUNTRY OR TERRITORY. SUCH SECTION READS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
The Tournament Organizers are not responsible for any incorrect or inaccurate information or other materials, on, associated with or utilized as part of the Twitch Website or the Tournament Website, and the Tournament Organizers assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Twitch Website or the Tournament Website or the field of play in the Title Game. Although the Tournament Organizers attempt to ensure the integrity of the Tournament, the Tournament Organizers are not responsible for the actions of Players in connection with the Tournament, including a Player’s attempt to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Tournament. Without in any way limiting the generality of the foregoing, each Player agrees that the Tournament Entities shall not be responsible or liable for, and are hereby released from, any and all claims, costs, injuries, losses or damages of any kind, relating to any of the following:
● incomplete, lost, late, misdirected or illegible registrations or the failure to receive registrations due to any cause, including without limitation human or technical problems, failures, or malfunctions of any kind, whether originating with Player, the Team, the Tournament Organizers, or otherwise, that may prevent or limit a Player’s ability to participate in the Tournament or send or receive messages requiring action or response by such Player;
● any computer system, gaming console, phone line, hardware, software or program malfunctions, or other errors, failures, hacks, unauthorized access, delayed computer transmissions or network connections which may result in alteration of Game play or affect Game results; and
● any problems or technical malfunction of any network or lines, servers or providers, equipment, or software, including any injury or damage to Player Equipment resulting from participation in the Tournament. The limitations shall apply to the fullest extent permitted under the applicable law.
11. INDEMNIFICATION.
Each Player hereby agrees to indemnify and hold the Tournament Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all third party damages, liabilities, costs and expenses, including reasonable outside legal fees and costs relating to or arising out of any breach of any of the warranties, representations, covenants, obligations or agreements of the Player under the Official Rules.
The indemnification obligations hereunder shall survive the expiration or earlier termination of the Tournament.
12. FORCE MAJEURE.
The Tournament Organizers reserve the right to modify, suspend, extend or terminate the Tournament or any part thereof if they determine, in their sole discretion, that the Tournament is technically impaired or corrupted or that fraud or technical problems, failures, malfunctions or other causes have destroyed, corrupted or undermined the administration, security, fairness, integrity, proper play or feasibility of the Tournament or any portion thereof as contemplated herein. In the event the Tournament Organizers are prevented from continuing with the Tournament by any event beyond their control, including but not limited to fire, flood, epidemic, pandemic (including, without limitation, COVID-19, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, order of any court in any jurisdiction, or other cause not reasonably within the Tournament Organizers’ control, irrespective of whether the event is considered as a force majeure by applicable law, (each a “Force Majeure” event or occurrence), the Tournament Organizers shall have the right to modify, suspend, extend or terminate the Tournament.
The Tournament Organizers, in their sole discretion, may require the replaying of any Game or Match, or declare any Game or Match or other phase of the Tournament null and void by reason of any of the foregoing. In the event the Tournament Organizers determine, in their sole discretion, that any individual Game or Match or other phase of the Tournament, has been tampered with or that the validity of any Game, Match or other phase of the Tournament has been compromised for any reason, they may eliminate that Game, Match or other phase of the Tournament, and may conduct the Tournament on the basis of the remaining Game, Match and/or other phases of the Tournament.
13. TRANSFER OF PLAYER INFORMATION.
By registering for and/or otherwise participating in the Tournament, each Player acknowledges the collection, transfer, storage and processing of his or her information to and in the United States and/or to other countries outside the country of Player’s country of residence. Such other countries, including the United States may not have privacy laws and regulations that are similar to those of the country of Player’s residence. A Player may exercise their right of access, rectification, erasure, limitation of processing, objection to processing, profiling, and/or automated decisions and if, applicable, portability, regarding any of their personal data held by Twitch in connection with the Tournament by following the instructions provided in the Twitch Privacy Notice posted on the Twitch Website. By participating in the Tournament, each Player agrees that Twitch may use their game play session data during such Tournament to enhance viewers’ discovery of and experience with such Player’s Twitch channel during the Tournament.
14. DISPUTES.
The Official Rules are governed by the state and federal laws that apply to the State of California, United States of America. Except as otherwise provided herein, any legal suit, action or proceeding arising out of or relating to the Official Rules, the operation of the Tournament or otherwise, will be resolved by litigation in the courts located within the City and County of San Francisco in the State of California, United States of America. You, as a Player, hereby consent to the exclusive jurisdiction of and venue of such courts, will accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to you. Any dispute or claim relating in any way to the Official Rules, the terms thereof, or the Tournament will be resolved by binding arbitration as described in this paragraph, rather than in court, in the City and County of San Francisco, California, except that (a) Player may assert claims in a small claims court if your claims qualify, and (b) either Party may bring suit by submitting to the courts in the aforementioned jurisdiction and waiving such Party’s respective rights to any other jurisdiction to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this agreement as a court would. For a Player to begin an arbitration proceeding, the Player must send a letter requesting arbitration and describing the claim to Twitch’s registered agent, Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento CA 95833. Arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer -Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. Twitch will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Twitch will not seek attorneys’ fees and costs from a Player in arbitration unless the arbitrator determines the claims are frivolous. A Player may choose to have the arbitration conducted by telephone, based on submissions, or in person in the county in which Player is located, or the agreed upon jurisdiction described above. The Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the Parties each waive any right to a jury trial.
15. INVALIDITY/HEADINGS.
The Official Rules and the other agreements referenced herein constitute the full and complete agreement and understanding between each Player and the Tournament Organizers in connection with the Tournament and replace and supersede all prior negotiations, agreements or understandings that may have been entered into between such Player and such Tournament Organizer with respect to the subject matter hereof. The Official Rules cannot be modified or amended in any way except by a written instrument signed by Twitch. The waiver of any term, condition, or breach of the Official Rules shall not be deemed to be a waiver of that breach or any other term or condition in the future. The invalidity or unenforceability of any provision in the Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, the Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in the Official Rules solely for convenience and ease of reference, and shall not be deemed to affect in any manner the meaning or intent of the Official Rules or any provision hereof.
