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Official Tournament Rules For PUBG Regional Monthly Tournament Series
The PUBG Regional Monthly Tournament Series competition (the “Tournament”) is brought to you by Global Loot League (“GLL”). The Tournament is an open competition featuring PlayerUnknown’s Battlegrounds (the “Title Game”) developed and published by Bluehole Studio, Inc. (“Bluehole”). As set forth more fully in Section 3, entitled “Tournament Format”, the Tournament consists of a series of Games featuring 80 invited Players divided into 40 Teams of 2 players. These Official Tournament Rules (“Official Rules”) govern the Tournament. These Official Rules are in addition to the rules that govern how the Title Game is played (the “Game Play Rules”). The Game Play Rules are set forth in Section 8, entitled “Game Play Rules”. Each person who participates in the Tournament is referred to as a “Player”. 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 he or she has 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 these Official Rules and the decisions that Twitch and the other “Tournament Organizers” (as defined below) 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. These Official Rules are subject to change, as determined by the Tournament Organizers in their sole discretion. 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 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. These 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 these Official Rules and the English version of these Official Rules, the English version shall prevail, govern and control.
2. CERTAIN DEFINITIONS
Round – a single Title Game competition between Teams. Match – Tournament play between multiple teams that may involve multiple Rounds Sets-of-X – A Match that has X number of Rounds. Team – a group of Players who compete in the Tournament together as a unit. Tournament Entities – Twitch, the Tournament Organizers, any official sponsors of the Tournament, 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 – any Team that is officially declared a Winner as set forth in Section 10, entitled “General Prize Restrictions”.
3. TOURNAMENT FORMAT
3.1. Open Qualifier Teams, each with two (2) Players, will first be entered into the “Open Qualifier” stage for the applicable region in which they are registered. The Open Qualifier stage will be comprised of multiple waves of Matches requiring teams to compete in Sets-of-4 Rounds. Teams will be ranked based on points assigned for their placement and kill count after each Round. The Teams with the most points will advance to the next wave while the other teams will be eliminated. After all waves of the Open Qualifier are completed, Forty (40) teams will qualify to compete in the weekly tournament. Players will not be able to change Teams without forfeiting all previous points earned. 3.2. Weekly Tournament Forty (40) Teams will be entered into the “Weekly Tournament” stage by qualification through the Open Qualifier. The Weekly Tournament stage will be comprised of a single Match featuring a Set-of-5 Rounds. Teams will be ranked based on points assigned for their placement and kill count after each Round. These points will be tabulated and saved on the Regional Monthly Leaderboard. The ten (10) Teams with the most points on the regional monthly leaderboard will be invited directly to the next Weekly Tournament, while the other teams will need to re-qualify through the Open Qualifier. Players will not be able to change Teams without forfeiting all previous points earned. 3.2. Regional Monthly Championship Teams will be entered into the “Regional Monthly Championship” stage by direct invitation and qualification based on the Regional Monthly Leaderboard. The Regional Monthly Championship stage will be comprised of a single Match featuring a Set-of-5 or Set-of-7 Rounds. Teams will be ranked based on points assigned for their placement and kill count after each Round.
4. GENERAL ELIGIBILITY AND PLAYER EQUIPMENT REQUIREMENTS
All Players must be legal residents of Sweden, Norway, Finland, Denmark, Iceland, Estonia, Latvia & Lithuania who are 13 years of age or older on the respective start date of the Tournament. Players must be able to provide proof of eligibility. 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 username (in either instance, the “User Name”). Each Player represents and warrants that their User Name and Team name and logo 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 the Code of Conduct described in Section 7. 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. 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 GLL are not eligible to participate in the Tournament without express written permission from the Tournament Organizers. Players must have access to the Internet and supply their own equipment needed to participate in the Tournament, including, without limitation, monitors and 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”). The Tournament is comprised entirely of Teams. Players must combine to form a Team consisting of two (2) individual Players. 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 in order to be considered a member of the applicable Team. During the registration process, the Team Captain will create/register a Team name and Players will be able to join the Team by invitation from the Team Captain. If necessary, 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. Except as otherwise expressly set forth herein, all of the Tournament Organizers’ rights pursuant to these Official Rules relate to and are exercisable against the Team as a whole and each individual member of the Team. If any right of disqualification arises as to any individual member of the Team, then the right of disqualification may be exercised either as to such individual member of the 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 these 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, these 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. But please note that disputes 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. Teams that Twitch, in its sole discretion, determines are directly or indirectly owned or controlled by a person or entity that operates sports (including esports) gambling, wagering, bookmaking, or betting sites or platforms are not eligible to participate in the Tournament. Please note that Twitch may require a Player or a Team to execute and deliver “Winner Forms” (as defined in Section 10) at any time during the Tournament, including as a condition of participating in a particular Match or phase of the Tournament.
5. REGISTRATION INFORMATION
6. PLAYER APPEARANCE RELEASE
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, 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 Universe 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, to advertise, market and promote the Tournament, the Twitch Website, the Tournament Website, the Title Game, the Tournament Entities and future tournaments. 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 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 by way of assignment and transfer of present and future copyright and otherwise, each Player 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 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 allowable under any applicable law, each Player hereby irrevocably waives any and all so-called 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) and/or right of publication (droit divulgation)] he or she may have in the Appearance, and agrees that he or she 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 and slander) 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 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.
7. CODE OF CONDUCT
All Players are expected to exhibit good sportsmanship and maintain respect for one another and for all Tournament Organizers 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 these Official Rules (including the 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  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 Usernames, 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 these 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.
8. GAME PLAY RULES
These are the “Game Play Rules” governing how the Title Game is played during the Tournament. 8.1. Game Settings
- Duos game mode
- Custom lobby
- Custom spawn rates
- Custom circle speed
8.2. Maps Games will be played on both Miramar and Erangel 8.3. Controllers All standard controllers, including mouse and keyboard, are permitted. Macro functions (e.g. turbo buttons) are not permitted. 8.4. Internet Connection Players are responsible for maintaining adequate internet connection. 8.5. Broadcasting Players are encouraged to broadcast all gameplay on their personal stream channel. “Stream sniping” is strictly prohibited. 8.6. Match Obligations 8.6.1. Punctuality The online Match lobby will open 15 minutes before the scheduled Match time. All Teams must be in the online Match lobby by the Match start time. Matches will not be delayed except in exceptional circumstances. 8.6.2. Communications Tournament Organizers will specify a VoIP server for all official communication during the Tournament. Players must ensure that their VoIP usernames are recognizable as their Twitch names or linked to their Twitch accounts. Players must report to the VoIP server 30 minutes before the Tournament start time. 8.7. Match Disruptions 8.7.1. Disconnects In the event of a disconnect, the Player that disconnected will not be able to rejoin the Match. Should the last remaining Player on a Team disconnect, that Team will be granted the finish position that their last characters die at. 8.7.2. Server Crash In the event of a full server crash, Tournament Organizers will award Points to all remaining Teams equal to the highest placement possible at the time of the crash. Tournament Organizers may instead issue a replay of that particular Game, at their sole discretion. 8.7.3. Stoppage of Play Tournament Organizers may halt a Game or Match at any time and for any reason. In the event of a stoppage of play, Players must remain at their devices and may not communicate with other Players until the Game or Match is resumed. 8.7.4. Restarts The Tournament Organizers may order a Game or Match restart due to exceptional circumstances, such as if a bug significantly affects a Player’s ability to play or the Game or Match is disrupted by a Force Majeure or other event. 8.8. Cheating 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. 8.8.1. Replays Players are required to save replays from all of their matches in the PUBG Regional Monthly Tournament Series and must be able to submit to the Tournament Organizers upon request. 8.9. 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 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.
8.10. Sponsorships; Other Content Teams have the ability to acquire sponsorships. However, sponsors or content falling under the following categories may not be displayed during official Tournament play:
- Brands in categories that have been granted exclusive sponsorship rights for the Tournament by the Tournament Organizers
- Religious programming, political matters
- 900 numbers
- X-rated material
- Habit-forming drugs, drug related paraphernalia
- Herbal remedies or “miracle cure” products
- Tobacco products
- Any adult-oriented products or services (including adult-oriented pay per view programs and male enhancement products)
- Salacious products or services or other material which would generally be considered obscene or indecent
- Content that a reasonable person would deem objectionable, indecent, vulgar or offensive
- Content which promotes discrimination, hate, violence, the use of illegal substances, illegal activity, mail fraud, pyramid schemes, or investment opportunities or advice not permitted by applicable law
- Content which is unlawful, pornographic, libelous, defamatory, or violates a third party’s privacy or publicity rights
- Content which constitutes hate speech
- Content which discriminates, ridicules, advocates against, harasses, or attacks an individual or group on the basis of age, color, national origin, race, religion, sex, sexual orientation, gender identity, or disability
- Any other activity that contravenes any applicable laws or regulations (including lotteries, illegal gambling products or other illegal wagering activity)
Up to Five Thousand U.S. dollars ($5,000) in prizes are available in the Tournament as described below. Payments will be made in United States dollars and the approximate value of non-cash prizes is based on the value in United States dollars. 9.1. Regional Monthly Championship The top 8 teams in the Regional Monthly Championship (based on points) will receive up to Two Thousand U.S. dollars ($2000) in accordance with the chart below.
|Standing||Prize Money (USD)|
|1st||$1000 per Player|
|2nd||$400 per Player|
|3rd||$300 per Player|
|4th||$250 per Player|
|5th||$200 per Player|
|6th||$150 per Player|
|7th||$100 per Player|
|8th||$100 per Player|
10. GENERAL PRIZE RESTRICTIONS
Each Player that has been declared the winner of a prize in the Tournament will not be an official winner (each such individual, a “Winner”) unless and until they execute (or, if the potential winner is a Minor, their parent or legal guardian executes) an Affidavit of Eligibility, a Liability Release, and where imposing such condition is legal, 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) 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 may be disqualified. In the event a Player is disqualified, Twitch reserves the right, but not the obligation, to award the affected prize to the Player that last lost to the disqualified Player. Within thirty (30) 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 these Official Rules. No substitutions may be made for prize(s), except by Twitch, who reserves 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 in its 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. Winner will be responsible for all taxes (including but not limited to federal, state, local and/or income) on any prize won and on the value of any items or value transferred to the Player by Twitch, and will be required to provide his/her Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information for tax reporting purposes (at a time to be determined in Twitchʼs sole discretion, and which may be prior to participation in a particular round or prior to receipt of any prize by Player). Twitch 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 the Player by Twitch in accordance with IRS requirements, and Twitch may also share such documentation with a state 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 (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by Twitch in its sole discretion, will result in the Winner forfeiting the prize(s) and an alternate Winner being selected in accordance with these Official Rules. Twitch will award prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize. Winners who do not claim the prize, or satisfy the information or documentation requirements within six (6) months of the close of the Tournament or such earlier time as designated by Twitch, are void, and the Tournament Organizers shall have no further liability or responsibility to such Player(s) in connection with the prizes. Any prizes pictured in advertising, promotional and/or other Tournament materials are for illustrative purposes only. The actual prize 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 these Official Rules, these Official Rules shall prevail, govern and control. All details and other restrictions of any prize not specified in these Official Rules will be determined by the Tournament Organizers in their sole discretion.
11. 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 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.
12. 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 RELEASES, DISCHARGES AND HOLDS THE TOURNAMENT ENTITIES 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. 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 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.
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 (collectively, “Third Party Claims”) relating to or arising out of any breach of any of the warranties, representations, covenants, obligations or agreements of the Player under these Official Rules. Except for matters for which Player is obligated to indemnify the Tournament Entities hereunder, Twitch will indemnify and hold each Player harmless from and against any Third Party Claims arising from production, distribution and exploitation of the Tournament. The Player or Tournament Entity seeking indemnification (the “Indemnified Party”) shall promptly notify the Tournament Entity or Player, as the case may be, responsible for indemnification (the “Indemnifying Party”) of the existence of any Third Party Claim giving rise to indemnification under these Official Rules. In the event of a Third Party Claim, the Indemnifying Party shall have a reasonable opportunity to defend the same at its own expense and with its own counsel, provided that the Indemnified Party shall at all times have the right to participate in such defense at its own expense. If, within a reasonable time after receipt of notice of a Third Party Claim the Indemnifying Party fails to undertake the defense, the Indemnified Party shall have the right, but not the obligation, to defend and to compromise or settle (exercising reasonable business judgment) such Third Party Claim for the account and at the risk and expense of the Indemnifying Party. The Indemnified Party shall make available to the Indemnifying Party, at the Indemnifying Party’s expense, such information and assistance as the Indemnifying Party shall reasonably request in connection with the defense of such Third Party Claim. The Indemnifying Party will keep the Indemnified Party informed of the status of the Third Party Claim and will not settle such Third Party Claim without the Indemnified Party’s prior written consent unless the settlement includes a full and complete release of the Indemnified Party and its parent, subsidiary and affiliated entities and each of their respective officers, directors and employees. The indemnification obligations hereunder shall survive the expiration or earlier termination of the Tournament.
14. FORCE MAJEURE
Twitch reserves the right to modify, suspend, extend or terminate the Tournament or any part thereof if it determines, in its 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 Twitch is prevented from continuing with the Tournament by any event beyond its control, including but not limited to fire, flood, epidemic, 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 or jurisdiction, or other cause not reasonably within the Tournament Organizers’ control (each a “Force Majeure” event or occurrence), Twitch 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, it 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.
15. TRANSFER OF PLAYER INFORMATION
These 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. These 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 these 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 these 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, these 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 these Official Rules solely for convenience and ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.