GUNDAM EVOLUTION PILOT ACADEMY
Effective Date: January 20, 2023
- INTRODUCTION. Gundam Evolution Pilot Academy is a series of tournament events (each a “Tournament Event” and collectively, the "Tournament"), brought to you by Bandai Namco Entertainment America Inc. (“BNEA”) and is subject to these Official Rules (the “Rules”). The Tournament Group reserves the right, at its discretion, to change, modify, add, or remove portions of these Rules, provided that any changes are effective immediately and will be made available on the Tournament Website, which each Player hereby agrees to periodically visit and check for any changes, updates, or additions to these Rules. These Rules, including any additional terms or conditions incorporated by reference herein, sets forth the entire understanding and agreement between the Tournament Group and Player with respect to Player’s participation in the Tournament.
- DEFINITIONS. Throughout these Rules, certain capitalized words and phrases have been given specific definitions, which can be identified wherever those words or phrases first appear in quotes. Accordingly, in addition to terms that are defined above or below this Section 2, the following terms are defined as follows:
- “Effective Date” means the date set forth above.
- “Deliverables” means any Tournament images, photographs, audio/visual works, and recordings incorporating the Player’s appearance, including without limitation the Player’s name, user name, image, likeness, voice, and/or related Intellectual Property Rights.
- “Game” means Gundam Evolution.
- “Grand Champion” means the grand Prize Winner of the Showdown.
- “Grand Finals” is a Match Set between the top (2) placing Teams in a Tournament Event.
- “Match” means a competition between two (2) Teams as set forth in Section 4.
- “Player” means each individual player who participates in the Tournament and is subject to the Eligibility Criteria.
- “Prize” means each prize awarded to a Prize Winner, according to the Prize Schedule.
- “Prize Winner” means each Team that is awarded a Prize, subject to verification of each Team and Player’s compliance with these Rules.
- “Team” means a group of six (6) individual Players.
- “Territory” means the following, excluding any countries determined by BNEA or as required by applicable law:
- North America: (i) “United States”: Alaska, Hawaii, Washington, Oregon, Nevada, California, Idaho, Utah, Arizona, Montana, Wyoming, Colorado, New Mexico, North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, Texas, Minnesota, Iowa, Missouri, Arkansas, Louisiana, Wisconsin, Illinois, Indiana, Ohio, Michigan, Pennsylvania, Maryland, District of Columbia, Delaware, New Jersey, New York, Vermont, New Hampshire, Massachusetts, Connecticut, Rhode Island, Maine, Kentucky, West Virginia, Virginia, Tennessee, North Carolina, South Carolina, Mississippi, Alabama, Georgia, Florida, (ii) “Canada”: Yukon, British Columbia, Northwest Territories, Alberta, Saskatchewan, Nunavut, Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Prince Edward Island, Nova Scotia.
- Mexico & Central America: Mexico, Guatemala, Belize, Honduras, El Salvador, Nicaragua, Costa Rica, Panama, Bahamas, Puerto Rico, Dominican Republic, Cayman Islands, Jamaica, British Virgin Islands, United States Virgin Islands, Guadeloupe, Sint Maarten, Barbados, Colombia, Guyana, Suriname, French Guiana, Trinidad and Tobago, Martinique.
- South America: Ecuador, Brazil, Peru, Bolivia, Paraguay, Uruguay, Chile, Argentina.
- “Tournament Group” means, collectively: (i) BNEA; (ii) the Tournament Organizer; and (iii) BNEA and Tournament Organizer’s respective affiliates, related companies, and authorized agents, including without limitation their parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, sponsors and suppliers of material and services related to the Tournament, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Tournament and their respective officers, directors, employees, agents, and other representatives.
- “Tournament Organizer” means a third party organizer who has been engaged by BNEA to organize, manage, and produce the Tournament, including managing Tournament Event Organizers, and supplying and fulfilling prizes, as applicable.
- "Tournament Event Organizer" means a third party organizer responsible for organizing, managing, and producing Tournament Events, including supplying and fulfilling prizes, as applicable.
- "Tournament Website" means the official Tournament website, available at: https://www.start.gg/league/pilot-academy/details
- TOURNAMENT STRUCTURE. The Tournament will be divided into different Tournament Events with the opportunity to earn Points towards qualifying to compete in the Showdown, as further set forth below:
- Academy Events. “Academy Events” are independently operated open online Tournament Events that have opted in to be recognized as part of the Tournament via an application process on the Ranking Website (as defined below), or other website designated by BNEA. The application process confirms prospective events meet criteria necessary for Academy Event classification. Academy Events are required to use the Ranking Website (or other websites designated by BNEA) to (i) list their Academy Event; (ii) take registration; and (iii) setup and record the bracket. Academy Events are required to comply with these Rules, including the Tournament format and ruleset set forth in Section 4. The Tournament Group is not involved in or responsible for Academy Events and organizers of Academy Events shall be solely responsible for organizing, operating, and reporting results from, each Academy Event. Academy Events are not sponsored by, endorsed by, administered by, or associated with the Tournament Group. By entering a Academy Event, each Player hereby releases and agrees to hold the Tournament Group harmless from any liability arising out of such Player’s participation in the applicable Academy Event. Any questions, comments, or complaints regarding an Academy Event should be directed to the appropriate organizer of the applicable Academy Event and not to the Tournament Group. BNEA and the Tournament Organizer reserve the right in their sole discretion to disqualify Points earned by Players in any Academy Event if BNEA or the Tournament Organizer suspects any Academy Event of incorrectly calculating points, engaging in or allowing outcome fixing, or other facts and circumstances that cause BNEA or the Tournament Organizer to question the integrity of the results of such Academy Event. Varying amounts of Points will be available for Players to earn at Academy Events, based on the number of registrants.
- LCQ Event. “Last Chance Qualifier” or “LCQ” is an open Tournament Event designated as LCQ by BNEA, where Teams will be eligible to qualify for the Showdown. This will take place at the end of the season prior to the Showdown. The two (2) top placing Teams will be invited to participate in the Showdown.
- Showdown Event. “Showdown” is an invitational Tournament Event in which the six (6) Teams with the most Points and the two (2) highest placing Teams from the LCQ will be invited to attend the Showdown.
- Tournament Communication. Tournament operation and communication between Players and the Tournament Organizer will happen over the communication platform, Discord (“Discord”).
- Points System. Points will be available at Academy Events as set forth in the chart below. Total Points earned during the Tournament will help determine the list of Teams invited to compete and the bracket seeding in each Showdown. If two (2) or more Teams in the Rankings have the same number of Points, the tiebreaker will be resolved in favor of a single Team by applying the following tiebreaking mechanisms, in order of application: (i) highest total Points at a Team’s top four (4) placing Academy Events; (ii) highest Point total from an individual Tournament Event, based on the four (4) Academy Events set forth in the foregoing; or (iii) a custom tie-breaker solution as determined by BNEA.
- Rankings. Teams will be ranked on their best performances in four (4) Academy Events. A Team is allowed to enter any number of Academy Events and be eligible to participate in the LCQ unless qualified to the Showdown via points.
- Ranking Website. The Tournament Website will have a link to a separate website (available at: https://www.start.gg/league/pilot-academy) where players can access Ranking information and participate in Tournament Events (the “Ranking Website”). For a Team’s Points to be counted and information to be displayed in the Rankings, each Player on a Team must have a valid start.gg and Twitter account. Accordingly, each Player acknowledges and agrees that if Player does not complete the foregoing requirements, such Player Team’s Points will not be counted and such Ranking information will not be displayed in the Rankings, which could result in a Player and/or Team being ineligible to receive Prizes. The Ranking Website may be incomplete or contain errors or inaccuracies that could cause the display of inaccurate or incomplete information, failures, corruption and/or loss of data or information. Players expressly acknowledge and agree that, to the extent permitted by applicable law, all use of the Ranking Website is at Players’ sole risk and responsibility.
- TOURNAMENT FORMAT & RULES.
- Double Elimination. Each Tournament Event will be played as a double elimination (a “Double Elimination”) bracket competition, in which Teams compete in Matches (the “Match Sets”) starting from what is known as the winner’s side of the bracket (the “Winner’s Bracket”). If a Team loses a Match Set while in the Winner's Bracket, that Team will be moved to the loser’s side of the bracket (the “Loser’s Bracket”). If a Team loses a Match Set while in the Loser’s Bracket, that Team is eliminated and will no longer advance further in the bracket for that Tournament Event. The winner of the Winner’s Bracket will play against the winner of the Losers Bracket in the Grand Finals of that Tournament Event, as set forth below.
- Match Play.
- Players will be required to create a lobby for each Match Set based on the published bracket.
- Players must have the Game installed to participate in the Tournament.
- All Matches must use the standard ruleset and setting present in the online Game lobbies.
- Players must keep accurate records and report their scores.
- Teams will have up to ten (10) minutes to start their next Match Set after their previous Match Set concludes. Failure to do so will result in a loss.
- Teams will have an additional five (5) minutes to start their Match Set after the initial ten (10) minutes. Failure to do so will result in a loss.
- Teams will have five (5) minutes to start their next Match within a Match Set during the Tournament.
- The first offense will result in a warning.
- The second offense will result in a loss.
- Players must use a Game version on one of the following platforms: PC/Steam.
- BNEA reserves the right to prohibit the use of specific "Mobile Suits." If a Mobile Suit is restricted for a specific Tournament Event, it will be communicated prior to the start of the Tournament Event.
- The "Coach" and "Spectator" features cannot be used during the Tournament unless otherwise directed by a tournament official.
- During the Showdown, in the event of a disconnect the opposing Team may call a timeout. Only 1 timeout is allowed per Team, per Match.
- Match Settings – Academy Events.
- Each Match Set aside from the Grand Finals will be best-of-three Matches (“Bo3”), with the first Team to win two (2) Matches will be the winner of the Match Set.
- The Grand Finals will be best-of-five Matches (“Bo5”), with the first Team to win three (3) Matches will be the winner of the Match Set
- Each first Match in the Open Bracket Qualifier must use a random map and game mode.
- The Team that loses the first Match will choose the map and game mode for the second Match.
- If the Match Set goes to a third Match, the Team that lost the second Match will choose the map and game mode for the third Match.
- A previously chosen map and game mode, including the random map and game mode of the first Match, cannot be played again in that Match Set.
- Each Grand Finals Match Set will be best-of-five Matches (“Bo5”), with the first Team to win three (3) Matches will be the winner of the Match Set and declared the winner.
- Match Settings – Showdown
- A new bracket will be created consisting of only the eight (8) qualified Teams.
- The new bracket will be seeded based on the following table.
- A new bracket will be created consisting of only the eight (8) qualified Teams.
1st on Points Leaderboard vs 2nd Seed LCQ
4th on Points Leaderboard vs 5th on Points Leaderboard
2nd on Points Leaderboard vs 1st Seed LCQ
3rd on Points Leaderboard vs 6th on Points Leaderboard
- Each Match Set will be Bo3, until the Grand Finals which will be Bo5.
- The first Match of all Match Sets in the Showdown will be determined by BNEA and the Tournament Organizer.
- The Team that loses the first Match will choose the map and game mode for the second Match.
- The loser of the previous Match will choose the next map and game mode until a Team wins the Match Set.
- When a Match within a Match Set concludes with a Draw, the Match is considered both a win and a loss for both Teams. This can happen as a normal game play process or when the internal Match timer hits 0. Both Teams’ Match records increase by 1 Match win and loss, and may result in a Match Set win for one of the Teams.
- In a case where the Match score is tied and applying a win to both Teams produces no accurate Match Set winner (e.g., during a best of 3 match, game 3 ends in this way), then the Match will be voided and must be replayed using the same map and game mode.
- Match Restarts. Matches or Match Sets will not be restarted for any reason unless specified by BNEA and/or the Tournament Organizer. Matches and Match Sets must be played to completion regardless of the current status or ongoing issues during an ongoing Match or Match Set.
- Tournament Disputes. Any disputes or issues related to the Tournament can be submitted to BNEA and the Tournament Organizer according to the following:
- The official Discord event server’s ticketing system or the official website’s dispute or ticketing system. Players must submit ample video or screenshot proof if available and applicable. Any decisions made by BNEA and its designated representatives are final and binding.
- TOURNAMENT SCHEDULE. The Tournament will commence and end according to the schedule set forth below, location and dates subject to change (“Tournament Schedule”):
Tournament Event Date
Spring Pilot Academy
January 7, 2023 through March 26, 2023
- ELIGIBILITY. This Tournament is only open to Players who, from the time of entry, until all Prizes have been awarded: (a) are legal residents of one of the areas specified in the Territory; (b) are of the age of majority in the jurisdiction in which the Tournament is located or who have received explicit permission from their parent or guardian; (c) possess a valid form of state or federal government-issued identification; (d) are not subject to applicable sanctions prohibitions, including, without limitation, any person listed on the U.S. Department of Treasury Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List; (e) are not officers, directors, employees, agents, or representatives of the Tournament Group or its respective parents, affiliated or related companies, agencies, suppliers of the materials or services related to this Tournament, or members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents, or representatives; and (f) are and remain in compliance with these Rules and any applicable terms and conditions related to the Game, including the Game’s end user license agreement (“EULA”) (collectively, the “Eligibility Criteria”). If an individual who does not meet the Eligibility Criteria becomes a winner, such Player participation will be void and the Player will be deemed ineligible. All applicable federal, state, and local laws and regulations apply. Void where prohibited, restricted, or where conducting the Tournament would subject the Tournament Group to any tax, duty, tariff, or other fee mandated by local law.
- HOW TO ENTER & ENTRY CONDITIONS.
- Players that meet the Eligibility Criteria can join the Tournament by registering to enter a Tournament Event by such means of registration as specified for such Tournament Event. As between BNEA and the Player, BNEA retains all right, title, and interest in any materials or content submitted or provided by a Player, to the extent permitted by applicable law. Players can find more information regarding the Tournament by visiting the Tournament Website.
- By registering or otherwise participating in the Tournament, each Player (and guardians of any minor Player) confirms that such Player meets the Eligibility Criteria and has read, understands, and agrees to abide by these Rules, including the Arbitration Agreement and Class Action Waiver, and all other applicable terms and conditions described or referenced herein. Any Internet access required to register must be obtained by each Player, at no cost to the Tournament Group.
- In connection with the Tournament, each Player represents and warrants that such Player: (i) will not infringe, violate, or misappropriate the rights of any third party, including any copyrights, trademarks, trade secrets, industrial design rights, design and utility patents, rights to likeness, publicity, or privacy, and other similar intellectual property rights, as may be recognized in any territory throughout the World, whether registered or unregistered (collectively, “Intellectual Property Rights”); (ii) will submit such photographs, videos, audio clips, or other recordings of the Player as may be requested by the Tournament Group, will license such content or materials to BNEA and its nominees for any use related to advertising and marketing the Tournament, and will take care that any such content or materials will be free from all liens, charges, encumbrances, restrictions, licenses, equities, and claims of any third party; and (iii) shall not submit any content or material that: (a) promotes or contains libelous or defamatory materials, false or deceptive materials, hate speech, pornography or sexually explicit materials, obscene language, violence, the use of firearms, prescription drugs, alcohol or tobacco, or discrimination against a protected group (whether based on race, color, sex, religion, nationality, disability, sexual orientation, age, or similar category); (b) is associated with any illegal activity (including gambling, trafficking, or the use of illegal substances); (c) violates any Intellectual Property Rights of any third party, is invasive of another’s privacy, or is threatening, abusive or harassing; (d) contains, links to, uses, or otherwise transmits or enables the transmission of any malware, viruses, worms, Trojan horses, adware, spyware, or other harmful code or programs for any purpose, including search hijacking or browser URL hijacking to drive traffic to any website, uses a “BotNet” or other automated or manual means of generating fraudulent traffic, clicks, impressions, or other actions on any website; or (e) promotes, facilitates, or enables the illegal downloading of videos, music, or other copyrighted material, (e.g., P2P/BitTorrent/MP3 tracking and indexing apps, “linking” or “leeching” apps, ROMs, “warez,” emulators, hacks, “phreaks,” “cracks,” or ripping software for illegally circumventing DRM or other copy protection devices.
- All Player participation is subject to verification. The Tournament Group reserves the right to disqualify any Player that the Tournament Group reasonably believes or suspects provided forged, altered, or false information, or that has otherwise failed to comply with these Rules.
- PRIZES. Prizes will be awarded as set forth below. Prize payments will be made in United States dollars, in accordance with industry standard payout methods, and the Prize Restrictions set forth in Section 9.
1st (Grand Champion)
Each Player will receive an equal portion of the Prize awarded to their respective Team.
- PRIZE RESTRICTIONS.
- In order to receive a Prize identified in the above-referenced notification, each Prize Winner must: (i) execute, scan and email to the Tournament Organizer, a written affidavit or declaration of eligibility, confirming such Prize Winner’s fulfillment of the Eligibility Criteria and compliance with the Rules (the “Affidavit”), within twenty-four (24) hours of sending such Prize Winner such Affidavit; (ii) execute, scan and email to the Tournament Organizer a written release, releasing the Tournament Group from any liability in connection with this Tournament, the acceptance, possession, enjoyment, use or misuse of a Prize, or the public disclosure of such Prize Winner’s identity in connection therewith (the “General Release”) within twenty-four (24) hours of sending such Prize Winner such General Release; (iii) in the case of hotel or travel accommodations, complete and return a travel release form, releasing the Tournament Group from any liability, or any harm or injury caused or incurred in connection therewith (the “Travel Release”); and (iv) all tax documentation required by the law of such Prize Winner’s jurisdiction (“Tax Documentation”).
- A Prize Winner’s Prize may be forfeited if: (i) Prize Winner fails to respond to the Tournament Organizer within twenty-four (24) hours of the attempted notification described, above; (ii) Prize Winner fails to provide proof of fulfillment of the Eligibility Criteria (if requested) in a timely manner; (iii) Prize Winner fails to provide a completed Affidavit General Release, Travel Release, or Tax Documentation as described above; (iv) Prize Winner violates or otherwise fails to comply with the Rules; or (v) Prize Winner expressly declines a Prize. In the event a Prize Winner’s Prize is forfeited, the Tournament Group shall have no further obligation to that Prize Winner and, at Tournament Group’s sole discretion, such Prize may be awarded to another Player, within the Tournament Group’s discretion (time-permitting).
- Proof of entry submission does not constitute proof of receipt. Decisions of the Tournament Group will be final and binding on all matters pertaining to this Tournament. This Tournament is subject to all applicable federal, state, and local laws, of all applicable jurisdictions. The Tournament Group reserves the right to correct any typographical, printing, computer programming or operator errors. Should a Prize Winner make any false statement(s) in any document referenced above, such Prize Winner will be required to promptly return to the Tournament Group their Prize. The Tournament Group reserves the right at its sole discretion to disqualify any Player who tampers or attempts to tamper with the registration process, the operation of the Tournament, Tournament Website, and/or Ranking Website, or violates the Rules or any other applicable terms or conditions, including the EULA. In the event of a dispute as to the identity of the individual who registered, the authorized account holder (i.e., the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the email address in a disputed registration) of the email account referenced in such submission will be deemed to be the individual who registered. Prizes will be delivered only to Prize Winners that fulfill all applicable conditions set forth in this Section. Prizes must be accepted as awarded and may not be substituted, transferred, or redeemed for cash or otherwise. Notwithstanding the foregoing, the Tournament Group reserves the right to substitute Prizes for a prize of equal or greater monetary value, in cash or otherwise, at its sole discretion, if a Prize, or any component of any Prize, cannot be awarded for any reason. The Tournament Group will not replace any lost or stolen Prizes. To the extent permitted by law, the Tournament Group makes no representations or warranties with respect to any Prize. If a Prize is valued at US$600 or more, the Prize Winner must provide a valid social security number for tax reporting purposes before such Prize will be awarded. Any Prize Winner who receives from the Tournament Group Prizes valued at US$600 or more in a calendar year will receive an IRS form 1099 after the end of the calendar year in which such Prizes were awarded, and a copy of such form will be filed with the Internal Revenue Service (IRS), or such other tax form as may be required by the laws of the jurisdiction in which such Winner resides. In addition to the tax liability disclosures in these Rules, each Winner shall abide by the laws, rules, and regulations of such Winners legal residence, including without limitation as applicable to income reporting the payment of taxes and withholdings due.
- Except as expressly provided herein, all taxes, costs, and expenses incurred in connection with the Tournament or Prizes shall be paid and borne solely by Prize Winner, as applicable, including without limitation all applicable taxes, costs of transportation to and from the airport of origin, alcoholic beverages, gratuities, insurance, laundry service, merchandise, room service, service charges, activities, souvenirs, and phone and internet charges. Air transportation is subject to all terms, conditions, policies, rules and regulations applicable to other commercial airline passengers on flights within the Territory. Hotel accommodations are subject to all terms, conditions and policies applicable to all other guests at the hotel selected by the Tournament Group. Any violation by a Prize Winner of the foregoing terms, conditions, policies, rules and regulations constitutes a violation by such Prize Winner of these Rules. Tournament Event Organizer may award prizes in addition to the Prizes set forth in Section 8 in their sole discretion (the “Additional Prizes”) in accordance with rules established by the applicable Tournament Event Organizer and not by BNEA. Each Player acknowledges and agrees that the Additional Prizes are awarded solely by the Tournament Event Organizers and hereby release and hold BNEA harmless from all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, directly or indirectly, in connection with Player’s receipt, use or misuse of any Additional Prize.
- CODE OF CONDUCT. All Players are expected to exhibit good sportsmanship and maintain respect for the Tournament, Tournament Group, Tournament Events, and all staff and members thereof, as well as other Players and spectators. Players are expected to exhibit good sportsmanship, honesty, and fair play. Any Player behaving inappropriately or in violation of the Code of Conduct, or not competing in compliance with these Rules, as determined at the discretion of BNEA (or if delegated by BNEA, the Tournament Organizer), are subject to immediate disqualification from the Tournament, future participation in the Tournament, and forfeiture of potential Prizes. Behavior that is considered to be inappropriate and in violation of the Code of Conduct includes, but is not limited to, the following:
- Cheating, colluding with other Players, hacking, using exploits, or any other behavior aimed at obtaining an unfair advantage or disrupting the operation of the Tournament Event.
- Impersonating any person or entity, including any BNEA, Tournament Organizer, or Tournament Event officials, forum leaders, guides, hosts, employees, or agents, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Harassing, threatening, embarrassing, bullying, intimidating, excessively shouting, using vulgar language, “spamming,” or engaging in hate speech or making statements about race, ethnicity, gender, heritage, sexual orientation, religion, or disability, or using offensive or defamatory usernames or personas.
- Transmitting or facilitating distribution of content that is offensive, harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, invasive of personal privacy, infringes on intellectual property rights or publicity rights, or is objectionable, including wearing or using any apparel, accessories, or equipment that violates the foregoing.
- Inappropriate or unwanted behavior towards other attendees, including sexual advances, comments, photography, or physical contact.
- Violence, threats of violence, or any activity that is immoral, unethical, disgraceful, or contrary to common standards of decency.
- Engaging in conduct determined by BNEA and Tournament Organizer which may reflect unfavorably on BNEA or its partners.
- Promote or advertise third party content without BNEA and Tournament Organizer’s express prior written approval.
- Intentionally disconnecting or quitting during play, except as otherwise requested by Tournament Organizer or Tournament Event Organizer.
- Doing anything that interferes with the ability of other users to enjoy playing the Game, participating in a Tournament Event, or that materially increases the expense or difficulty of BNEA, Tournament Organizer, or Tournament Event Organizers in maintaining the Game or Tournament Event for the enjoyment of all its users. This includes impeding or disrupting the normal flow of a Tournament Event by failing to obey any rules of event venues or instructions from BNEA, Tournament Organizer, or Tournament Event Organizer staff.
- Promoting or encouraging any illegal activity, including hacking.
- Possessing any firearms or weapons.
- Using, possessing, distributing, or selling any illegal or controlled substance at a Tournament Event. Players may not be under the influence of drugs or alcohol while participating in a Tournament Event. Players with prescribed medication may use such medication as instructed by a medical professional.
- Gambling or betting on a Match, including on its outcome, and gambling or betting of any kind.
- Violating any applicable laws, rules, or regulations.
- Violating any other terms or policies communicated by BNEA, Tournament Organizer, or Tournament Event Organizers (subject to Section 17) from time to time, including the Game’s EULA.
- Engaging in any other behavior deemed by BNEA and Tournament Organizer to be inappropriate or otherwise tampers with gameplay.
- INTELLECTUAL PROPERTY RIGHTS.
- BNEA and/or its nominees retain all right, title, and interest in the Game, including all Intellectual Property Rights therein. All uses of the Game apart from those contemplated by this Agreement shall be subject to BNEA’s prior written approval, which may be approved or disapproved in its sole discretion. All rights not expressly granted by BNEA herein are hereby reserved by BNEA.
- Insofar as permitted by applicable law, all Deliverables, including all Intellectual Property Rights therein, will be and will remain the sole and exclusive property of BNEA and/or its nominees, and BNEA and/or its nominees will have the sole and exclusive right to use, sell, license, sublicense, translate, publish, disseminate, publicly perform, publicly display, advertise, distribute, transfer, enforce, or otherwise commercially exploit such Deliverables, without any compensation or obligation to any Player.
- Insofar as permitted by applicable law, all Deliverables will be considered “work(s) made for hire” and any copyrights in and to such Deliverables, anywhere in the world, belong and will belong solely and exclusively to BNEA and/or its nominees, in perpetuity, throughout the world. Each Player hereby irrevocably assigns and agrees to assign to BNEA or its nominees, all right, title, and interest to, (i) all copyrights in the Deliverables, to the extent the foregoing “work for hire” provision is deemed void and severed from these Rules, and (ii) all other Intellectual Property Rights in and to any Deliverables, whether the same is or has been subject to any application or registration with respect thereto. Each Player further acknowledges and agrees that the foregoing assignment is and will be made throughout the world, in perpetuity, solely, and exclusively to BNEA and/or its nominees, and will be binding upon all successors to Player. Any attempt by Player to assign, license, transfer, or otherwise exploit any Intellectual Property Rights in or to any Deliverables, shall be null and void. Each Player hereby agrees to take all actions reasonably necessary to fully vest in BNEA and/or its nominees all copyrights and other Intellectual Property Rights in and to the Deliverables, throughout the world, and to otherwise satisfy the purpose of this Section.
- To the extent the foregoing provisions regarding Deliverables are deemed void and severed from these Rules, such Player hereby grants BNEA and/or its nominees a non-exclusive, perpetual, irrevocable, royalty-free, fully-transferable, and sub-licensable right and license to use any Deliverable in any way, throughout the world, for any purpose, including copying, adapting, modifying, creating derivative works from, publicly performing, displaying, publishing, broadcasting, transmitting, distributing, and otherwise exploiting such Deliverables, by any and all means and media, whether now known or hereafter devised, for the entire duration of any Intellectual Property Rights held by such Player, in whole or in part, without any further notice or compensation of any kind.
- To the extent permitted by applicable law, each Player and each individual entrant hereby waives any moral rights of attribution, publication, reputation, or paternity, with respect to any use or enjoyment of such Deliverables, by BNEA and/or its nominees, for the entire duration of such rights under applicable law.
- LIMITATION OF LIABILITY & RELEASES. BY REGISTERING OR OTHERWISE PARTICIPATING IN THE TOURNAMENT, EACH PLAYER AGREES THAT THE TOURNAMENT GROUP HAS NO LIABILITY TO SUCH PLAYER WHATSOEVER FOR, AND EACH PLAYER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND, AND HOLD THE TOURNAMENT GROUP HARMLESS AGAINST ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM: (A) ENTRY OR PARTICIPATION IN THIS TOURNAMENT, INCLUDING ANY HOTEL AND TRAVEL ACCOMMODATIONS AND ACCESS TO AND USE OF THE TOURNAMENT WEBSITE AND RANKING WEBSITE; (B) ANY CLAIMS BASED ON PERSONAL OR PRIVACY RIGHTS, INTELLECTUAL PROPERTY RIGHTS, DEFAMATION OR PRIZE DELIVERY; OR (C) THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE OR SUPPLIED EQUIPMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES AND, THEREFORE, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, but subject to Sections 13 - 14, the Tournament Group shall not be responsible for: (a) any incomplete or inaccurate information that is caused by the Tournament Website or Ranking Website, or by any of the equipment or programming associated with or utilized in the Tournament, or by any technical or human error which may occur in the processing of entries in the Tournament; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from the Tournament Group for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation in, or downloading of materials related to this Tournament; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; (i) technical, pictorial, typographical or editorial errors or omissions contained herein; or (j) any claims based on the actions or omissions of a Tournament Event Organizer that are outside the control of BNEA or the Tournament Organizer. IN NO EVENT WILL ANY WINNER BE ENTITLED TO ANY FEE, ROYALTY, OR OTHER COMPENSATION OF ANY KIND AS A RESULT OF THE TOURNAMENT. BY ENTERING, EACH PLAYER IRREVOCABLY WAIVES ANY RIGHT TO COMPENSATION FROM THE TOURNAMENT GROUP FOR ANY DELIVERABLES OR MATERIALS IN ACCORDANCE WITH THESE RULES. WARNING: ANY ATTEMPT BY A PLAYER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE TOURNAMENT OR UNDERMINE THE LEGITIMATE OPERATION OF THE TOURNAMENT IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND THE TOURNAMENT GROUP RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
- DISPUTE RESOLUTION.
- DISPUTE RESOLUTION (NON-U.S. RESIDENTS ONLY). If a Player is a resident of any nation other than the United States of America, such Player or BNEA may refer any dispute relating to or arising from these Rules or the Tournament to alternative dispute resolution (such as conciliation or arbitration) with the prior written consent of the other party. Notwithstanding the foregoing, these Rules will not prevent a Player from bringing any dispute or claim that may be subject to this Subsection 13.a: (a) to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from BNEA on a Player’s behalf; (b) bringing against BNEA, in any court of competent jurisdiction, any claim that is not arbitrable or for which arbitration is prohibited or restricted by applicable law; or (c) from bringing any claim before a small claims court, subject to the jurisdictional limitations and requirements of such small claims court.
- DISPUTE RESOLUTION (U.S. RESIDENTS ONLY). If a Player is a resident of the United States of America, by accepting the terms of these Rules, such Player and BNEA: (a) agree to resolve certain disputes through mandatory binding arbitration, as set forth in Subsection 13.b, and each subpart thereof (collectively, the “Arbitration Agreement”); and (b) agree to expressly waive the right to a trial by jury or to participate in any class action brought against the other party, pursuant to Subsection 13.c (the “Class Action Waiver”); unless (c) Player exercises Player’s right to opt out of the Arbitration Agreement and/or the Class Action Waiver, as set forth in Subsection 13.d.
- MANDATORY, BINDING ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PLAYER AND BNEA: (A) ACKNOWLEDGE AND AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN PLAYER AND BNEA THROUGH BINDING ARBITRATION, PURSUANT TO THE FEDERAL ARBITRATION ACT, INCLUDING WITHOUT LIMITATION (EXCEPT AS EXPRESSLY SET FORTH IN SUBPART 13.b.iv) ANY DISPUTES OR CLAIMS BASED ON LEGAL THEORIES OF BREACH OF CONTRACT, TORTIOUS INJURY, STATUTORY VIOLATIONS, FRAUD, UNFAIR COMPETITION, RIGHTS OF PRIVACY, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, THAT MAY ARISE OUT OF OR RELATE TO ANY ASPECT OF THE RELATIONSHIP BETWEEN PLAYER AND BNEA, ANY TERM OR PROVISION OF THESE RULES, OR PLAYER’S REGISTRATION OR PARTICIPATION IN THE TOURNAMENT (EACH, A “CLAIM”); (B) EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO PURSUE ANY CLAIMS IN COURT OR TO HAVE ANY CLAIMS HEARD OR TRIED BEFORE A JUDGE OR JURY; (C) SHALL NOT BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION AGAINST THE OTHER PARTY, EVEN IF OTHERWISE PERMITTED BY THE FEDERAL ARBITRATION ACT; AND (D) SHALL NOT SEEK TO CONSOLIDATE OR COMBINE ANY ARBITRATION OF ANY CLAIM BY PLAYER OR BNEA WITH ANY ACTION OR ARBITRATION BROUGHT BY OR AGAINST ANY THIRD PARTY, WITHOUT THE EXPRESS WRITTEN CONSENT OF EACH SUCH THIRD PARTY AND BOTH PARTIES TO THESE RULES. UNLESS PLAYER SUBMITS A PROPER OPT OUT NOTICE (IN STRICT COMPLIANCE WITH SUBSECTION 13.d), PLAYER AND BNEA AGREE THAT ANY CLAIMS AGAINST THE OTHER PARTY WILL ONLY BE CONDUCTED THROUGH MANDATORY, BINDING ARBITRATION.
- Pre-Arbitration Informal Dispute Resolution. Prior to initiating arbitration of any Claim subject to this Arbitration Agreement, Player and BNEA agree to make reasonable, good faith efforts to informally resolve any dispute or Claim between Player and BNEA. The party seeking to raise such dispute or Claim shall send to the other party a written notice describing the nature and basis of such dispute or Claim and identifying the relief sought. All such written notices to BNEA must be sent via first class mail to: Bandai Namco Entertainment America Inc., Attn: Legal, 23 Odyssey, Irvine, CA 92618. If Player and BNEA do not agree to resolve such dispute or Claim within 30 days after such written notice is received, the party seeking to raise such dispute or Claim may initiate an arbitration action against the other, as permitted by the Arbitration Agreement, above.
- Arbitration Procedure. Arbitration is a legally-binding process, through which a party may seek legal remedies from or against another party, similar to a legal action brought before a court, but that generally imposes fewer strict procedural formalities, is held before a third party, neutral arbitrator (instead of before a judge or jury), provides for more limited discovery and potentially reduced legal fees for each party, and is subject to limited review by courts. The procedure for arbitration of any Claim under this Arbitration Agreement will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, both of which are available at: http://www.adr.org. Notwithstanding the foregoing, Player and BNEA agree that any such arbitration will be conducted in English, and permit the electronic submission of documents and allow participation by phone or by teleconference, or in person, at a mutually agreed location.
- Excluded Claims. Notwithstanding the foregoing, the terms of this Arbitration Agreement will not prevent Player or BNEA from bringing any Claim: (a) to the attention of any federal, state, or local government agencies with the governmental authority and competent jurisdiction to seek relief on Player or BNEA’s behalf, from the other party; or (b) before a small claims court, subject to the jurisdictional limitations and requirements of such small claims court.
- Severability of Arbitration Agreement. Player and BNEA agree that, no provision of this Arbitration Agreement shall be enforceable against Player or BNEA and all Claims shall be governed by Section 14, below, in the event either: (a) a court of competent jurisdiction conclusively determines that any term or provision of this Arbitration Agreement is unenforceable, prohibited by applicable law, or inapplicable to any Claim; or (b) Player submits a proper Opt Out Notice (in compliance with Subsection 13.d), wherein Player has expressed Player’s election to opt out of this Arbitration Agreement.
- CLASS ACTION WAIVER. PLAYER AND BNEA HEREBY AGREE: (i) THAT EACH CLAIM IS PERSONAL TO PLAYER AND BNEA, AND SHALL ONLY BE CONDUCTED AS AN INDIVIDUAL ARBITRATION (OR AN INDIVIDUAL COURT PROCEEDING, WITH RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SUBPART 13.b.iv) AND NOT AS A CLASS ACTION OR OTHER FORM OF REPRESENTATIVE ACTION; (ii) EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS; AND (iii) THE ARBITRATOR (OR COURT, WITH RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SUBPART 13.b.iv) MAY ONLY CONDUCT AN INDIVIDUAL ARBITRATION (OR COURT ACTION, WITH RESPECT TO CLAIMS EXCLUDED FROM THE ARBITRATION AGREEMENT, PURSUANT TO SUBPART 13.b.iv), MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING RELATING TO SUCH CLAIMS. UNLESS PLAYER SUBMITS A PROPER OPT OUT NOTICE (AS DESCRIBED IN SUBSECTION 13.d), PLAYER AND BNEA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN PLAYER OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Severability of Class Action Waiver. Player and BNEA agree that, no provision of this Class Action Waiver shall be enforceable against Player or BNEA and all Claims shall be governed by Section 14, below, in the event either: (a) a court of competent jurisdiction conclusively determines that any term or provision of this Class Action Waiver is unenforceable, prohibited by applicable law, or inapplicable to any Claim; or (b) Player submits a proper Opt Out Notice (in compliance with Subsection 13.d), wherein Player elected to opt out of this Class Action Waiver. In no event may the severance of the Class Action Waiver be interpreted or deemed to constitute consent by Player or BNEA to participate in a class action or class arbitration.
- OPT OUT PROCEDURE. Player has the right to opt out and not be bound by the foregoing Arbitration Agreement and Class Action Waiver, by sending a written notice of Player’s election to opt out from such Arbitration Agreement and/or Class Action Waiver (the “Opt Out Notice”), in strict compliance with the requirements set forth in the following subparts:
- Form & Address. Player’s Opt Out Notice must be sent to the following address: Bandai Namco Entertainment America Inc., ATTN: Legal, 23 Odyssey, Irvine, CA 92618, and either by: (a) first class mail, postage prepaid, certified and return receipt requested; or (b) overnight courier service (such as Federal Express).
- Time Limitations. Unless a longer period is required by applicable law, Player’s Opt Out Notice must be postmarked (if sent by first class mail) or deposited (if sent by overnight courier service) within thirty (30) days of Player’s initial participation in the Tournament.
- Required Information. Player’s Opt Out Notice must include: (a) the title of the Tournament to which the Opt Out Notice is intended to apply; (b) Player’s first and last name; (c) Player’s address; (d) Player’s phone number; (e) Player’s email address; (f) if Player is a registered user of the Game or any other BNEA product or service, each of Player’s usernames for the Game and such other BNEA products and services; and (g) a statement that Player does not agree to the Arbitration Agreement and/or to the Class Action Waiver. BNEA may use the foregoing information included in the Opt Out Notice to record, process, maintain, and administer Player opting out of the Arbitration Agreement and/or Class Action Waiver, as applicable, but not for marketing purposes.
- Effects of Proper Opt Out Notice. If Player’s Opt Out Notice meets all of the above requirements, Player and BNEA will be deemed to have opted out of the Arbitration Agreement and/or Class Action Waiver, subject to Player’s statement in such Opt Out Notice, with respect to these Rules. Submission of a valid Opt Out Notice applies only to Claims arising from or relating to the Tournament and the Rules identified herein, as between BNEA and the individual identified in such Opt Out Notice.
- Effects of Improper Opt Out Notice. If Player submits an Opt Out Notice that fails to meet any of the requirements set forth in the above, Player and BNEA will be bound by the Arbitration Agreement and Class Action Waiver set forth in these Rules.
- GOVERNING LAW, VENUE SELECTION, & INTERPRETATION. All issues and questions concerning the construction, validity, interpretation and enforcement of these Rules, or the rights and obligations of each Player and the Tournament Group in connection with the Tournament, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Except as prohibited by applicable law, by registering or otherwise participating in this Tournament, each Player and each member of the Tournament Group agrees that: (a) for claims and disputes not subject to the Arbitration Agreement in Section 13.b, above, exclusive jurisdiction for any claim or action arising out of or relating to these Rules and/or the Tournament shall be the federal or state courts that govern Los Angeles County, California, and Player expressly consent to the exercise of personal jurisdiction of such courts; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Tournament; (c) each individual entrant and member of the Tournament Group hereby expressly waives any right to seek attorneys’ fees in connection with any dispute, claim, or cause of action against the other; and (d) under no circumstances will an individual entrant or a member of the Tournament Group be permitted to obtain awards for, and hereby waives all rights to seek, indirect, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket expenses. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE RESTRICTIONS IN THE EVENT OF DISPUTE OR LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO. If any provision of these Rules is invalid or unenforceable under applicable law, rules or regulations of a particular jurisdiction, such provision will apply only to the extent permitted by such law, rule or regulation and all other provisions of these Rules shall be construed as if the invalid or unenforceable provision was not contained therein. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. Tournament Group’s failure to enforce any term of these Rules shall not constitute a waiver of such provision.
- FORCE MAJEURE. Each Player acknowledges and agrees that the Tournament Group will not be liable or responsible to such Player, nor be deemed to have defaulted under or breached these Rules, for any failure or delay in fulfilling or performing any obligation under this Agreement, when and to the extent such failure or delay is caused by or results from: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) severe impact of the COVID-19 pandemic or any future epidemic with similarly severe impacts on regional or global economy, industry, and travel; and (f) actions, embargoes, blockades, declarations of national or regional emergency, or other acts of governmental authority that commence after the Effective Date of these Rules (each, a “Force Majeure Event”).
- ADDITIONAL TOURNAMENT RULES. In addition to abiding by these Rules, Players must agree to abide by any reasonable additional rules that conform to the spirit of and do not conflict with these Rules, as announced in advance and applied by BNEA, the Tournament Organizer, or the Tournament Event Organizer at its Tournament Event. In the event that any terms or conditions contained in any such additional rules are inconsistent or conflict with these Rules, the terms and conditions of these Rules will control over the terms of such additional rules.
- WINNER’S LIST & CONTACT INFORMATION. The names of Prize Winners and a copy of the Rules are available on the Tournament Website. Players are hereby authorized to copy these Rules on the condition that it will be for such Player’s personal use only. Any questions, comments, or complaints regarding the Tournament are to be directed to the Tournament Organizer.
Rules © Bandai Namco Entertainment America Inc.