BOOMTV Inc (Boom.tv and avgl.org) organizes video gaming competitive community tournaments periodically including but not limited to CodeRed, April Anarchy, Autumn Anarchy, Weeklies, Trials ("Tournament"). Each Tournament features a Game or Set of Games for which the tournament is run ("Title Game") by Boom Admin using BoomTV software (BoomApp) on BoomTV website. Every Tournament is governed using its own Format and Rules ("Official Rules") that are displayed prominently in Tournament description on BoomTV website.
1.1 Code of Conduct
Every participant has to behave with respect towards the representatives of the BoomTV, press, viewers, partners and other players. The participants are requested to represent esports, the BoomTV, and their Sponsors honorably. This applies to behavior in-game and also in chats, messengers, comments and other media. We expect players to conduct themselves according to the following values:
- Compassion: treat others as you would be treated.
- Integrity: be honest, be committed, play fair.
- Respect: show respect all other humans, including teammates, competitors, and event staff.
- Courage: be courageous in competition and in standing up for what is right.
- Participants must not engage in harassment or hate speech in any form. This includes, but is not limited to:
- Hate speech, offensive behavior, or verbal abuse related to sex, gender identity and expression, sexual orientation, race, ethnicity, disability, physical appearance, body size, age, or religion.
- Stalking or intimidation (physically or online).
- Spamming, raiding, hijacking, or inciting disruption of streams or social media.
- Posting or threatening to post other people’s personally identifying information ("doxing").
- Unwelcome sexual attention. This includes, unwelcome sexualized comments, jokes, and sexual advances.
- Advocating for, or encouraging, any of the above behavior.
1.2 Tournament Matches & Competitions
In all Matches & Competitions there should be a fair playing field for all players.
Every Tournament must be played according to the rules until it is complete and the result on the BoomTV page entered, or at events the result sheet is completed. Any encounter that did not take place, should be deleted.
The league administration has the right to decide outside or even against the rulebook in special cases to guarantee fairplay.
1.3 Game / Client / Equipment Settings
Players may adjust any PC and monitor settings such as brightness, contrast, resolution, and sound. Some Tournaments will require Players to use BoomApp to auto detect in- game events and help BoomTV manage the event. All external voice programs are allowed (e.g. Discord, Teamspeak etc.). Other than that, all programs which are not part of the original game and software used for broadcasting are not allowed to be used, including custom-data and modifications.Scripts and changes to the game's configuration are allowed, unless they are partly or completely forbidden by Tournament specific rules. Programs that provide an advantage during game play (e.g. drivers that allow the removing of walls) are forbidden. Any programs that change the game itself are forbidden.
1.4 Tournament Coverage and Media Streaming
Players may broadcast all gameplay in a Tournament on their personal streaming channel. Some Tournaments require Players must broadcast all gameplay in a Tournament.
BoomTV reserves exclusive right to the coverage of Tournaments. This includes all forms of transmission, including players personal streams, their chat, Shoutcast-streams and official BoomTV Hub Broadcasts. The BoomTV can assign the coverage rights of a match or of several matches to a third party or to the actual players themselves. In this case, terms and conditions would have to be arranged with the BoomTV management before the match.
1.5 Internal Texts
All texts written in either protest or support tickets, or written by the administrators to members of a certain league or tournament, cannot be published without the permission of the BoomTV.
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.
1.7 Names, Logos, Avatars and Branding Restrictions
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 Players or Teams.
1.8 Sponsorships; Other Content
Players 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)
TOURNAMENTS / ESPORTS EVENTS RULES
Every Tournament is governed using its own Format and Rules ("Official Rules") that are displayed prominently in Tournament description on BoomTV website and BoomApp and included in Appendix 1 of this document. These Official Rules include rules that govern how the Title Game is played.
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 BoomTV 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 BoomTV 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. The most recent version of these Official Rules will be available upon request by sending a self-addressed stamped envelope to: BoomTV Inc, 55 E 3rd Ave San Mateo CA 94401, Attention: BoomTV Esports, Subject: Esports Official Rules. All such requests must be received within six (6) weeks after the end of the Tournament. 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 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.
Game or Match - a single Title Game public match played by a Player and/or Team online through the Title Game’s public matchmaking service.
Eligibility Area – Specified in Official Rules of Tournament. Following countries denote Europe and North America.
Europe – Andorra, Albania, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russia (except individuals located in Crimea), San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine (except individuals located in Crimea), United Kingdom of Great Britain and Northern Ireland.
North America – Bahamas, Canada, Costa Rica, Dominica, Dominican Republic, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Nicaragua, Panama, and United States (including Puerto Rico, and the US Virgin Islands).
Tournament Entities – BoomTV, the Tournament Organizers, Media Streaming Partner and any other 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 – BoomTV, 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 – any Player that is officially declared a Winner as set forth in Section 8, entitled "General Prize Restrictions".
GENERAL ELIGIBILITY AND PLAYER EQUIPMENT REQUIREMENTS
If the Tournament is Invite Only (“Invitational”), All participants in the Invitational will receive a formal invitation from the Tournament Organizers. Individuals that do not receive an invitation are not eligible to participate in the Invitational.
Some Tournaments are Open to All. For such Tournaments, Players can register for the Tournament on BoomTV website.
Players must be able to provide proof of eligibility and proof of age. Please also note that potential Winners will ultimately need to provide proof of residency and tax form information before they are officially declared a Winner. Section 8, entitled “General Prize Restrictions”, provides more information.
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 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 1.
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.
Players may supply their own equipment required to play the Title Game, including but not limited to mouse, keyboard and headset ("Player Equipment").
At their discretion, Tournament Organizers may disallow the use of any individual piece of Player Equipment for reasons related to Tournament security, operational efficiency or effectiveness.
If Tournament requires Player to travel, each Player is responsible for obtaining any visas or other travel documentation needed to participate in the Tournament and the costs thereof shall be borne by the Player.
Each Player shall be deemed to have made and entered into all of the representations, warranties and agreements contained herein and shall be 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. 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.
Please note that BoomTV may require a Player or a Team to execute and deliver additional forms and/or releases at any time during the Tournament, including as a condition of participating in a particular Game, Match, Block or phase of the Tournament.
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, 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, advertising, marketing and promoting the Tournament, the BoomTV Website, the Tournament Website, the Title Game, the Tournament Entities and future tournaments.
As between each Player, on the one hand, and BoomTV, on the other hand, the Appearance shall be deemed a work-made-for-hire for BoomTV prepared as a work specifically ordered and/or commissioned by BoomTV, and therefore, BoomTV 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 BoomTV, then by way of assignment and transfer of present and future copyright and otherwise, each Player hereby irrevocably grants, transfers, sells and assigns to BoomTV, all of his or her right, title and interest in and to the Appearance throughout the universe in perpetuity, and so grants, transfers, sells and assigns the Appearance gratuitously and free of charge. 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 BoomTV’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.
BoomTV shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. BoomTV shall retain the rights granted in the Appearance even if the Player is disqualified or fails to meet the eligibility requirements.
PENALTY AND DISQUALIFICATION PROCESS
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. 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.
In addition, Any Player who violates the Code of Conduct may be disqualified, and BoomTV 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.
GENERAL PRIZE RESTRICTIONS.
Each Player or Team that has been declared a winner of a prize in the Tournament will not be an official winner (each, 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) or Team 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 and/or Team is disqualified, BoomTV 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, BoomTV 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 BoomTV, 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 BoomTV 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) and transaction fees on any prize won and on the value of any items or value transferred to the Player by BoomTV, 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 BoomTVʼs sole discretion, and which may be prior to participation in a particular round or prior to receipt of any prize by Player). BoomTV 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 BoomTV in accordance with IRS requirements, and BoomTV 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 BoomTV 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. BoomTV will award prizes subject to any applicable withholding taxes on the gross amount of the prize, and the amount of the prize transferred, as reduced by any applicable withholding taxes and transaction fees, 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 BoomTV, 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.
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 BOOMTV 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.
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 BoomTV 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 BoomTV 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, BoomTV 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.
BoomTV 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 BoomTV 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), BoomTV 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.
TRANSFER OF PLAYER INFORMATION
These 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 these 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 these 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 Mateo, 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 Player to begin an arbitration proceeding, Player must send a letter requesting arbitration and describing the claim to BoomTV’s attorney, Orrick LLP, 1000 Marsh Rd, Menlo Park, CA 94025. Arbitration shall be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA’s Supplementary Procedures for ConsumerRelated Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. BoomTV will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, BoomTV will not seek attorneys’ fees and costs from Player in arbitration unless the arbitrator determines the claims are frivolous. 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.
WINNER’S LIST/OFFICIAL RULES
To obtain a copy of any legally-required winner’s list, send a self-addressed stamped envelope to:
55 E 3rd Ave San Mateo CA 94401
Attention: BoomTV Esports
Subject: Winner’s List
All such requests must be received within six (6) weeks after the end of the Tournament.
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 BoomTV. 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.
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