CLASSIC TETRIS® WORLD CHAMPIONSHIP SUBCONTRACTOR AGREEMENT
1. AGREEMENT. This document represents the Classic Tetris® World Championship Subcontractor Agreement between CTWC Inc. (“CTWC”), operator of the 2022 Classic Tetris® World Championship (the “Event”) and any subcontractor working on the CTWC staff (a “Subcontractor” or the “Subcontractors”) (individually each a “Party,” collectively the “Parties”).
2. EVENT
2.1. EVENT DESCRIPTION. The Event consists of a live tournament featuring competitive play of the video game “Tetris®” for the Nintendo Entertainment System (the “Game”) as well as of a live online stream, other broadcasts, videos on demand, and other recordings of the Event (the “Broadcast”).
3. Subcontractor Requirements
3.1. RIGHTS OF PUBLICITY. Subcontractors may be subject to being filmed, photographed, and otherwise recorded in connection with the Event, the Broadcast, and any other business, obligations, and duties of CTWC. Subcontractors grant to CTWC a non-exclusive, transferable, perpetual, fully paid up, worldwide license to make any use of Players’ likeness, voice, personality, Subcontractor Information, and other rights of publicity in any medium now known or later invented in connection with marketing, advertising, broadcasting, and operating the Event and Broadcast and future iterations thereof (the “Rights of Publicity License”).
3.2. RIGHTS OF USE. Subcontractors who create, share, or publish photographs, videos, films, or other recordings of their personal participation in the Event, including on social media pages and online streaming or video on demand channels, grant to CTWC a non-exclusive, transferable, perpetual, fully paid up, worldwide license to make any use of such recordings in any medium now known or later invented in connection with marketing, advertising, broadcasting, and operating the Event and Broadcast and future iterations thereof (the “Right of Use License”).
3.3. CODE OF CONDUCT. Subcontractors will be subject to personal conduct requirements as a condition of working for CTWC (the “Code of Conduct”). This Code of Conduct includes the following: (A) FREE FROM BIAS. Streamers, Commentators, Interviewers, Referees and other CTWC staff must make an effort to treat all players the same and perform their duties in a fair and unbiased manner while showing no favoritism to any player for any reason. (B) HARMFUL BEHAVIOR. Subcontractors will not engage in harmful behavior, including but not limited to saying, writing, or promoting hate speech or discriminatory language or behavior, threatening or violent language or behavior, libelous or defamatory language or behavior, sexual or other harassment of any kind, or any form of illegal behavior, in connection with their participation in the Event or Broadcast, as determined by CTWC in its sole discretion. (C) FRAUD. Subcontractors will not misrepresent themselves and will otherwise commit no fraud with respect to participation in the Event and Broadcast. (D) INTELLECTUAL PROPERTY. Subcontractors will not infringe, violate, misappropriate, or otherwise use without authorization the copyrights, trademarks, patents, or other intellectual property rights of CTWC outside of their role within the Event.
4. OBLIGATIONS AND LIABILITY.
4.1. TAX COMPLIANCE. Subcontractors who earn fees exceeding $600 in value will be provided with the IRS form 1099. Subcontractors must comply fully and completely with any and all relevant tax burdens that may apply to their jurisdictions of residence and will be solely and completely responsible for the payment of all such taxes. CTWC will not be responsible for such compliance.
4.2. NO ADDITIONAL RIGHTS. CTWC retains full and complete rights, title, and interest in and to the Event and Broadcast, as well as all CTWC trademarks, copyrights, and other intellectual property. Subcontractors will have no rights in the Event and Broadcast and will make no uses thereof without the explicit written permission of CTWC.
5. MISCELLANEOUS
5.1. EFFECT OF TERMINATION. The termination or expiration of this Agreement will not affect any of the provisions of this Agreement that are expressly or by implication to continue in force after such termination or expiration.
5.2. NOTICE. Notice under this Agreement may be given by posting on the Website, by information in person, or by email. Notice shall be considered delivered at the time of delivery if given on the Website or in person and at the time of receipt if sent by email.
5.3. HEADINGS. All headings in this Agreement are included solely for convenience and shall not affect the interpretation of any right, obligation, provision, or condition under this Agreement in any way.
5.4. DIGITAL SIGNATURE. Each Party hereby allows that digital signatures and initials may serve as a binding execution of this Agreement. A digital signature may be created by inserting a digitally created cursive signature or by bounding the signing Party’s written name with “/” (for example: /Party Name/).
5.5. GOVERNING LAW. This Agreement shall be governed by and construed under and in accordance with the laws of the United States and the State of Oregon without regard to choice of law provisions. The Parties irrevocably consent to the exclusive jurisdiction of the state or federal courts in Portland, Oregon in all disputes arising out of or related to this Agreement.
5.6. SEVERABILITY. If any obligation, provision, or condition in this Agreement is found invalid, unlawful, or unenforceable, the Parties shall try in good faith to create amendments to preserve the Agreement's intentions. If that fails, the invalid obligation, provision, or condition shall be severed, but the rest of the Agreement shall remain valid and enforceable.
5.7. ENTIRE AGREEMENT. This Agreement contains the entire agreement, superseding all previous oral or written communications, representations, understandings, and agreements between the Parties with respect to the subject matter of the Agreement. This Agreement may only be amended by written agreement signed by the Parties.
