CLASSIC TETRIS® WORLD CHAMPIONSHIP PLAYER AGREEMENT
1. AGREEMENT. This document represents the Classic Tetris® World Championship Player Agreement between CTWC Inc. (“CTWC”), operator of the 2021 Classic Tetris® World Championship (the “Event”) and any players playing in the Event (a “Player” or the “Players”) (individually each a “Party,” collectively the “Parties”).
2.1. EVENT DESCRIPTION. The Event consists of an online tournament featuring competitive play of the video game “Tetris®” for the Nintendo Entertainment System and "Tetris® Effect: Connected"(the “Game”) and "Tetris® Effect: Connected" as well as of a live online stream, other broadcasts, videos on demand, and other recordings of the Event (the “Broadcast”).
2.2. EVENT INFORMATION. Information about the Event rules, format, equipment, registration, and more (the “Event Rules”) can be found online on the official CTWC website (the “Website”) at thectwc.com/rules-2021. CTWC reserves the right to change the Event Rules at any time and for any reason. Players will be responsible for reading, understanding, and agreeing to the most recent version of the Event Rules and should regularly check the Website for potential updates.
3. PLAYER REQUIREMENTS.
3.1. PLAYER INFORMATION. Players may be asked to provide their real names, gamer tags, city or region of residence, occupation, personal interests, social security number or other valid tax identification number, mailing address, and other personally identifying information (the “Player Information”) for use by CWTC in connection with the Event and the Broadcast as discussion points on the Broadcast; in marketing and advertising for and by CTWC, the Event, and the Broadcast; and in paying out any prizes, with the caveats that CTWC shall not collect any more Personal Information than is reasonably necessary, shall not publicly share any Player Information reasonably understood to be private, and shall not sell, transfer, or assign any Player Information to any third parties. Player Information may be stored on the Website, on CTWC computers, or on CTWC hard copies.
3.2. RIGHTS OF PUBLICITY. Players 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. Players grant to CTWC a non-exclusive, transferable, perpetual, fully paid up, worldwide license to make any use of Players’ likeness, voice, personality, Player 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”).
3.3. RIGHTS OF USE. Players 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”).
3.4. CODE OF CONDUCT. Players will be subject to personal conduct requirements as a condition of participating in the Event (the “Code of Conduct”). This Code of Conduct includes the following: (A) GOOD SPORTSMANSHIP. Players will maintain good sportsmanship and exhibit fair and honest play. Players will not cheat, hack, or otherwise create an unfair playing field for themselves or other Players. (B) HARMFUL BEHAVIOR. Players 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. Players will not misrepresent themselves to or impersonate any official, judge, organizer, employee, contractor, agent, or volunteer of CTWC or the Event and will otherwise commit no fraud with respect to participation in the Event and Broadcast. (D) INTELLECTUAL PROPERTY. Players will not infringe, violate, misappropriate, or otherwise use without authorization the copyrights, trademarks, patents, or other intellectual property rights of CTWC, the Event, the Broadcast, the Game, or any other third party.
3.5. ELIGIBILITY. To be eligible to participate in the Event, Players must abide by the terms of the Event Rules, the Rights of Publicity License, the Right of Use License, and the Code of Conduct, as well as the following requirements relating to eligibility (the “Eligibility Requirements”):
(A) PLAYER AGE. Players must be at least 13 years of age at the time of registration for the Event. Any players under 18 years of age at the time of registration for the Event must produce explicit written permission from a parent or legal guardian.
(B) LEGALITY OF PARTICIPATION. Players may only register for and participate in the Event if doing so is legal under the local, state, provincial, federal, national, or other laws of the jurisdiction in which they reside and from which they intend to participate in the Event. Upon any discovery or awareness by CTWC that any Players are residing in jurisdictions in which registration or participation is illegal, CTWC shall immediately disqualify such Players from the Event. Players residing in some jurisdictions may be eligible to participate in the Event but ineligible to claim or receive any monetary prizes, such as jurisdictions including, but not limited to, the U.S. states of Arizona, Arkansas, Alaska, Connecticut, Delaware, Louisiana, Maryland, Montana, South Carolina, South Dakota, and Tennessee and the Canadian province of Quebec. Players whose performances in the Event may qualify for monetary prizes but who reside in jurisdictions in which claiming or receiving monetary prizes is illegal shall not claim or receive such prizes or shall only claim or receive such prizes up to whatever value they are legally authorized to accept. Upon any discovery or awareness by CTWC that Players who otherwise qualify for monetary prizes are residing in jurisdictions in which claiming or receiving monetary prizes is illegal, CTWC shall withhold any such prizes or shall only send such prizes up to whatever value such Players are legally authorized to accept. PLAYERS SHALL BE SOLELY RESPONSIBLE FOR UNDERSTANDING AND OBEYING ALL LAWS OF THE LOCALITIES, STATES, PROVINCES, COUNTRIES, OR OTHER JURISDICTIONS IN WHICH THEY RESIDE AND FROM WHICH THEY PARTICIPATE IN THE EVENT.
(C) INPUT METHODS. Players must be able to physically play the Game in accordance with the Event Rules or else use their own method of playing that reasonably satisfies the Event Rules.
(D) REFUSAL. The Event reserves the right to refuse participation in the Event and Broadcast to anyone for any reason.
3.6. PENALTIES. The penalties for violating the Code of Conduct and Eligibility Requirements include, but not are limited to, disqualification from the Event and Broadcast, forfeiture of any prizes, and any other reasonable penalty as determined by CTWC in its sole discretion.
4. OBLIGATIONS AND LIABILITY.
4.1. TAX COMPLIANCE. Players who reside in jurisdictions in which claiming and receiving monetary prizes for participation in the Event and who in fact win prizes in the Event exceeding $600 in value will be provided with the IRS form 1099. Players who win prizes in the Event 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. LIMITATION AND RELEASE OF LIABILITY. PLAYERS HEREBY AGREE THAT CTWC SHALL HAVE NO LIABILITY TO OR WITH RESPECT TO ANY PLAYERS OR THIRD PARTIES WHATSOEVER FOR, AND PLAYERS DO RELEASE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD CTWC HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS, LEGAL OR CRIMINAL ACTION, OR EXPENSES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS OR PROPERTY RESULTING FROM PARTICIPATION IN THE EVENT AND BROADCAST AND CLAIMS RELATED TO PERSONAL RIGHTS, PRIVACY RIGHTS, INTELLECTUAL PROPERTY RIGHTS, DEFAMATION, TAXATION, OR PRIZES. CTWC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY MISTAKE CAUSED BY PLAYERS, ANY TECHNICAL FAILURE NOT CAUSED BY CTWC, ANY DAMAGE TO PLAYERS’ EQUIPMENT NOT CAUSED BY CTWC, ANY FAILURE OF COMMERCIALLY REASONABLE STORAGE EFFORTS WITH RESPECT TO PLAYER INFORMATION, AND ANY BREACH BY PLAYERS WITH RESPECT TO EVENT RULES, RIGHTS OF PUBLICITY LICENSE, RIGHT OF USE LICENSE, CODE OF CONDUCT, AND ELIGIBILITY REQUIREMENTS.
4.3. 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. Players will have no rights in the Event and Broadcast and will make no uses thereof without the explicit written permission of CTWC. In addition, Players will have no rights of publicity or likeness with respect to any other Players without such Players’ explicit written permission.
5. MISCELLANEOUS 5.1. MODIFICATION. CTWC reserves the right at its sole discretion to change, modify, add, or remove all or any part of this Agreement at any time and for any reason, effective immediately. Any such modification will be made available on the Website.
5.2. 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.
5.3. 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.
5.4. 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.
5.5. 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/).
5.6. 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.
5.7. 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.
5.8. 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.