Jack Link’s Invitational

TERMS OF PARTICIPATION

(“OFFICIAL RULES”)

 

 

Introduction

 

The “Jack Link’s” tournament (the “Tournament”) is brought to you by Envy Gaming Inc. (the “Host”). The Tournament is an invitational competition featuring Call of Duty: Modern Warfare (the “Title Game”), developed by Infinity Ward, Inc. (“Infinity Ward”) and published by Activision Publishing, Inc. (“Activision”). The Tournament will occur [July 13th]. These Official Tournament Rules (“Official Rules”) govern the Tournament. These Official Rules are in addition to the rules that govern how the Title Game is played provided by the Host or Activision, and those set forth in Section 5 “Gameplay Settings” below (the “Game Play Rules”). Note that the Host and all Players are at all times subject to any rules and requirements imposed by Activision with respect to the Tournament and performance of the Title Game, all of which are subject to change from time to time in Activision’s sole discretion.

 

  1. Players and Teams

 

Each person who participates in the Tournament as a member of a Team is referred to as a “Player”. Players must be 18 years of age or older as of the start of the Tournament and are eligible to participate in the Tournament only if expressly invited by the Host. During the Tournament, Teams of two (2) Players will compete. The Host will assign Players to Teams during the Tournament. The maximum number of Players will be determined by the Host in its sole discretion, but is tentatively scheduled to be a total of thirty two (32) Players across sixteen (16) Teams..

 

Each Player unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions that the Host and/or Activision, (“Tournament Organizers”) 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. These Official Rules may be changed by the Tournament Organizers in their sole discretion; Players will be notified of any such changes in the Tournament Discord channel they are invited to by the Host (the “Tournament Discord”); Player’s continued participation in the Tournament after any such updates are posted there shall be deemed consent. 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 the Host 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. The Tournament Organizers may, in their sole discretion, 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 reasonable reasons. Entry into the Tournament does not constitute entry into any other tournament, competition, contest or sweepstakes.

 

  1. Tournament Format

 

The Tournament will take place on the date indicated in the first paragraph above. The Tournament will begin at 12:00 p.m. CT, and participants are required to check in thirty (30) minutes prior to the commencement of the Tournament that they are ready and comply with any check in directives communicated by the Tournament Organizers.  The Host will arrange private lobbies for the Teams as well as a voice channel (e.g., Discord) for use by the Teams in the Tournament Discord, which the Teams will use during the Tournament.

 

Teams will compete against each other in a double-elimination style competition (i.e., a Team is moved to a “Loser’s Bracket” after one (1) Match loss and eliminated from the Tournament after two (2) Match losses), with each Match scheduled and directed by the Host in accordance therewith.

 

Matches in the “Winner’s Bracket” (i.e., the bracket where Teams compete before moved to the Loser’s Bracket) shall be a best-of-three format, where the winner of two (2) or more games within the Match shall be deemed the Match winner. Loser’s Bracket Matches shall be best-of-one Matches, where the winner of one (1) game will be deemed the Match winner. The last remaining Team in (i.e., champion of) the Winner’s Bracket (the “Winner’s Bracket Champion”) shall face off against the last remaining Team in (i.e., champion of) the Loser’s Bracket (the “Loser’s Bracket Champion”) in a best-of-three grand finals Match (“Grand Finals”). If the Winner’s Bracket Champion wins the best-of-three Grand Finals Match, they will be deemed Tournament champions. If the Loser’s Bracket Champion wins the best-of-three Grand Finals Match, the Grand Finals Teams shall play one (1) additional game to determine the Tournament champions; if after this additional game, the Winner’s Bracket Champion and Loser’s Bracket Champion have each won two (2) games, the Host shall determine the Tournament champions using a Grand Finals tiebreaker determined by the Host in its good faith, reasonable discretion provided it is explained to the Grand Finals Teams.

 

A “Match” shall mean a match-up where a given Team will be grouped with their Match opposing team (“Opposing Team”) designated by the Host in a Quad (i.e., the 4-person, in-game team) for the applicable amount of games designated by the Host in accordance with these Official Rules; for the avoidance of doubt, the two Team(s) that form an in-game Quad are competing against each other to determine which Team can generate the most points and advance in the Tournament bracket.
A Match may be a best-of-one, best-of-three, or any other series format as determined by the Host in each instance in accordance with these Official Rules. The winner of a game in any given Match shall be determined by the number of points each Team generates during such game. In each Match game, Teams can earn one (1) point per “In-Game Kill”. An “In-Game Kill” can mean (i) anytime a Team Player sends another player to the gulag in-game, and/or (ii) anytime a Team Player eliminates another player from the game (such as during a gulag 1v1). Points earned in a Tournament game, round or Match do not carry over into future games, rounds or Matches (unless as part of a Host-designated tiebreaker).

 

At the end of the Tournament, the top three (3) Teams will be eligible to receive a prize based on their final placement, as follows. For the avoidance of doubt, the amount represents that which is paid to the applicable Team collectively (and not the amount due to each individual Player).

 

  • 1st Place: $15,000;
  • 2nd Place: $10,000;
  • 3rd Place: $5,000.

 

Any prize money that may be due to a Team may be paid by the Host either (i) equally between the Players, or (ii) entirely to the person/account as designated by the Team captain. The Tournament Organizers shall have no liability to determine how prize money is distributed between individual Players on any Team(s).

 

2.3 Tiebreakers

In the event of a tie between two (2) or more Teams where such tie will materially impact the results of the Tournament, the tie will be broken using the following tiebreaker: the Team with the highest amount of inflicted damage in the Match, according to the Game Title software, will be deemed the winner of such Match.

 

Any tie, including any additional tiebreakers, that cannot be reasonably resolved by the above tiebreaker will be resolved by the Tournament Organizers in their sole discretion, provided that the tiebreaking method is reasonably explained to the applicable Teams.

 

  1. General Eligibility 

Players will receive a formal invitation from the Tournament Organizers to participate in the Tournament. Individuals that do not receive an invitation are not eligible to participate in the Tournament. An invitation can be revoked by the Tournament Organizers at any time. All Players must be legal residents of the area from which the participate and legally eligible to participate in the Tournament. Players must be able to provide proof of eligibility. Please also note that potential winners will ultimately need to timely provide proof of residency and tax form information before they are officially declared the winner (and, if they fail to do so, will be deemed to have waived any claim or entitlement to the applicable prize and/or benefits they would have otherwise received as a winner). Each Player will be known publicly by his or her real name, or gamertag or other name they use in the Title Game or otherwise choose a username (in either instance, the “Username”). Each Player represents and warrants that their Username and Team name and logo will not violate or infringe upon the trademark, copyright, publicity rights or other intellectual property or other rights of any other person or entity and will otherwise comply with the Code of Conduct.

 

Players must have access to the Internet and supply their own equipment needed to participate in the Tournament, including, without limitation, monitors and consoles, controllers, headphones and headsets, cables, and a copy of or access to the Title Game, which is validly licensed from Activision (and is not a pirated or an illegal copy of such Title Game) and valid access to the Title Game servers that will be used and the Title Game levels that will be played in the Tournament, as applicable (collectively, “Player Equipment”). Player Equipment that is suspected by the Tournament Organizers of providing an unfair competitive advantage will not be approved for use. 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.

 

  1. Code of Conduct

All Players are expected to exhibit good sportsmanship and maintain respect for one another and for all Tournament Organizers and spectators. Players must follow all instructions of the Tournament Organizers.

 

Players are expected to play at their best at all times within the Tournament and to avoid any behavior inconsistent with the principles of good sportsmanship, honesty, or fair play. Any Player behaving inappropriately, or not competing in compliance with these Official Rules (including the Game Play Rules), as determined by the Tournament Organizers in their sole discretion, may be immediately disqualified from the Tournament and forfeit all potential prizes. Further, the Tournament Organizers reserve the right, in their sole discretion, to ban disqualified Players from any future tournament or event organized by Tournament Organizers. Behavior that is considered to be inappropriate and in violation of the Code of Conduct includes, but is not limited to, the following:

 

  1. Interfering with the operation of the Tournament or the Tournament Website;
  2. Acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Tournament, or to annoy, abuse, threaten or harass any other person;
  • Engaging in collusion (e.g., any agreement between two (2) or more Teams or Players on different Teams to pre-determine the outcome of a game or Match);
  1. Cheating of any sort through any means;
  2. Intentionally delaying or slowing gameplay or tampering with gameplay in any other known or unknown manner;
  3. Offensive, vulgar or obscene Usernames, Team names, avatars, logos, branding or gamertags;
  • Sexism, ageism, racism or any other form of prejudice or bigotry;
  • Engaging in violence or any activity which is deemed in the judgment of the Tournament Organizers to be immoral, unethical, disgraceful, or contrary to common standards of decency;
  1. Engaging in any activity that is illegal in the jurisdiction where the affected Player is located;
  2. Promoting any third party brand, product, and/or service while participating and/or appearing in the Tournament without approval of the Tournament Organizer;
  3. Offering any gift or reward to a Player or Tournament Organizer for assistance designed to provide a competitive advantage to the person offering the gift or reward or designed to impose a competitive disadvantage on any opponent;
  • Betting or gambling on your own performance, the performance of your Team or the results of the Tournament or any phase of the Tournament;
  • Making any modification to the Title Game that has not been disclosed to and authorized by the Tournament Organizers;
  • Intentionally using any in-game bugs or so-called “hacks” to seek an advantage;
  1. Using any language or wearing any clothing or apparel that is obscene, foul, vulgar, insulting, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable, or promotes or incites hatred or discriminatory conduct;
  • Using any Tournament services or equipment provided (as applicable) or made available by the Tournament Organizers to post, transmit, disseminate or otherwise make available any communications prohibited by this Code of Conduct;
  • Taking any action or performing any gesture directed at an opposing Player or Team, official or spectator, or inciting any other individuals to do the same, which is insulting, mocking, disruptive or unsportsmanlike;
  • Touching or otherwise interfering with lights, cameras or other studio equipment;
  • Engaging in any other type of behavior or conduct that disparages the Tournament Organizers, Tournament sponsors, or the affiliates of the foregoing, or that is deemed inappropriate or illegal by the Tournament Organizers in their sole discretion; or
  1. Otherwise violating these Official Rules.

 

Any Player who violates the Code of Conduct may be penalized, disqualified, or otherwise disciplined by the Host, as determined by the Host in its sole discretion. The Host reserves the right to seek damages and other remedies from any such Player to the fullest extent permitted by law.

 

  1. Gameplay Settings

These are the rules further governing how the Title Game is played during the Tournament. The Tournament Organizers may communicate supplemental rules in the Tournament Discord.

 

5.1. Settings 

5.1.1. General Settings

Game Mode: Battle Royale

Crossplay: Enabled

5.2. Controllers

All standard controllers, including mouse and keyboard, are permitted. Macro functions (e.g. turbo buttons) are not permitted.

5.3. Internet Connection

Players are responsible for maintaining adequate internet connection.

5.4. Broadcasting

Players must record all gameplay in accordance with the directions provided by the Host. If any Player on a Team does not record any game or Match (or portion thereof), the results of that game or Match by such Player may be voided at the discretion of Tournament Organizers. Players must stream their Tournament POV during all games and Matches in which they participant with a 45-second stream delay. “Stream sniping” is strictly prohibited.

5.5. Match Disruptions

5.5.1. Disconnects

In the event of a disconnect, the Player that disconnected will be able to rejoin the Match.

5.5.2. Server Crash

In the event of a full server crash, Tournament Organizers may issue a replay of that particular game, at their sole discretion.

5.5.3. Stoppage of Play

Tournament Organizers may halt a game or Match at any time and for any reason. In the event of a stoppage of play, Players must remain at their devices and may not communicate with other Players until the game or Match is resumed.

5.5.4. Restarts

The Tournament Organizers may in their discretion order a game or Match restart due to exceptional circumstances, such as if a bug significantly affects a Player’s ability to play or the game or Match is disrupted by an event of force majeure or another circumstance.

  • Match Start Times and Completion

Matches must start within 15 minutes of posting by the Host. Once your Match is complete, submit the Match results and scores to the Tournament Organizers in accordance with the submission instructions made available to you on the date of the Tournament.

5.7 Sabotaging

Intentionally damaging your Opposing Team, as determined by the Tournament Organizers in their sole discretion is considered impermissible sabotaging and may be considered cheating. As long as it does not damage any member of your Opposing Team, damaging, stealing, and/or destroying any vehicles is not considered sabotage (as determined by the Tournament Organizers). Driving a vehicle into/over an Opposing Team member is considered sabotage.

5.8. Cheating

Any 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. Hacking or use of third party software to obtain an unfair advantage, as determined in the Tournament Organizers’ sole discretion, is cheating. If any Player suspects they died due to cheating by another Player, immediately (i) let the Opposing Team know immediately via in-game communications, and (ii) ping the Tournament administrators through your respective team chat with a video clip evidencing the alleged cheat; if the Player suspecting cheating does not do both (i) and (ii) immediately, then the applicable results will stand.

5.9. Penalties

Players or Teams who break these Official Rules are subject to penalties including (but not limited to) the following, in the Tournament Organizers’ sole discretion to maintain integrity of the Tournament:

  • Match Restart
  • Loss of Ban Selection
  • Loss of Game
  • Match Forfeiture
  • Temporary Player Bans
  • Permanent Player Bans

 

5.8. Names, Logos, Avatars and Branding Restrictions

The Tournament Organizers reserve the right to reject, in their sole discretion, names, logos, avatars or branding that violate the Code of Conduct, including without limitation, any that:

  • infringe upon the rights of any 3rd party rights without explicit written permission;
  • resemble or are identical to a brand or trademark;
  • resemble or are identical to another identity or person;
  • resemble or are identical to the name or persona of Tournament Organizers or other Teams.

 

  1. License and Ownership of Tournament Footage.

Each Player that registers for and/or participates in the Tournament grants to the Host  the non-exclusive, sub-licensable, irrevocable, commercial right in perpetuity throughout the world to use the Player’s name, likeness, image, voice, appearance, performance, statements the Player has provided to the Host or Activision, any broadcast Player captures of Player’s participation in the Tournament (including any stream broadcasts, VODs, video clips, etc.) any photographs, audio and/or video footage taken of the Player in connection with the Tournament (no matter by whom), any results, proceeds or forms of intellectual property arising out of the Tournament, tag, nickname, aliases, animation, persona, autograph/signature, voice line or any other personal indicia, identifying characteristics, avatars and emojis, biographical information, life story and backstory and any and all goodwill, any other materials supplied by the Player, and statutory or common law rights of privacy or publicity related to any of the foregoing (collectively, the “Player Content”) throughout the world in and in connection with the Tournament (including in promotion thereof, historical reference thereto, and any advertising materials, sponsorship promotion, or other exploitation thereof) in any manner, means or media, whether now known or hereinafter devised, and/or any merchandising, publications and audio and/or visual recordings in connection therewith without additional compensation hereunder. For the avoidance of doubt, this license is deemed granted by each Player to the extent the Player registers for and/or participates in the Tournament even if that Player thereafter withdrawals.

This license shall be granted on a perpetual basis to the extent any Player Content is integrated into any media or merchandise during the Tournament, and/or promotional activities related to the Tournament, including in respect of any portions, compilations or adaptations of such media derived thereafter. As between the Host and each Player, the Host shall retain all revenues from the exploitation of the foregoing and the Player shall receive no royalties or additional compensation therefor. Each Player shall cooperate with various promotional and sponsorship activities required by the Tournament Organizers.

During the Tournament and activities related thereto, each Player agrees to allow the Host and their respective affiliates to film, record and photograph the Player, either alone or together with others, for still photograph, motion pictures, radio, television, the internet or other media, at such times and places as the Host may reasonably designate and no matter by whom taken. This, with any recording, footage, or content created, recorded, streamed, distributed, or otherwise captured by Player in connection with the Tournament is, collectively, the “Tournament Footage”. All copyrights, moral rights, and any other rights in and to all of the Tournament Footage shall belong to the Host and/or Activision, as applicable, and the Player shall be entitled to no royalties or additional compensation should the Host and/or Activision choose to exercise such rights. The rights granted pursuant to this Section include the right to use, and grant third parties the right to use the Player Content to market, promote or endorse third parties and/or their products, services or brands and the Player shall cooperate in connection with any related activities, including appearing in advertisements or commercials or at events.  Player hereby irrevocably grants and assigns any rights Player has in and to the Tournament Footage to Host and Activision.

Without limiting the license granted in these Official Rules, if requested by the Tournament Organizer(s) with respect to the Tournament Organizers’ use of the Player Content, Player agrees to sign a standard appearance release and license further evincing the rights granted to the Tournament Organizers in accordance herewith.

 

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