News, Feb 15, 2019
Supercell Tournament Rules
YOU (OR A PARENT OR LEGAL GUARDIAN, AS APPLICABLE AND AS DESCRIBED BELOW) MUST ACCEPT THESE RULES (BY SIGNING OR ELECTRONICALLY ACCEPTING A PLAYER PARTICIPATION FORM AS PROVIDED BY SUPERCELL EITHER IN PRINT OR ONLINE) IN ORDER TO PARTICIPATE IN THE TOURNAMENT AND MUST ABIDE BY THESE RULES IN ORDER TO REMAIN ELIGIBLE TO PLAY IN THE TOURNAMENT AND TO RECEIVE PRIZES. BY SIGNING OR OTHERWISE ACCEPTING THIS AGREEMENT OR BY PARTICIPATING IN THE TOURNAMENT, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS AND THE COMPETITION PROCEDURES AND RULES.
NO ENTRY FEE OR OTHER PURCHASE IS NECESSARY OR REQUIRED TO PARTICIPATE IN THE TOURNAMENT. VOID WHERE PROHIBITED BY APPLICABLE LAW.
1. General Obligations
The purpose of this Agreement is to secure a fun, fair and enjoyable Tournament experience for all players, spectators, organizers, media representatives and other people involved in the Tournament. For this purpose you agree: (i) That the personal information provided by you to participate to the Tournament are true and correct; (ii) To comply with all applicable legislation, this Agreement, the Rules, the Competition Procedures and Rules, any Game-specific rules and with other instructions and guidelines issued in any form and amended, as the case may be, by Supercell from time to time; (iii) To act and otherwise behave in accordance with good practice and in a sportsmanlike, fair, friendly and polite manner in relation to the Tournament; (iv) To refrain from the use of abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive language; (v) Not to use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to disguise your location or region of play or modify or interfere with the Game or any other Supercell game experience or without Supercell’s express written consent, modify or cause to be modified any files that are a part of the Game; (vi) Not to disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Tournament or any Game environment; (vii) Not to gamble or bet on or assist others in gambling or betting on the Tournament, its matches or any other events or outcomes of the Tournament; and (viii) Not to otherwise engage in any other illegal activities in connection with the Tournament or act that Supercell deems to be in conflict with the spirit or intent of the Tournament and these Rules.
Supercell may change this Agreement, the Rules, the Competition Procedures and Rules, the prizes, any Game-specific rules and other instructions and guidelines, at any time for any reason without incurring liability to you or any other player. Such changes may be notified during the Tournament or otherwise as reasonably possible.
For clarity and unless otherwise stated in the Rules or the Competition Procedures and Rules, you are responsible for procuring the devices, software and data communication connections that are required for playing the Game and participating in the Tournament. Furthermore, you are solely responsible for your own travel, accommodation, travel visas or other travel requirements or documentations, and other costs and expenses that you (or your family members, guardians, representatives or friends) may incur or may be necessary in connection with your participation in the Tournament, unless expressly provided otherwise.
Subject to the Competition Procedures and Rules, the Tournament is open to all legal residents of all countries or territories where the Tournament is not void or prohibited by law who are 18 years or older and are otherwise not prohibited, based on the laws or regulations of their country or state of residence, from participating in skill-based competitions with prizes of money or other monetary value. All participants who are at least 18, but under the majority age in the jurisdiction in which they reside (a “Minor”) must receive the permission of a parent or legal guardian and have such parent or legal guardian sign or accept this Agreement on the Minor’s behalf in order to participate in the Tournament. If the Minor qualifies for a live, in-person event as part of the Tournament, additional proof of parental consent and parent or legal guardian accompaniment may be required. As part of the Tournament qualification process and as set forth in the Competition Procedures and Rules, you must have an official game account and at least town hall level 12 to qualify, and are required to play the Game from your own region, except for any live, in-person Tournament events following qualification rounds.
Supercell and ESL employees, vendors, agents and contractors of Supercell’s partners or any other entity involved in the organization, implementation, execution, and prizing of the Tournament, and all of their respective relatives are not eligible to participate in the Tournament.
3. License Grant
We may make available for you and for the other players a special build of the Game, including related documentation and materials, (“Tournament Build”) to be used in the Tournament and you may be able to install this Tournament Build on your own device.
Subject to this Agreement and any other relevant Supercell policies, Supercell grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Tournament Build in the Tournament. You agree to: (i) Not to use the Tournament Build for any other purpose than the Tournament and to permanently delete the Tournament Build from all your devices right after the Tournament or immediately upon Supercell’s request; (ii) Keep the Tournament Build in confidence and not to disclose, transfer or otherwise divulge the Tournament Build to any third party; and (iii) Not to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used in the Tournament Build, or to obtain any information from the Tournament Build using any method not expressly permitted by Supercell.
4. Warnings, Disqualification and other Sanctions
Supercell is entitled to prevent your participation and remove or disqualify you from the Tournament or render you ineligible to receive prizes, with or without warning, in case there is a reasonable cause to suspect that you are in breach of this Agreement or any other rules, instructions or policies referred to or issued based on this Agreement, or your participation or award of certain prizes is or could be in violation of any applicable laws or regulations. All sanctions, such as warnings, removal, refusal to award prizes and disqualification from a game, match or Tournament, are in the sole judgement and discretion of Supercell and the Tournament staff. All decisions by Supercell and the Tournament staff are final and binding towards you and the other players and may not be disputed.
5. Prizes and Taxes; Qualification and Prize Award Requirements
The existence, value, award, recipients and any other aspects related to any Tournament prizes are in the sole discretion of Supercell or its licensors and subject to a reasonable level of competition. Such decisions by Supercell are final and binding towards you and the other players and may not be disputed.
Award and receipt of any prize is contingent upon your compliance with all of the Rules, legal and regulatory compliance under all applicable laws and regulations as determined by Supercell in its sole discretion, and satisfactory completion of any and all documentation as described below.
You warrant that you are, based on the laws or regulations of your country of residence and otherwise, permitted to receive the possible prizes or other benefits or accommodations, if any, supplied by Supercell as part of the Tournament, including in particular the possible cash prize, and in the event of a breach of this warranty or actual or potential violation or non-compliance with applicable laws and regulations, Supercell has the right to refuse to award any prizes or make such modifications or impose such other obligations as may be necessary or appropriate to ensure compliance with applicable laws and regulations as part of your qualification and participation in the Tournament.
You understand and agree that you are solely responsible for all taxes, fees or charges levied on the prizes or other benefits or accommodations, if any, supplied by Supercell as part of the Tournament (without recourse to Supercell) and for the proper filing and reporting of the prizes and benefits on your tax returns or as otherwise required in any relevant country. Supercell or its licensors maintains the right to deduct or withhold any applicable taxes payable by you from the prizes and benefits (including but not limited to withholding taxes) as required by the applicable tax laws.
Any Tournament prize winners or qualifying participants shall be required to execute such documentation or forms as may be required by Supercell in its reasonable discretion, such as an affidavit of eligibility, liability/publicity release or waiver, performance agreements, and applicable tax forms, in order to receive prizing, benefits or payment, or otherwise participate in qualifying rounds of the Tournament. Refusal or failure of a Tournament prize winner or qualifying participant to sign such documentation, agreements or forms or otherwise satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms, as determined by Supercell in its sole discretion, will result in the winner forfeiting the prize(s) and an alternate winner being selected by Supercell or your disqualification from further participation in the Tournament.
6. Publicity, Ownership and Intellectual Property Rights
You understand that the Tournament is public and may be broadcasted live and recorded and broadcasted and distributed afterwards through different media and channels. For this purpose, you hereby grant to Supercell an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, record, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content (as defined in the Supercell Terms of Service), name, player name, likeness, image, picture, photograph, voice and any other similar information or material as well as all modified and derivative works thereof. You also hereby grant to Supercell the right to authorize others to exercise any of the rights granted to Supercell under this Agreement. All rights, title and interest in and to the Tournament Build, Tournament, the Game and any other Supercell games (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Supercell game client, and the Supercell game clients and server software) are owned by Supercell. Supercell reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Tournament.
7. Disclaimer of Warranties
WITHOUT LIMITING SUPERCELL’S LIABILITY UNDER SECTION 8 BELOW, THE GAME AND THE TOURNAMENT ARE PROVIDED ON AN “AS IS” BASIS FOR YOUR USE, PARTICIPATION AND ATTENDANCE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SUPERCELL DOES NOT WARRANT THAT THE GAME OR THE TOURNAMENT WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE TOURNAMENT BUILD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
SUPERCELL SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE TOURNAMENT ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUPERCELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE TOTAL AGGREGATE LIABILITY OF SUPERCELL ARISING OUT OF OR RELATING TO SUPERCELL’S HOSTING AND OPERATION OF AND YOUR PARTICIPATION IN THE TOURNAMENT SHALL NOT EXCEED EUR 50 (FIFTY EUROS).
You agree to indemnify, defend and hold Supercell harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your participation in the Tournament, or any breach by you of this Agreement, the Rules or the Competition Procedures and Rules.
9. Governing Law and Disputes
If a dispute arises between you and Supercell, we strongly encourage you to first contact us directly to seek a resolution. You agree that all disputes between you and Supercell shall be governed by the laws of Finland, without regard to conflict of law provisions. Any dispute, controversy or claim arising out of or relating to this Agreement or the Tournament, or the breach, termination or validity thereof, will be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The seat of arbitration shall be Helsinki, Finland. The arbitration shall be conducted and the arbitration award shall be given in the English language. The arbitration procedure and all related material and information shall be treated as confidential information. Supercell may seek interim injunctive relief(s) from any court of competent jurisdiction to enforce the terms of this Agreement or its intellectual property rights as well as the enforcement of the arbitral award. If arbitration is prohibited by any applicable law, you agree that any claim or dispute you may have against Supercell must be resolved exclusively by a court located in Helsinki, Finland.