These terms (“Terms”) cover the Killer Instinct tournament described below, which will be played using Xbox LIVE Arena (“Arena”). Arena is Xbox LIVE’s online tournaments platform that operates across Xbox One and Windows 10. Arena offers several benefits for gamers, including discovering tournaments, easy registration, notifications, launching directly into a match, and automatic reporting of results. Players engaged in skill games will also be able compete for prizes and bragging rights using Arena.
You accept these Terms by registering to participate in a tournament using the registration tools in the Arena software (“Tournament”). As used in these Terms, the word “you” refers to the player who has registered for a Tournament using Arena (“Player”).
You agree to comply with these Terms, and also agree that your participation in each Tournament is at all times subject to the Microsoft Services Agreement and the Xbox LIVE Code of Conduct. For the avoidance of doubt, Arena is a “Service” for purposes of the Microsoft Services Agreement and is also an “Xbox Service” for purposes of Xbox-specific terms in Section 14a of the Microsoft Services Agreement. IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15 OF THE MICROSOFT SERVICES AGREEMENT. IT AFFECTS HOW DISPUTES RELATING TO ARENA AND THE TOURNAMENTS ARE RESOLVED.
1. Tournament DESCRIPTION
a. Overview. The Tournament that you have registered for (“Your Tournament”) is described below. Arena will keep track of the results of each individual contest in the Tournament (“Game”) and each series of Games (“Match”). The video game that will be played in Your Tournament is referred to in these Terms as the “Title.”
|Tournament Name:||Killer Instinct: Arena BETA Tournament|
|Title:||Killer Instinct: Xbox One Edition or Killer Instinct: Windows 10 Edition|
|Tournament Type:||Online only, 1v1, Best of 3 Games, Single Elimination|
|Bracket Size:||128 Players|
|Game Platform(s):||Xbox One, Windows 10|
|Other Requirements (sold separately):||· Xbox One console or PC running Windows 10 (PC must meet minimum requirements)· Killer Instinct: Xbox One Edition or Killer Instinct: Windows 10 Edition
· Broadband Internet (ISP fees apply)
2. GAMEPLAY Rules
a. Online Single Elimination Format. Your Tournament is played using each Player’s broadband Internet data service and the Xbox LIVE gaming service. All Matches in Your Tournament are one Player versus one Player, for the best of three Games. Your Tournament is single elimination: a Player who loses a Match will be eliminated from the Tournament.
b. Setup. Before the Match, you are responsible for ensuring that you have a good connection, accept an invitation to the online game lobby (“Game Lobby”), and configure your controller, audio and/or video settings using the settings menu in the Title.
c. Play. After you and your opposing Player are both in the Game Lobby, but before each Game begins, each Player may choose a character and game mode for the Game. After characters are chosen, play begins when both Players are ready to play the first Game and begin the Game. The Game is over when the Title declares one Player the winner and returns the Players to the Game Lobby. After the first Game (and after the second Game, if needed), the Player that lost the prior Game has the option to keep the same character and game modes, or pick a new character and game modes. The Player that won the prior Game should keep the same character and game modes; failure to do so may result in disqualification. After the losing Player has elected to choose a new character (or not), play resumes when both Players are ready to play the next Game and begin the next Game. Play continues until either Player has won two Games, at which time that Player is declared the winner of the Match. The Player who wins the Match will progress to the next round of Your Tournament in the same bracket. The Player who loses the Match will be eliminated from Your Tournament.
d. Officials. Microsoft may appoint a representative to officiate a Game or Match in Your Tournament, or assist with other aspects of Your Tournament’s administration (“Official”).
e. Spectators. Spectators are ordinarily not permitted in the Game Lobby and Arena may disable invitations to the Game Lobby. After both Players report to the Game Lobby, only the two competing Players and an Official may be invited to join the Game Lobby. In some cases, representatives of Microsoft or Your Tournament’s partners may be invited by Microsoft to join the Game Lobby. These Microsoft-invited representatives are the only permitted spectators.
f. Delays/No Shows. Players may not unreasonably delay the start of any Game or any Match. When you get the notification that says your next Match is ready, you can act on it, and you will be put you in the Game Lobby with a timer. If your opponent has not reported to the Game Lobby before the timer counts down to zero, Arena will give you the win, and you will move up the bracket to the next round. Failure to report to the Game Lobby within five (5) minutes from the notification will result in forfeit of the Match.
g. In-Game Menu. Players may not bring up the in-game menu at any time during play of a Game. Any Player who does so may forfeit the Game or the Match, at the discretion of the Official.
h. Rule Violations and Penalties. Players may report any violations of these Gameplay Rules or Terms to an Official at email@example.com, who shall have full and final discretion to determine whether a violation has occurred, and if so, what penalty to apply.
3. Arena Rules
a. Cheating. Cheating is prohibited at all times and may result in the forfeiture of a Game or Match, disqualification from Your Tournament, temporary or permanent suspension from other tournaments, or other penalties. Examples of cheating, and penalties for cheating, are found in the Xbox LIVE Code of Conduct. In addition, examples of cheating in Tournaments organized using Arena include abusing in-game or platform-based mechanics or bugs, software manipulation, glitching, network manipulation or throttling, impersonating an Official or Xbox staff and any other conduct that in an Official’s or Microsoft’s discretion constitutes an attempt to gain an unfair advantage.
b. Failure to Cooperate. Players must cooperate at all times with the directions of Officials. The failure to cooperate, or any verbal abuse of an Official, may result in the forfeiture of a Game or Match, disqualification from Your Tournament, temporary or permanent suspension from other tournaments, or other penalties.
c. Collusion/Bracket Manipulation. Each Player must play to the best of his or her ability in all Games and Matches. Players may not collude or cooperate in any way that manipulates the bracket, the results of any Game or Match, or the overall outcome of the Tournament. Any such conduct shall immediately disqualify all Players involved from the Tournament, and may result in potential temporary or permanent suspension from other tournaments, or other penalties.
d. Gambling. No Player may engage in any form of betting or gambling in connection with any Tournament organized using Arena. Any such conduct shall immediately disqualify the Player from the Tournament, and may result in potential temporary or permanent suspension from other tournaments, or other penalties.
e. DDoS Attack. Performing, soliciting, or assisting with a distributed denial of service attack against any Xbox LIVE user will result in immediate disqualification from the Tournament, or other penalties, including the possibility of permanent suspension from Xbox LIVE.
f. Illegal Activities. Players may not engage in any illegal activities in connection with participation in a Tournament or use of Arena.
g. Warnings. An Official may issue a public warning based on any apparent violation of these Terms, the Xbox LIVE Code of Conduct or the Microsoft Services Agreement. Repeated warnings may result in a penalty.
h. Penalties. A violation of these Terms, the Xbox LIVE Code of Conduct or the Microsoft Services Agreement may result in assessment of one or more penalties. The penalties associated with a violation of the Xbox LIVE Code of Conduct or the Microsoft Services Agreement are specified in those agreements. In addition to those penalties, there are specific penalties that are associated with your use of Arena and your violation of these Terms. These include, without limitation, public warnings, forfeitures of a Game, forfeitures of a Match, disqualification from Your Tournament, temporary or permanent suspension from other tournaments, or any other action that an Official or Microsoft may deem appropriate. Any of the foregoing penalties may be combined with other penalties associated with a violation of the Xbox LIVE Code of Conduct or the Microsoft Services Agreement. Some violations may result in immediate disqualification from Your Tournament, depending on the nature and severity of the violation. All decisions of Microsoft concerning all matters related to Your Tournament are final.
i. Civil or Criminal Violations. If, in connection with your use of Arena or your participation in any Game, Match or Tournament, you engage in conduct that is prohibited by law, Microsoft reserves the right to pursue any and all civil claims or remedies to the full extent available by law, or to refer such conduct to applicable law enforcement authorities for further investigation or prosecution.
j. Cancellation. If Microsoft determines for any reason that a Tournament cannot be administered as planned, or that the administration, security, fairness, integrity, or proper conduct of a Tournament may be compromised, then Microsoft reserves the right to make any and all decisions and take any and all actions regarding the administration of the Tournament as Microsoft in its sole discretion may deem appropriate, fair, or equitable in the circumstances. For example, if a Tournament has been compromised for technical reasons or due to an interruption, interference, error, omission, deletion, delay, or other disruption, then Microsoft may elect to postpone, suspend, or reschedule particular Games or Matches in the Tournament, or it may elect to cancel the Tournament altogether.
4. Eligibility, Registration AND PRIZES
a. Player Eligibility. Participation in a Tournament is open to legal residents of the United States only. YOUR TOURNAMENT IS Void in Arizona, AND Colorado, and where prohibited OR RESTRICTED by law. By participating in Your Tournament, you represent and warrant to Microsoft that you meet the minimum age required for Your Tournament as described above and additionally that either: (i) you have reached the age of majority in your home jurisdiction and are legally competent to enter into a binding legal agreement, or (ii) a parent or guardian will sign a release on your behalf in order for you to be eligible to participate or receive a prize. Children under age thirteen (13) are not permitted to register for any Tournament organized using Arena. Prize winners must provide Microsoft with a government-issued photo ID proving age upon request. All national, federal, state, and local laws apply.
b. Player Requirements. You must have and personally use your own unique Xbox LIVE Gold Membership and associated gamertag when participating in Your Tournament. The registration information you provided for your Xbox LIVE Membership must contain your correct and complete name, address, and email address. A false name, address, email, or any other violation of this Section may result in the termination of your eligibility to participate in a Tournament or the forfeiture of a prize. Microsoft is not responsible for any inaccurate information. Any advertising of, or attempt to buy, sell, trade, or exchange an Xbox LIVE Membership, is prohibited.
c. Registration. Tournament registration is on a first come, first serve basis and is open until either all applicable Tournament spots are filled or registration is closed. Tournament bracket size is subject to change based on the total number of eligible Players at the end of registration. Registration is limited to one entry per person per Tournament. Valid Tournament entries must contain all information requested by the Arena registration software. Incomplete or multiple entries will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any person using such methods. All entries become the property of Microsoft and will not be acknowledged or returned. Microsoft is not responsible for lost, late, incomplete, misdirected or incomplete entries.
d. Prizes. The prizes that may be awarded to the eligible winners of a Tournament are limited to one prize or prize package per winner. A description of the prize for Your Tournament is set forth in the creation template above. All prizes are non-transferable and not exchangeable for any other prize. In the case of unavailability of a prize, Microsoft reserves the right, in its sole discretion, to substitute a prize of equal or greater value. Each winner assumes all liability for use of the prize. All winners acknowledge and agree that Microsoft may elect to fulfill all prizes through an authorized agency, vendor or supplier.
e. Prize Winners. All winners are subject to verification by Microsoft, whose decisions are final and binding in all matters related to a Tournament. A Player is not a winner of any prize unless and until the Player’s eligibility has been verified by Microsoft. Verification is required even if the Title or the Arena platform software has identified a Tournament winner. The winners of a Tournament will be notified by email or direct message via Xbox LIVE within approximately seven (7) days after the end of the Tournament. Each winner is required to follow the instructions in the email or direct message within five (5) days of notification. Instructions may require each winner to complete and execute such documents as Microsoft may require. If a winner cannot be contacted within fourteen (14) days of the first notification attempt, or does not follow the instructions in email or direct message, rejects the prize, or is not in full compliance with these Terms, such prize will be forfeited. Microsoft reserves the right to select an alternate winner from among the next-highest placing Players in the Tournament. Each winner is solely responsible for any and all applicable taxes, gratuities and unspecified expenses. Microsoft is not responsible for any taxes, gratuities or unspecified expenses incurred by a winner, which shall be the sole responsibility of the winner. Any person winning prizes may receive an appropriate IRS format the end of the calendar year during which prizes were won, in which case a copy of such form will be filed with the IRS.
5. Risk of loss
a. Disclaimers Relating to Arena and the Tournaments. MICROSOFT, AND ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF ARENA OR YOUR PARTICIPATION IN ANY TOURNAMENT. YOU UNDERSTAND THAT USE OF ARENA AND YOUR PARTICIPATION IN ANY TOURNAMENT IS AT YOUR OWN RISK AND THAT WE PROVIDE ARENA AND THE TOURNAMENTS ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING ARENA AND PARTICIPATING IN TOURNAMENTS. MICROSOFT DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM ARENA OR ANY TITLE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THAT ARENA OR ANY TOURNAMENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
b. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your Xbox LIVE Membership fee for the month during which the breach occurred (or up to $10.00 if the services are free). You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if Microsoft knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, Arena, the Tournaments, the Titles, the software related to any of the forgoing. These limitations and exclusions also apply personal injury and/or death arising out of participation in any Tournament or the acceptance, use or misuse of the prize. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER TO ANY PLAYER ON THE BASIS OF ANY POSTPONEMENT, SUSPENSION, RESCHEDULING, CANCELLATION OR OTHER ALTERATION OF ANY TOURNAMENT FOR ANY REASON.
6. General terms
a. Publicity Release. The Arena software has, or may in the future have, features that will allow you to build your personal brand as a competitive gamer. These features may include the ability to stream or broadcast your play of a Game or Match using functionality provided by Microsoft, its affiliates or third-party service providers. If your Xbox privacy settings allow it, you can take advantage of these features now or as they become available. If you elect to take advantage of these features, then you grant to Microsoft, its affiliates and sublicensees a free and worldwide right to use, modify, reproduce, edit, distribute, and display (i) audio and video of your play of a Game or Match in any media and on any distribution platform, whether now known or hereafter devised, (ii) your audio, visual and written in-game communications, and (iii) your name, gamertag, image, photograph, motto, avatar, voice and likeness (“Your Gamer Content”). You further agree that, if your Xbox privacy settings allow it and you elect to use the features described above, Microsoft, its affiliates and sublicensees may use and exploit Your Gamer Content in connection with the promotion or exploitation of Your Tournament, other tournaments, the Title, Xbox LIVE, or Xbox in perpetuity, throughout the universe, and you irrevocably waive any claims to any compensation or remuneration for such use. Nothing in these Terms obligates Microsoft to make any features available in Arena or to exercise or exploit the licenses and rights granted by you in this Section.
b. Microsoft Services Agreement. For clarity, all of the terms of the Microsoft Services Agreement apply to Arena and the Tournaments, including, without limitation, the provisions in Section 14a (Xbox Live and Microsoft Studios Games and Applications) and Section 15 (Binding Arbitration and Class Action Waiver).
c. Changes to Arena. There may be times when Microsoft needs to remove or change features or functionality of Arena or stop providing Arena altogether. Except to the extent required by applicable law, Microsoft has no obligation to provide a re-download or replacement of any material, digital goods, or applications previously purchased. Microsoft may release Arena or its features in a beta version, which may not work correctly or in the same way the final version may work.
d. Updates to these Terms. Microsoft may change these Terms at any time, and we’ll tell you when those changes are made. Using Arena or participating in a Tournament after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Arena and stop participating in Tournaments.
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