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WARGAMING SKIRMISHES - TERMS OF USE

Wargaming Skirmishes Terms of Use

These terms (“Terms”) cover the World of Tanks tournament described below (“Tournament”), which is offered by Wargaming.net (“Wargaming”) and will be played using Xbox LIVE Arena (“Arena”). 

You accept these Terms by registering to participate in a tournament using the registration tools in the Arena software.  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, the Xbox LIVE Code of Conduct, the World of Tanks Console End User License Agreement, Terms of Service, and Privacy Policy.  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. 

 1. Tournament DESCRIPTION

A. Overview. The Tournament that you have registered for (“Your Tournament”) is described below.  Arena will keep track 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.”

YOUR TOURNAMENT

 

Tournament Name:

November Skirmish #1

Tournament Description:

Global Participation

7v7

Single Elimination Bracket

Tank Tier Limits: 7 & 8

No tank type restrictions

Encounter Mode Maps

10 minutes per battle

128 Team bracket

Title:

World of Tanks on Xbox One

Entry Fee:

None

Server(s):

NA East and EU

Tournament Type:

Online only, 7v7, Single Elimination

Bracket Size:

128 Teams per server

Minimum Age:

13 (see eligibility rules)

Game Platform(s):

Xbox One

Other Requirements (sold separately):

· Xbox One console

· Xbox Live Gold

· Broadband Internet (ISP fees apply)

Prizes:

1st Place: 18,000,000 Silver per Team - 2,571,430 Silver Per Player

2nd Place: 12,000,000 Silver per Team - 1,714,285 Silver per Player

3rd Place: 6,000,000 Silver per Team - 857,140 Silver per Player

4th Place: 6,000,000 Silver per Team - 857,140 Silver per Player

5th Place - 8th Place: 1,500,000 Silver per Team - 214,285 Silver per Player

9th Place - 12th Place: 1,000,000 Silver per Team - 142,855 per Player

13th Place - 16th Place: 735,000 Silver per Team - 105,000 per Player

 

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 Team versus one Team.  "Best of" Games are not included within Your Tournament at this time.  Your Tournament is single elimination: a Team 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 Team are both in the Game Lobby, but before each Match begins, each Player may choose a Tank, Equipment, Supplies (Ammunition and Consumables), Customizations (Camouflage, Emblems, and Inscriptions) and Loadout ("Loadout") for the Game.  Both Teams have 5 minutes prior to the Match start to log into the game Garage, complete your Loadout, and ready up for the Match.  After Tanks are chosen, play begins when the 5 minute timer completes.  The Match is over when the Title declares one Team the winner and returns the Teams to the Game Lobby.  After the Match, both Teams have the option to keep the same Tank and Loadout, or pick a new Tank and Loadout.  The Team who wins the Match will progress to the next round of Your Tournament in the same bracket. The Team who loses the Match will be eliminated from Your Tournament.

D. Officials. Wargaming or Microsoft may appoint a representative to officiate a Match in Your Tournament, or assist with other aspects of Your Tournament’s administration (“Official”).

E. Spectators. Spectators are not permitted in Your Tournament, at this time.

F. Delays/No Shows. Players may not unreasonably delay the start of any Match. When you get the notification that says your next Match is ready, you can act on it, and you will be put in the Game Lobby with a timer.  Only 1 member from your Team needs to ready up in the Game Lobby to play through a Match.  If your opposing Team 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 ("Bye").  Failure of any Team member to report to the Game Lobby within five (5) minutes from the notification will result in forfeit of the Match. 

G. Rule Violations and Penalties.  Players may report any violations of these Gameplay Rules or Terms to an Official at arena_skirmishes@wargaming.net, who shall have full and final discretion to determine whether a violation has occurred, and if so, what penalty to apply.

3. Additional Restrictions

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, the Microsoft Services Agreement, the World of Tanks Console End User License Agreement, Terms of Service, Privacy Policy, or other applicable agreement.  Repeated warnings may result in a penalty.

H. Penalties. A violation of these Terms, the Xbox LIVE Code of Conduct, the Microsoft Services Agreement, the World of Tanks Console End User License Agreement, Terms of Service, Privacy Policy or other applicable 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, Wargaming 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 Wargaming or 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, Wargaming and Microsoft reserve 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 Wargaming or 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, Argentina, Australia, Austria, Belgium, Canada (except Quebec), Chile, China, Colombia, Czech Republic, Denmark, Finland, France, Germany, Greece, Hong Kong, Hungary, India, Ireland, Israel, Italy, Japan, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Russia, Saudi Arabia, Singapore, Slovakia, South Africa, South Korea, Spain, Sweden, Switzerland, Taiwan, Turkey, United Arab Emirates, United Kingdom.  Your Tournament is void in Arizona, AND Colorado, as well as in Brazil and Quebec, 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 (as may be determined by Wargaming).  Children under age thirteen (13) are not permitted to register for any Tournament organized using Arena.  Prize winners must provide Wargaming 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. Neither Wargaming nor Microsoft is 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-served 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.  A person cannot play as part of more than one (1) Team. 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 Wargaming and will not be acknowledged or returned.  Neither Wargaming nor Microsoft is 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 description above.  All prizes are non-transferable and not exchangeable for any other prize and non-cash prizes are not redeemable for cash.  In the case of unavailability of a prize, Wargaming reserves the right, in its sole discretion, to substitute a prize of comparable or greater value.  Each winner assumes all liability for use of the prize.  All winners acknowledge and agree that Wargaming may elect to fulfill all prizes through an authorized agency, vendor or supplier. Prizes are awarded “as is” with no warranty or guarantee, either express or implied.  All prize details are at Wargaming’s discretion.

E. Prize Winners. All winners are subject to verification by Wargaming, 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 Wargaming.  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 Wargaming 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.  Wargaming 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. Neither Wargaming nor Microsoft is 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 form at 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. WARGAMING, MICROSOFT, AND THEIR RESPECTIVE 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 ARENA AND THE TOURNAMENTS ARE PROVIDED ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.”  YOU BEAR THE ENTIRE RISK OF USING ARENA AND PARTICIPATING IN TOURNAMENTS.  NEITHER WARGAMING NOR MICROSOFT GUARANTEES 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 either Wargaming or Microsoft (or any of their respective affiliates, resellers, distributors, and vendors) your direct damages, which in the case of Wargaming shall be $100, and in the case of Microsoft, 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 Wargaming or 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, WARGAMING AND MICROSOFT DISCLAIM 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 Xbox platform 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 Wargaming and to Microsoft, and their respective 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. Wargaming or 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.