NO PURCHASE NECESSARY TO ENTER, OR WIN A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE A PARTICIPANT’S CHANCES OF WINNING.
1. DEFINITIONS: The following definitions shall apply to the respective capitalized terms used herein.
“Administrator” is Replay Esports Inc (or known as GO4).
“Sponsor” is a company, brand, merchant, or retailer that sponsors a tournament promotion on the GO4 platform.
“Game Tag” is the participant’s game or leaderboard name.
“Partners” is the Sponsor, a kiosk owner-operator, their respective retailers, game developers, advertising, promotion and production agencies and fulfillment companies, the affiliated companies of any of them (such as parent and subsidiary companies) and their respective employees are sometimes referred to as the “Partners”.
“Game” means a form of play or contest, especially a competitive one played according to rules and decided by skill accomplished through an interactive video medium.
“Leaderboard” means a display showing the rank and Game score that each Game Participant has achieved.
“Prize” means a product, service, or other item of value offered by a Sponsor to Participants who achieve the best score for playing a Game.
“Random Offers” means special offers by sponsors to Participants for playing tournaments or promotion.
“Rewards” means the collection of special offers that a Participant can receive for playing promotions. Rewards are forwarded to the Participant’s wallet in their GO4 GoldTM mobile account.
“Offer,”, “Coupon”, “Discount Coupon,” or “Instant Coupon” means a voucher entitling the holder to a discount for a particular product or service.
“Instant Win” means a product, service, or other item of value offered by a Sponsor.
“Collect to Win” means a digital item that is randomly issued to a Participant as a Sweepstakes Reward. Participants can collect multiple items to complete a predetermined collection (for example, letters to spell a predetermined word). Once the Participant has collected each all items in the collection, s/he will be eligible to win a product, service, or other item of value.
“Awards” mean the Prizes, Rewards, or Points (known as GO4 Gold) that Participants can win by participating in the Tournament.
“Tournament” means a skilled based game sponsored by brands and merchants in which Participants can win Awards. Participants play a Game, competing with other Participants for Prizes, Special Offers, and GO4 Gold points. The Tournament Game may be used in other unrelated Tournaments, however Participant’s Game scores are only applied to the Tournament in which the Game was played. Tournament Rules and Awards are unique to each Tournament
“Promotion” means the marketing process of engaging Participants in Tournaments and display advertising to raise Participant awareness of the Sponsor’s product or brand.
3. ELIGIBILITY: The Promotion is open only to: (i) legal residents of the 50 United States and the District of Columbia, (ii) who are at least 13 years of age at time of Game Play, as defined below, and (iii) who have registered for a free GO4 Gold™ account using their own valid email account (“Participants”). Employees of Sponsor, Administrator and each of their respective parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, distributors, their respective (as applicable) directors and officers or members and managers, and each of such persons’ immediate family members and persons living in their same household (whether legally related or not) are not eligible to participate in the Promotion or win an Award. Void in Puerto Rico, all United States Territories and Possessions and overseas military installations (located outside of the 50 states of the United States and the District of Columbia), and where prohibited or restricted by law. All federal, state and local laws apply.
5. HOW TO PLAY THE TOURNAMENT AND GAME PROMOTIONS. During the Promotion Period, an individual may play Game Promotions by signing in at a GO4 Gold™ kiosk using his/her valid GO4 Gold™ account Screen Name and password. A GO4 Gold™ account can be created at a GO4 Gold™ kiosk or the GO4 Gold.com™ website. There is no charge to create a GO4 Gold™ account and play the sponsored promotions. . The individual will be required to affirm being at least 13 years of age, and a legal resident of the 50 US States or DC. Individuals not yet 18 years of age or who have not reached the age of majority in the state in which they reside must affirm that they have obtained permission from parent or legal guardian. To participate in the Promotion, the individual will access an on-screen Tournament at a GO4 Gold™ kiosk or GO4 Gold™ mobile app, and agree to be bound by these Official Rules. The individual will then be prompted to play the Tournament Game (“Game Play”). After a Participant completes the Game Play, s/he automatically will see the Game score and Place s/he has achieved (“Place Notification”) for that Tournament. After seeing the Game score, the Participant will receive an on-screen notification that s/he has won a Reward. Reward details will be automatically sent to his/her GO4 Gold™ mobile app account. In the event of a tie, the Participant whose Game score was recorded earliest during the Promotion Period, as determined by the Administrator in its sole discretion, will be considered to have the best score.
At the end of the Promotion Period, the Administrator will notify potential winners of Prizes they may have won, based on the Game scores the Participants have achieved. Prior to receiving any Prize, at the discretion of the Sponsor or the Administrator, the potential Prize winner must be confirmed and verified as to eligibility and compliance with these Official Rules as determined by Administrator in its sole discretion.
LIMIT: Each Participant may play in a Sponsor’s Tournament one (1) time per day, per Screen Name and per email address during the entire Promotion Period.
If it is discovered or suspected, in Administrator’s sole discretion, that a Participant has registered or attempted to enter the Tournament fraudulently, by using multiple email addresses, multiple GO4 Gold™ Screen Names, or multiple identities, or if a Participant plays or attempts to play more than the one (1) Game Play per day by any other fraudulent or deceptive means, in Administrator’s sole discretion, Participant may be disqualified, all of that Participant’s Game Plays, may be declared null and void and any Awards s/he otherwise might have been entitled to receive will not be awarded to him/her. Use of any automated system to participate in the Promotion is prohibited and will result in disqualification of any Participant attempting such use.
6. AWARDS OFFERED: On the GO4 kiosks or GO4 mobile app by which the Promotion is conducted, you can access Tournaments for free, one play per day non-cumulative. By non-cumulative, we mean that you can enter for a single free Tournament play every day during the Promotion Period; but if you miss a day, you can’t make it up by entering twice in one day later on.
Instructions regarding how to play the Tournament Game, such as identification of the player’s task, are set out in the Game itself and as such, supplement these Official Rules.
6A. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”) IN THE TOURNAMENT:
6B. DISCOUNT OFFER:
7. HOW TO CLAIM AWARDS:
For the random drawing of Discount Offers, the winner can claim the discount only at the store of the participating retailer or as applicable to products and services that may be purchased online, by an online purchase via the participating retail web site, or as directed by instructions on the Discount Offer. For a Prize awarded in the Tournament skill Game competition under paragraph 6A, above, within fifteen (15) days after the end of the Promotion Period, Potential Prize winners who have furnished an email address upon establishing their GO4 Gold™ account will receive a Potential Winner Notification via e-mail to the e-mail address associated with his/her GO4 Gold™ account. Potential Winner Notification will include further instructions on how the potential Prize winner may claim his/her prize. If a potential Prize winner is found to be ineligible, is not in compliance with these Official Rules, does not respond to email or mail notifications within 30 days, declines to accept the Prize, or if the Prize is returned as undeliverable, the Prize may be forfeited, in Administrator’s sole discretion. Sponsor will attempt to fulfill Prizes at its cost within 6 to 8 weeks from the end of the Promotion.
Potential Prize winners may be required to execute, have notarized and return an Affidavit of Eligibility/Liability & Publicity Release and Federal IRS Form W-9 or IRS Form 1099-MISC for tax filing purposes sent with the e-mail or first-class mail notification or provided by the participating retailer. All potential winners of Awards valued at $600 or more will be required to execute, have notarized and return the IRS form. In the event a potential Award winner is not 18 years of age or has not attained the age of majority in the state in which s/he resides, parent or legal guardian must execute and have notarized the IRS form. When applicable, the fully executed and notarized Affidavit of eligibility must be returned to the Sponsor or its authorized designee within fifteen (15) business days from the date of postmark or (in Sponsor’s sole discretion) the above referenced Prize may be forfeited and Sponsor may elect, in its sole discretion, to award the Prize to an alternate. Unclaimed, unawarded, forfeited or undeliverable Awards may not be awarded.
8. GENERAL AWARDS RESTRICTIONS: The Partners are not responsible for a winner’s privacy settings or spam filter settings which may divert any Promotion email, including the Potential Winner Notification or Reward notification email to a spam or junk folder. The Partners are not responsible for Awards that are lost or misdirected by the postal service. The right to receive an Award is non-assignable and non-transferable. No Award
substitution, exchange or cash equivalent will be allowed; provided however that the Sponsor and the Administrator reserve the right to substitute an Award of equal or greater value in case of unavailability of an Award or force majeure. Each winner will be solely responsible for any and all federal, state and/or local taxes imposed on the acceptance of any Award. All other costs and expenses not expressly set forth in these Official Rules shall be solely the winner’s responsibility. Promotion Entities, shall not be held responsible for any delays in awarding an Award for any reason. Each Award will only be awarded to a verified Award winner.
In no event will more Awards be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, human or other errors, there are more Potential Prize winners than are stated in these Official Rules, a random drawing from among all verified Potential Prize winners may be held to determine the official Prize winners.
THE PartnerS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS TO ANY AWARD OR ANY COMPONENTS OF THE AWARDS. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. A PLAYER MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Further, the Promotion Partners are not responsible for, and shall be indemnified by any winner against any claims, injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession, or loss of an Award. However, the foregoing is not intended to void or restrict any manufacturer’s warranty that may apply to awarded merchandise.
9. GENERAL RELEASE AND CONDITIONS OF PARTICIPATION:
Participants assume all risk of loss, damage, loss or corruption of data, damage to computers and mobile devices, destruction, delay and misdirection of Award Claim Documents and are advised to obtain insurance where appropriate. Partners are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage-due, or undeliverable, e-mail, or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site accessibility, availability, or traffic congestion, or any technical, mechanical, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Partners are not responsible for any incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion. Partners assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any kiosk device, mobile app, web site(s) or Website. Partners are not responsible for any injury or damage, whether personal or property, to Participants or to any person’s computer, mobile phone, tablet or any other device related to or resulting from participating in this Promotion, or from the use of any GO4 Gold™ kiosk or mobile app device. If, for any reason, the Promotion is not capable of running as planned, the Administrator reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of Award winners, in a manner it deems fair and reasonable including the selection of the Prize winners from among eligible Game Plays received prior to such cancellation, termination, modification or suspension.
Tournament Game plays that are forged or are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), shall be disqualified and void. The Partners shall not be responsible or liable for Tournament entries that are destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with these Official Rules. Such Tournament entries will be disqualified. By entering the Promotion, each Participant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor and Administrator, which Decisions shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all rights to bring any claim, action, or proceeding against any of the Partners in connection with the Promotion; and (iv) to forever and irrevocably to release, defend, indemnify, and hold harmless each of the Partners, and their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the “Released Parties”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind, even if the Released Parties have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the Participant’s Game Play, participation or inability to participate in the Promotion, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Promotion materials, (d) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Award (or any component of the Award), (e) any change in the prizing (or any components) due to unavailability, business or creative considerations, or due to reasons beyond any Partner’s control, including but not limited to by reason of any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Partners’ control, (f) any interruptions in or postponement, cancellation, or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the Promotion (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of the GO4 Gold™ kiosk systems, mobile app, website or any other website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail or private courier service utilized by any of the Partners or by a Participant, (j) interruption or inability to access the Promotion, GO4 Gold™ kiosk or mobile app, any other Promotion-related website, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to a Participant’s computer mobile device or other devices or data or contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Game Plays, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Partners, or any of their agents or employees, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element of such prizing), (p) or the negligence or willful misconduct by any Participant. Any and all activities related to an Award, are at the winner’s own risk and subject to whatever restrictions are imposed by the entities that govern such activities.
10. SERVICES AND SOFTWARE
10.1. The Services. We may modify, suspend, or terminate your access to the Website, Services, and/or Software, with or without notice, on behalf of our partners. We may also interrupt the operation of the Website, Services, and/or Software as necessary for maintenance, error correction, or other work. If we reasonably believe that you have violated or will violate these Terms, we may suspend or close your account without notice or liability. Additionally, if we determine that you have violated these Terms, we may forfeit, disgorged or recoup your Winnings, if any, without limiting our other rights or remedies.
10.2. Software. If you wish to participate in Competitions from our sponsors or receive Services, you may be required to first download certain mobile applications from our third-party partners which have integrated GO4’s SDK (together with the content included therein, any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, is collectively “Software”). If you do not download the Software, you will not be able to participate in Competitions or receive relevant Services. Whether you download the Software directly or from a third party, such as via an app store, your use of the Software is subject to these Terms. We license the Software to you under Section 10.2.
10.4. Beta Releases. Beta releases of any Service offered by GO4 may contain more or fewer features than the final version of the Service, and GO4 reserves the right to alter any such Beta Services’ features, specifications, capabilities, functions, licensing terms, release dates, general availability, or other characteristics. You acknowledge that a Beta Service may not be suitable for production use and may contain errors affecting proper operation and functionality. In addition, GO4 may choose not to release a final version of a Beta Service.
10.5. Third Party Sites. Through the use of the Software, Services or Website, you may have access to third-party websites or services. It is important to note that we are not liable for any third-party websites, services or content available through such third-party services. You are responsible for all interactions and transactions with third-parties, including advertisers and game developers. It is your responsibility to comply with the terms and conditions of any third-party software, websites or services that you use.
10.6. Personal Location Data: GO4 collects both approximate and precise location data. Approximate location data is required for the GO4 app to function properly and show users available tournaments in their area. Precise location data is collected only when a user wants to check-in to a physical tournament location.
10.8. LEGAL DISCLAIMERS. We do not make any representations or warranties, express or implied, regarding the lawfulness of your use of Services or your participation in any competition offered by our partners. No person affiliated with us or claiming affiliation with us has the authority to make any such representations or warranties.
11. YOUR REPRESENTATIONS AND WARRANTIES TO US
12. YOUR INDEMNIFICATION OF US AND OUR PARTNERS
13. ACCEPTABLE USE POLICY
13.1. Conduct Rules. You are responsible for your use of the Services and Software and must conduct yourself in a lawful and respectful manner in accordance with the following rules of conduct. We and our partners reserve the right to ban users who violate these rules, or who abuse email communications, support communications, or the community purpose of any message board areas, as determined by us and our partners, at our sole discretion. We and our partners also reserve the right to disable a player’s ability to upload profile photos or edit their username at any time.
- Profanity, obscenities, or attempts to disguise such words with masking characters are not permitted.
- You may not use or upload obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening, or harassing language of any kind, as determined by us in our sole discretion.
- Impersonating other players is not allowed. Your service username will be displayed as “Your Name.”
- Do not share personal information (such as your name, phone number, home address, or password) with other users.
- Do not transmit or upload any copyrighted or trademarked materials in messages or postings.
- Information disclosed in chat rooms, message boards, gameplay dialogue, or via eMessages is public, and neither we nor our Partners are responsible for information you choose to disclose to others.
- Advanced fonts, Java, tables, HTML, or other programming codes or commands are not allowed in messages.
- You may not attempt to participate in any Service by means of automatic, macro, programmed, or similar methods.
- You may not commit fraud with regard to any Service.
- You may not attempt to impersonate or deceive another user for the purposes of obtaining cards, passwords, account information, etc. illicitly (also known as “scamming”).
You may not make any commercial use of any of the information provided on the Website or through the Services nor make any use of the Website or Services for the benefit of a business.
13.2. Your Content. You understand and acknowledge that the Service does not actively screen user-generated content or communications and that we, as well as our partners, do not endorse or take responsibility for any publicly posted content. We reserve the right to terminate your access to any public forums and to delete, move, or edit any content submitted publicly for any reason and without prior notice. You are only allowed to upload or send messages and materials related to the public forum’s subject matter, comply with applicable laws and any additional terms of service posted in the public forums. You are prohibited from uploading, distributing, or publishing any content that infringes on any person’s intellectual property rights, is defamatory, threatening, obscene, indecent, pornographic, or could result in any civil or criminal liability under U.S. or international law. Any submissions or opinions expressed by users are their own, and we reserve the right to edit or remove any information or materials submitted at our discretion. You may not use a false email address or impersonate someone else when submitting content.
13.3. Cheating, Fraud, and Abuse. Users are not allowed to use unauthorized or altered software or hardware to assist play, intentionally play poorly in certain games to achieve a competitive advantage, or collude with other players. Other forms of abuse such as deliberate transfer of money between accounts, harassment of other participants, posting objectionable material, breach of security of your account, or any other act that unfairly alters your chance of winning or constitutes the commission of fraud are also prohibited. Users who engage in such activities will be subject to immediate sanction, as determined by the website and its partners. The sanctions may include immediate termination of the user’s account, blocking of their access to the website and services, voiding and forfeiture of any winnings they may have been entitled to receive, disgorgement and/or recoupment of any winnings received by the user, and a fine of up to $1,000 for engaging in unfair methods. In addition, the website and its partners reserve the right to disclose or report any money laundering or similar illegal activity to law enforcement and regulatory authorities. The website and its partners may also seek injunctive relief, civil and/or criminal proceedings against the user and/or any of their co-conspirators, and may recover all fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.
13.4. Hacking, Tampering, or Unauthorized Access. If you attempt to gain unauthorized access to systems or another user’s account, interfere with the Services or Software, or intentionally damage or undermine them, you may face civil and/or criminal prosecution. In addition, your Account will be terminated immediately, and any Winnings you have earned will be forfeited. Please note that we are not responsible for any harm or losses that may result from hacking, tampering, or unauthorized access or use of the Services or your Account.
13.5. Restrictions. You are prohibited from using, reproducing, or distributing the Services, Software, or related products or services in any way that is not expressly authorized by these Terms. Any conduct that would damage or impair our property is strictly prohibited, including but not limited to copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us. You may not provide unauthorized means through which others may use the Services, take actions that impose an unreasonable or disproportionately large load on network infrastructure, interfere with any other party’s use and enjoyment of the Services and/or Software (including cheating) or the Website, or attempt to gain unauthorized access to third party accounts, the Services or Software.
14. PRIZES, ACCOUNT FUNDS, AND PAYMENTS
14.1. Fees. Fees and payments that you pay for Arcade Mode are stated in U.S. Dollars, must be prepaid and are non-refundable unless required by law. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals. The price of Services may change at any time, but no price change will affect your past purchases.
14.2. Billing. As agents for our partners, we may change Fees and billing procedures by updating the billing application with or without notice to you. By providing a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize us, as agent for our partners, to charge you for the Services using your payment method; and (iii) authorize us, as agent for our partners, to charge you for any paid feature of the Services or Products that you choose to purchase. As agent for our partners, we may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, at our sole discretion. You must tell us within 120 days after an error first appears on your bill for an investigation of the charge to occur promptly. After 120 days from the first appearance of the error, neither we nor our partners (i) will be liable for any losses resulting from the error and (ii) will be required to correct the error or provide a refund. If we or our partners identify a billing error, it will be corrected within 90 days. You must pay for all reasonable costs we, as agent for our partners, incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
14.4. Closing Accounts; Forfeiture of Funds. If your Account is unilaterally closed or terminated for cause as allowed in these Terms, funds in your Account may be forfeited and not returned to you.
14.5. Account Monthly Maintenance Fee. After five or more months of inactivity you will be notified by email that if your Account remains inactive for one more month, the Monthly Maintenance Fee (1,000 GO4 Gold points or $2 USD) will be deducted from your Account each consecutive month after that it remains inactive. The Monthly Maintenance Fee will not be deducted from your Account if there are no funds in your Account. However, if your Account has no funds and has been inactive for twelve or more consecutive months, your Account may be closed.
14.6. Winnings. If you are eligible to receive Prizes, in our capacity as agent for our partners, we may require that you provide proof that you are, or were at the time of your participation in the subject Competition, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide such proof to our or our partners’ reasonable satisfaction, then you will not receive the relevant Prize(s). If you receive a payment in error, we, as agent for our partners, may reverse or require return of the payment. You agree to cooperate with our efforts to do this, in our capacity as agent for our partners. We may also reduce payment to you without notice to adjust for any previous overpayment.
14.7. Credit Card/PayPal Use. When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (such as PayPal) in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Prizes or GO4 loyalty points, and pursuit of civil litigation and/or criminal prosecution.
14.8. Taxes. If you are a U.S. resident, we, as agent for our partners, may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your Prizes total $600 or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, as agent for our partners, we may withhold from your existing Account balance and/or from future Prizes any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.
15. PROPRIETARY RIGHTS
15.1. Your Content. In these terms, you give us permission to use any communication, material, content, or information you submit to us or our partners without compensation, accounting, or liability to you. This includes the right to modify, distribute, publish, perform, transmit, and display the content. However, if you use or share content in a way that violates others’ intellectual property or privacy rights, you are breaching these terms. You also represent and warrant that you have all necessary rights for the content you upload and that its use will not violate any applicable laws. If your account is canceled or terminated, we may permanently delete your content from our servers without obligation to return it to you.
15.2. Software License. We grant you a limited, nonexclusive, personal, non-transferable, non-assignable, and non-sublicensable license to install and use our software on a device that you own or control. This license is solely for the purpose of accessing and using our services, and is only valid as long as your account remains open.
You acknowledge that the license we’ve given you is for our software in object code format only. You agree not to network our software among devices, or to reverse engineer, decompile, disassemble, or otherwise attempt to access the source code of our software.
You also agree not to create derivative works based on our software, or to use it for any purpose other than accessing and using our services in accordance with these terms. You agree not to disable or circumvent any access controls or other security measures that we’ve put in place to protect our software.
You acknowledge that you have enough information about our software that you don’t need to reverse engineer it or create new products that are based on it in order to use it with other software or products.
Finally, you are responsible for any and all use of our software that occurs under your account, and you agree not to share your license or use our software on any device that you don’t own or control.
15.3. Digital Assets. Some of our Services and Software may allow you to create digital objects such as avatars, virtual badges or virtual goods. All such digital objects, including any that we assign to your account, are referred to as “Digital Assets”. You acknowledge that because all Digital Assets are created through our Services and Software, we own all Digital Assets exclusively and solely.
In the event that we do not automatically own any Digital Asset, you hereby irrevocably assign to us all rights, title, and interest in and to any such Digital Assets, including, but not limited to, copyrights, patent rights, trade secrets, trademarks, moral rights, and all other applicable proprietary and intellectual property rights worldwide.
If any rights to Digital Assets cannot be assigned to us as a matter of law, you waive enforcement of such rights against us and grant us an exclusive, irrevocable, perpetual, worldwide, royalty-free license to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Digital Assets, to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Digital Assets, and to exercise any and all other present or future rights not yet known in Digital Assets.
Subject to these terms, we grant you a limited license to use Digital Assets through your account solely for the purposes of using our Services.
15.4. Ownership. All content of the Website, all GO4 products and services, all GO4 logos, symbols, expansion names and symbols, play level symbols, trade dress or “look and feel”, all Digital Assets and those portions of the Software and Services which are property of GO4 as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of Services and/or Software does not convey or imply the right to use the Services or Software in combination with any other information or products.
In conjunction with our partners, we strive to keep Services up and running; however, all online services suffer occasional disruptions and outages, and we are not responsible or liable for any disruption or loss you may suffer as a result. You should regularly backup content that you store on the Services.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US OR OUR PARTNERS (INCLUDING WITHOUT LIMITATION DIGITAL ASSETS AND SOFTWARE) ARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES, YOUR ACCOUNT, SOFTWARE, THE WEBSITE AND/OR DIGITAL ASSETS WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE OR SYSTEM.
We are not responsible or liable for any damage, loss or injury resulting from, relating to or arising out of (1) use, access or attempted use or access of Services, Digital Assets, the Software or the Website; (2) downloading any information from the Software, Services or Website; and/or (3) violations of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any user.
Some states do not allow the disclaimer of implied warranties; as such the foregoing disclaimer may not apply to you in its entirety.
17. LIMITATIONS OF LIABILITY
21. MISCELLANEOUS: Any attempted form of participation in this Promotion other than as described herein is void. In the event of a dispute as to the identity of a Tournament Award winner, the Award will be made to the authorized account holder of the e-mail address associated with the GO4 Gold™ account screen name associated with such Tournament Award winner. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential Prize winner may be required to show proof of being the Authorized Account Holder. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor and Administrator reserve the right to disqualify any individual found, in their sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Promotion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY KIOSK OR WEBSITE OR IMPAIR THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Rules valid and enforceable. The invalidity or unenforceability of any provision of these Rules or the Promotion documents will not affect the validity or enforceability of any other provision. No Participant shall have the right to modify or amend these Rules. Paragraph headings in these Rules are provided for the reader’s convenience. A paragraph heading does not mean that the subject implied by the heading is not also addressed in other paragraphs. Sponsor’s and/or Administrator’s interpretation of these Rules is final and binding in all matters related to the Promotion. The Administrator’s and Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Tournament entries and/or materials submitted become the property of Administrator and will not be returned. In the event of any conflict with any Promotion details contained in these Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Rules shall prevail.
Sponsor Address: __________________________________________
© 2022 Replay Esports, Inc. All rights reserved worldwide. GO4 Gold is a trade mark claimed by Replay eSports, LLC.
FOR OFFICIAL USE ONLY Client ID Agreement ID Promotion ID Agent