Official Contest Rules
Acceptance of Contract Terms
LEGAL NOTICE - PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
This legal notice is an enforceable agreement between you ("You" or "you") and Newegg Inc. ("Newegg"). All participation in any games or tournaments ("Newegg Gaming Tournaments") available on this http://wanfest.newegg.com and http://wanfest.newegg.ca websites (the "Site") is subject to the terms and conditions of this legal notice (the "Terms"). By registering on the Site, downloading applicable software and materials, and participating as a contestant in any Newegg Gaming Tournaments, you acknowledge that you have read, understood, and agree, to be bound by these Terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. You also agree to be bound by the general terms and conditions for the Newegg.ca site found at http://www.newegg.com, which are fully incorporated herein by reference. If you do not agree to these Terms, do not register on this Site or participate in any of the Newegg Gaming Tournaments.
- When registering for Newegg Gaming Tournaments, You will be required to provide your name, age, address, and email address to identify you as a unique participant. You understand and agree that registration on the Site is not available to persons under the age of 13, and you expressly represent that you are not under the age of 13. You further understand and agree that you may not be eligible for winning any prizes in any Newegg Gaming Tournaments on the Site from any location outside of the United States or Canada.
- You hereby warrant and represent that all information provided on the Site registration forms is true and correct, and will fully defend, indemnify and hold harmless Newegg against all third party demands, actions, claims, or proceedings and from any and all damages, settlements, liabilities, costs, losses and expenses (including the reasonable fees and expenses of attorneys and other professionals) (collectively, "Claims") relating to or arising out of any breach of these Terms by you, or any inaccurate information that you provide to Newegg on the Site registration forms or otherwise. You agree that inaccurate or misleading information provided to Newegg by you may further lead to tournament disqualification, ineligibility for prizes, and/or termination of your participant account.
- If you are granted access to any protected areas of the Site by a password protected account, you agree to be responsible for maintaining the confidentiality of the password(s) of such account(s), and to be fully responsible for all activities that relate to the use or misuse of your password(s). You agree to notify Newegg immediately of any unauthorized use of your password(s).
- You agree that any information you provide to Newegg via Site registration or otherwise may be used by Newegg for promotional purposes. You hereby give your consent for Newegg to use, in perpetuity and world-wide, your name, voice, comments, opinions, picture, likeness and provincial or territorial address for any promotional purposes including without limitation press releases, advertisements, game results, on-line and print news media, television coverage and the like in any manner incidental to your participation in Newegg Gaming Tournaments and without compensation to you.
- Prizes to the winners of the Newegg Gaming Tournaments will only be shipped to addresses within the United States or Canada.
- All players registering for Newegg Gaming Tournaments must be 13 years of age or older at the time of tournament commencement.
- All players registering for Newegg Gaming Tournaments must be of age for each game in accordance with the ESRB rating of each respective game title.
- Prizes are non-transferable. Prizes may not be transferred, assigned, substituted or redeemed for cash except in Newegg's sole discretion. Newegg reserves the right, in its sole discretion, to substitute a prize of equal or greater monetary value or cash value for any prize.
- Prizes offered are being provided "as is" with no warranty or guarantee by Newegg, either express or implied. All warranties and/or guarantees on a prize (if any) are subject to the respective manufacturer's terms therefor, and winners agree to look solely to such manufacturer(s) for any such warranty and/or guarantee.
- A prize will be distributed within thirty (30) calendar days after the winner of such prize has been successfully contacted, has successfully completed the winner verification process required by Newegg and has fulfilled all other requirements of these Terms. A prize winner who fails to take delivery of his or her prize within thirty (30) calendar days after such prize is first deposited in the mail or delivered to a shipping company for delivery shall be disqualified and such prize shall be forfeited. If a winner is disqualified for any reason and that winner's prize is thereby forfeited, Newegg reserves the right (but is not required) to distribute his or her prize to the individual who placed second to the disqualified winner in the Newegg Gaming Tournaments in question.
- Client Software.
- You understand that participation in Newegg Gaming Tournaments requires your use of special client software (the "Client") that facilitates gaming communication, scoring and other functions. You hereby agree to download and run the Client during your participation in any Newegg Gaming Tournaments, and allow the Client to monitor Your participation or use of any third party files and programs. Additionally, you agree to upload any relevant data to the Site through the Client during tournament play.
- Grant of a Limited Use License. You are hereby granted, and by installing the Client you thereby accept, a limited, non-exclusive license and right to install the Client for your personal use on one (1) or more computers in the United States or Canada which you own or which are under your personal control. All use of the Client is subject to these Terms, which you must accept before you may participate in any Newegg Gaming Tournaments. Newegg reserves the right to change these Terms or update the Client at any time. Such changes shall be posted on the Site. Your continued participation in any Newegg Gaming Tournaments constitutes your acceptances of such updates, modifications, or changes.
- All title, ownership rights and intellectual property rights in and to the Site and Client and all copies thereof (including, but not limited to, any titles, computer code, objects, graphics, videos, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned or licensed by Newegg or its licensors. The Site and Client are protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved.
- You agree that you shall not, under any circumstances:
- Copy, sell, rent, license, perform, display, distribute reproductions or make derivative works of the Client or any component of the Site to other parties in any way not expressly authorized herein;
- Exploit the Client or the Site for any commercial purpose;
- Intercept, emulate or redirect the communication protocols used by the Site in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Client, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, unauthorized network play over the Internet or otherwise; or
- Create or maintain, under any circumstance, any unauthorized connections to the Site. All connections to the Site, whether created by the Client or otherwise, may only be made through methods and means expressly approved by Newegg. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Site's proprietary interface or interfaces other than those expressly provided by Newegg for public use.
- NEWEGG DOES NOT WARRANT THE SITE, THE CLIENT OR ANY OTHER PRODUCTS USED DURING YOUR TOURNAMENT PARTICIPATION IN ANY WAY. ALL NEWEGG GAMING TOURNAMENT SOFTWARE, THE CLIENT AND ASSOCIATED DOCUMENTAION (INCLUDING THE SITE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, CONDITION, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF YOUR PARTICIPATING IN THE NEWEGG GAMING TOURNAMENTS OR USE OF THE CLIENT OR SITE REMAINS WITH YOU.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEWEGG OR ANY OF ITS AFFILIATES, RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF ANY NEWEGG GAMING TOURNAMENT SOFTWARE, THE CLIENT, THE SITE, YOUR ACCOUNT, OR THIS AGREEMENT AND THESE TERMS, INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF NEWEGG OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF NEWEGG OR ANY OF ITS AFFILIATES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST NEWEGG OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE NEWEGG OR ANY OF ITS AFFILIATES FROM SEEKING ANY INJUNCTIVE RELIEF. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you. THIS LIMITATION OF LIABILITY SETS FORTH YOUR SOLE AND EXCLUSIVE REMEDY. SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE NEWEGG GAMING TOURNAMENTS IS TO DEINSTALL THE CLIENT AND CEASE FURTHER PARTICIPATION IN NEWEGG GAMING TOURNAMENTS.
- Cheating will not be tolerated during Newegg Gaming Tournaments. This includes, but is not limited to, the use of third party programs, editing game files, exploiting game mechanics or bugs within the game, and/or the use of non-standard game settings to obtain an advantage. Anyone found cheating will be immediately disqualified from the tournament along with their team members. Incidents recorded by the Client may also result in disqualification from present or future tournament play.
- You understand that you are fully and solely responsible for the payment of any and all taxes that may be due to any federal, state, provincial, local or other government entity based on your winning and receipt of any prizes or awards as a result of your participation in any Newegg Gaming Tournament. You further acknowledge and agree that Newegg may be required to report the value of each winner's prize to the United States Internal Revenue Service on a Form 1042-S or equivalent form, and You agree to provide Newegg with a completed Internal Revenue Service form W-8BEN in order to facilitate such reporting.
- Changes to the Agreement.
- Newegg reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of these Terms. Newegg will post notification of any changes to these Terms on the Site, and may provide other notice as Newegg solely deems necessary by postal mail, email, pop-up screen or otherwise. You agree to be bound by any such revisions and should visit this page from time to time to review the then current Terms to which you are bound. If any future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you may terminate you membership on the Site and these Terms. Your installation and use of any updated or modifications to the Client or your continued participation in any Newegg Gaming Tournament following notice of changes to these Terms as described above will mean you accept any and all such changes. NEWEGG MAY CHANGE, MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE SITE AT ANY TIME. Newegg may also impose limits on certain features or restrict your access to parts or all of the Site without notice to you. You agree that you have no interest, monetary or otherwise, in any feature or content contained on the Site.
- General Terms
- Any claim relating to participation in any Newegg Gaming Tournament, and the use of the Site and the materials contained therein is governed by the laws of the State of California in the United States, and any such claim shall be resolved, individually, and without to any form of class action, exclusively by the appropriate court located in Los Angeles County, California, U.S.A. You agree to personal jurisdiction in these courts and you agree to waive any defense of inconvenient forum.
- You may terminate your participation in any Newegg Gaming Tournament and access to the Site at any time. Newegg may suspend or discontinue providing your access to any Newegg Gaming Tournament and the Site with or without cause and without notice. Newegg may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
- Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Site by Newegg. Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed in the Site; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on the Site.
- The failure of Newegg to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
- You may not assign your rights or delegate your duties under these Terms, or transfer your possession of the Client to anyone.
- These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety.
- If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for the Site will in any event remain valid and enforceable.
- All paragraph headings in these Terms are for convenience and are to be given no legal effect.
- Sections 1.1, 1.2, 1.4, 2.3, 2.4, 2.5, 2.6, 3 and 4 shall survive any expiration or termination of these Terms.