MARIO MAKER MONDAYS OFFICIAL TOURNAMENT GAMEPLAY RULES
These are the Mario Maker Monday gameplay rules (“Tournament Rules”) governing the Tournament, provided by [Caleb "Iateyourpie" Bloomer] (“Tournament Organizer”), and as sponsored by Twitch Interactive, Inc. (“Tournament Entities”). Capitalized terms used in these Tournament Rules shall have the same meaning as set forth in the Official Rules, and, for the purposes hereof, the term “Player” means and refers to Level Creators and Racers collectively. The Tournament will be conducted according to the Tournament Rules stated below.
A. General Tournament Rules Match Settings and Procedures
1. Game Settings
Platform: Nintendo Wii U
Game: Super Mario Maker
Internet Connection Needed: Yes
Nintendo ID required
Twitch ID and stream required
Local recording of gameplay required
2. Registration
a. Racers
All participants in the Mario Maker Monday’s racing portion of the contest will be required to have both a Nintendo ID, as well as an account set up on MakersOfMario.com (hereafter, “MoM”). The following will be required when making an account on MoM.
Racers must meet the following requirements, but not directly on registration at MakersofMario.com:
B. Level Creators
All participants in the Level Design portion of Mario Maker Monday’s contest will be required to create and submit a minimum of four (4) Super Mario Maker Levels. All submissions will be made through the Streambig.net level designer form. These levels must be submitted 12:01am EDT Saturday, July 30th, 2016. From these submissions, up to 16 level designers will be selected by Streambig.net and MakersofMario.com staff. Those selected will be randomly split into teams of two, called “Team A” and “Team B,” where each team will be expected to create levels for the weekly races on a bi-weekly basis. Level Creators will NOT be allowed to participate in the weekly races.
3. Level Creator Contest Guidelines
Once chosen to be on the Level Creator team and eligible for the prize, the process of levels being selected for the Grand Prize will be as follows
- There will be two teams or groups of level creators for the Mario Maker Monday Season. Team A and Team B
- Schedule for level rotation will be as follows
Week 1 (08/08/16): Team A
Week 2 (08/15/16): Team B
Week 3 (08/22/16): Team A
Week 4 (08/29/16): Team B
Online Playoffs (09/11/16 & 09/12/16): Team A + Team B
During each week from weeks 1 – 4, one level will be selected as the weekly winner. These winners will be voted on by the those participating in the racing portion of Mario Maker Mondays. Each week racers will have one vote which they will submit through a Form and include their Twitch Username + email. Whichever level designer gets the most votes for their level that week, will move on to the Finals of the Level Design Competition. Once designers have qualified for the finals, the rest of their levels will not be eligible to be voted on, as there will only be one finalist submission per designer. Designers will still required to submit levels on weeks they are scheduled for. If a Streambig.net or MakersofMario.com staff member is participating as a racer, they are not allowed to vote.
At the end of the four (4) week seasons, the four (4) level finalists will be then be re-voted on by the racers. Each racer will have one vote for the finals, and will submit using the same type of form using their Twitch Username + Email. Level votes will be counted all the way to the start of the Mario Maker Monday Playoffs, at which point voting will close. The level with the most votes will be deemed the winner. If there is a tie in votes, Caleb "iateyourpie" Bloomer will decide on the winner. Members of MakersofMario.com will not be allowed to vote on levels due to conflicting interests.
4. Racer Contest Guidelines + Qualifications
a. Weekly Season Races
As stated earlier, all racers will be required to make an account on MakersofMario.com. Racers will be required to have registered for Mario Maker Mondays before week 1 starts. Registration will close 12:01 am EDT Sunday, August 8th, 2016. Once registered, a racer may skip a race but will get 0 points for that week. Racers participating are required to have a Twitch account created prior to registration ending.
The Racing portion of Mario Maker Mondays will consist of a four (4) week regular season followed by an Online Single Elimination Tournament with 16 participants. The finals will be hosted at TwitchCon. During the four (4) week regular season, racers will participate to earn points based on placement in each weekly race. Points for each weekly race will be awarded as follows:
Standing
Points Awarded
1st -16 points
2nd - 15 points
3rd - 14 points
4th - 13 points
5th - 12 points
6th - 11points
7th - 10 points
8th - 9 points
9th - 8 points
10th - 7 points
11th - 6 points
12th - 5 points
13th - 4 points
14th - 3 points
15th - 2 points
16th - 1 point
To participate in regular season races you must stream to your twitch.tv channel and local record your gameplay only, and follow these steps each week:
Some racers will be put into a 2nd group that is for restreaming purposes. These racers times will be recorded later, and will be compared to all racers. Top 16 times will receive points as listed above. Points are cumulative over the four week regular season
At the end of the Four Week Season, the top 16 in points will qualify for the seeded 16 participant online tournament. Seeding will be based on total points earned. Standings for each week will be posted streambig.net. In the event of a tie in points, tie breakers will be as follows:
b. Playoffs
Playoffs will take place on Sunday September 11, and Monday September 12, 2016.
Racers will be expected to be available for the playoffs, if players are unavailable for the playoffs, they will be removed from the tournament, and that spot will become a bye or replaced by a racer with the next most amount of points based on the discretion of the organizer. Sunday will take the field from 16 to top 8 in “best of 1” matches at 9:00 PM EDT. Racers will be required to check in an hour before the playoffs begin. Monday will feature best of three Quarterfinal and Semifinal matches to determine the two finalists. Start time is 9:00 PM EDT.
Grand Finals will take place at Twitch Con during on Saturday October 1, 2016. Grand Finals will be best of 5.
5. Restream
Racers signing up for the Mario Makers Mondays will be eligible to be restreamed on twitch.tv/iateyourpie. These racers will be chosen at the discretion of Caleb "iateyourpie" Bloomer. All racers that are restreamed will be required to stream with no webcam and no microphone for layout purposes. Streams will be selected by Caleb "iateyourpie" Bloomer at least a few hours before the races begin, and streamers will be notified as such.
6. Cheating
All forms of cheating will absolutely not be tolerated, and will result in immediate disqualification from Mario Maker Mondays. The following is a non-exhaustive list of actions deemed as cheating:
Completion – These are the guards that we have against cheating
7. Prizes
Mario Maker Mondays will award three (3) Trips to Twitch Con 2016 in San Diego, CA on the dates Friday, September 30th, 2016 – Sunday, October 2nd, 2016. A trip includes airfare, hotel, and daily food allowance of $75 per day. One trip awarded to the Level Design Winner, and one trip awarded to each of the two finalists in the Mario Maker Mondays Playoff. Each prize awarded to a Winner shall be collectively referred to as a “Prize” or “Prizes”. The Prizes will be awarded directly by Twitch, subject to Twitch’s receipt of satisfactory documentation (described below) to enable payment.
9. General Prize Restrictions
A Player may qualify only for one prize. Level creators will be unable to participate in the racing portion, and racers will be unable to create levels for Mario Maker Mondays.Winners shall be required to execute an Affidavit of Eligibility, Liability/Publicity Release and any required payment information and tax forms (“Winner Forms”) in order to receive payment. Within thirty (30) days of receiving an executed copy of the Winner Forms, Twitch shall deliver to Winner the applicable Prize(s). Failure to take delivery of any Prize may result in forfeiture, and such prize awarded to an alternate Winner. Prizes may not be transferred or assigned until after a Winner has complied with all his or her obligations under these Official Rules. No substitutions may be made for Prize(s), except by Twitch, who reserves the right to substitute a Prize in whole or in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by Twitch in its sole discretion. By participating in Mario Maker Mondays, Winner acknowledges that Mario Maker Mondays Entities have not and will not obtain or provide insurance of any kind relating to the Prizes. Winner will be responsible for all taxes (including but not limited to federal, state, local and/or income) on any Prize won and on the value of any items or value transferred to the Player by Twitch, and will be required to provide his/her Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information for tax reporting purposes (at a time to be determined in Twitchʼs sole discretion, and which may be prior to participation is a particular round or prior to receipt of any Prize by Player). Twitch will file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any Prize or other items of value transferred to the Player by Twitch in accordance with IRS requirements, and Twitch may also share such documentation with a state or local government agency as required by law. Refusal or failure of a Winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by Twitch in its sole discretion, will result in the Winner forfeiting the Prize(s) and an alternate Winner being selected in accordance with these Official Rules. Twitch will award Prizes subject to any applicable withholding taxes, and the amount of the Prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the Prize. Winners who do not claim the Prize, or satisfy the information or documentation requirements within 1 month of the close of the Tournament or such earlier time as designated by Twitch, are void, and the Tournament Organizers shall have no further liability or responsibility to such Player(s) in connection with the Prizes.
10. Player Releases
By participating in a Tournament, Player thereby grants to the Tournament Organizer permission to record, videotape and photograph and otherwise use the Player’s voice, name (including Player name, username, avatar, gamertag or equivalent), image, likeness and to use such recordings, images and information, as well as Player’s biographical information (“Player Information”), for all purposes in connection with the Tournament, including, without limitation, recording and exhibiting Tournament gameplay, presenting and/or otherwise displaying Tournament results on the Tournament website, Twitch.tv, and other online and offline destinations; recording, tabulating, presenting and/or otherwise displaying gameplay information pertaining to Player and Player’s performance. All Player Information, including images, audio recordings, databases of information, bracket information, etc., made in connection with the Tournament will be owned by Tournament Organizer, which it may use, license, transfer or assign, including to SEMC, in its sole discretion. Player grants to Tournament Organizer and each of its designees including the Tournament Entities, the right to use, edit, adapt, post, stream, copy, display, perform, transmit, broadcast, and otherwise exploit Player Images and the Player Information, including any names, likenesses, voice, conversation, biography and any other attributes of Playerʼs personality and appearance, individually or with others, in whole or in part, alone or in conjunction with other material, in any and all media now known or hereafter devised, in perpetuity (except for residents of France, which will expire within 5 years from date of participation) throughout the world, for the purpose of trade, advertising, promotion or any other lawful purpose whatsoever, without additional compensation, consideration, notification or permission, except where prohibited by law.
11. Consent to Participate
By participating in the Tournament, Player fully and unconditionally agrees to and accepts these Official Rules (including the Tournament Rules, which are the rules of gameplay for the Tournament itself), which are final and binding in all matters related to the Tournament. Receipt of any Prize is contingent upon Playerʼs compliance with all of these Official Rules and satisfactory completion of any and all documentation necessary to effectuate payment (including tax forms or equivalent, as required by law). VOID WHERE PROHIBITED.
12. Code of Conduct
All Players are expected to maintain respect for one another and for all Tournament staff, including Tournament Organizer and Tournament Entities, their staff, agents and representatives, and spectators. Any Player behaving inappropriately, or not competing in compliance with these Official Rules (including the Tournament Rules), may be immediately disqualified from the Tournament and forfeit all potential Prizes. Inappropriate behavior includes, but is not limited to, the following:
Players agree to be bound by the decisions of the Tournament Organizers, which shall be final and binding in all respects. The Tournament Organizers reserve the right, at their sole discretion, to disqualify any individual it finds to be tampering with the type, process, or operation of the Tournament, or to be acting in violation of these Official Rules. Further, the Tournament Organizers reserve the right, at their sole discretion, to ban infringing Players from any future tournament event organized by Tournament Organizers, if deemed necessary.
CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE ANY WEBSITE OR EQUIPMENT, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF A TOURNAMENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE TOURNAMENT ORGANIZER RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES AVAILABLE TO IT TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Limitations of Liability
TOURNAMENT ORGANIZER AND TOURNAMENT ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE VIDEOGAME SOFTWARE, EQUIPMENT, OPERATION OF THE TOURNAMENT, OR PRIZING, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND THEIR EQUIVALENTS, UNDER THE LAWS OF ANY JURISDICTION.
Tournament Organizer and Tournament Entities shall not be responsible for any of the following:
BY ENTERING AND PARTICIPATING IN A TOURNAMENT, PLAYER AGREES TO INDEMNIFY, DEFEND, RELEASE AND HOLD HARMLESS TOURNAMENT ORGANIZER AND TOURNAMENT ENTITIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, EXPENSES, COSTS (INCLUDING REASONABLE ATTORNEYSʼ FEES) AND LIABILITIES (INCLUDING SETTLEMENTS) FOR ANY INJURIES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, OR LOSS OR DAMAGE OF ANY KIND, ARISING FROM OR IN CONNECTION WITH THE TOURNAMENT, ATTENDANCE AT ANY TOURNAMENT, TOURNAMENT EVENT OR ACTIVITY, ANY PRIZE, OR ANY OTHER MATTER OR ACTIVITY DIRECTLY OR INDIRECTLY RELATED TO THE TOURNAMENT, INCLUDING BUT NOT LIMITED TO LIBEL, SLANDER, DISPARAGEMENT, DEFAMATION, COPYRIGHT INFRINGEMENT, INVASION OF PRIVACY, OR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. THIS OBLIGATION SHALL CONTINUE BEYOND THE TERM OF THE TOURNAMENT.
14 Disputes
These Official Rules are governed by the state and federal laws that apply to the State of California, United States of America. Except as otherwise provided herein, Any legal suit, action or proceeding arising out of or relating to these Official Rules, the operation of the Tournament or otherwise, will be resolved by litigation in the courts located within the CIty and County of San Francisco in the State of California, United States of America. You, as a Player, hereby consent to the exclusive jurisdiction of and venue of such courts, will accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them. Any dispute or claim relating in any way to this Tournament Participation Terms, the Vainglory Summer Season that arises between Player and the Tournament Entities (“Parties”) will be resolved by binding arbitration as described in this paragraph, rather than in court, in the City and County of San Francisco, California, except that (a) Player may assert claims in a small claims court if your claims qualify, and (b) either Party may bring suit by submitting to the courts in the aforementioned jurisdiction and waiving such Party’s respective rights to any other jurisdiction to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. For Player to begin an arbitration proceeding, Player must send a letter requesting arbitration and describing the claim to Twitch’s registered agent, Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento CA 95833. Arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. Twitch will reimburse those fees for claims totalling less than $10,000 unless the arbiter determines the claims are frivolous. Likewise, Twitch will not seek attorneys’ fees and costs from Player in arbitration unless the arbitrator determines the claims are frivolous. Player may choose to have the arbitration conducted by telephone, based on submissions, or in person in the county in which Player is located, or the agreed upon jurisdiction described above. The Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the Parties each waive any right to a jury trial.
These are the Mario Maker Monday gameplay rules (“Tournament Rules”) governing the Tournament, provided by [Caleb "Iateyourpie" Bloomer] (“Tournament Organizer”), and as sponsored by Twitch Interactive, Inc. (“Tournament Entities”). Capitalized terms used in these Tournament Rules shall have the same meaning as set forth in the Official Rules, and, for the purposes hereof, the term “Player” means and refers to Level Creators and Racers collectively. The Tournament will be conducted according to the Tournament Rules stated below.
A. General Tournament Rules Match Settings and Procedures
1. Game Settings
Platform: Nintendo Wii U
Game: Super Mario Maker
Internet Connection Needed: Yes
Nintendo ID required
Twitch ID and stream required
Local recording of gameplay required
2. Registration
a. Racers
All participants in the Mario Maker Monday’s racing portion of the contest will be required to have both a Nintendo ID, as well as an account set up on MakersOfMario.com (hereafter, “MoM”). The following will be required when making an account on MoM.
- Full Name
- Email address
Racers must meet the following requirements, but not directly on registration at MakersofMario.com:
- At least 18 years of Age
- Live in North America (United States, Canada)
- Have an account on twitch.tv
- Have a Nintendo ID account
B. Level Creators
All participants in the Level Design portion of Mario Maker Monday’s contest will be required to create and submit a minimum of four (4) Super Mario Maker Levels. All submissions will be made through the Streambig.net level designer form. These levels must be submitted 12:01am EDT Saturday, July 30th, 2016. From these submissions, up to 16 level designers will be selected by Streambig.net and MakersofMario.com staff. Those selected will be randomly split into teams of two, called “Team A” and “Team B,” where each team will be expected to create levels for the weekly races on a bi-weekly basis. Level Creators will NOT be allowed to participate in the weekly races.
3. Level Creator Contest Guidelines
Once chosen to be on the Level Creator team and eligible for the prize, the process of levels being selected for the Grand Prize will be as follows
- There will be two teams or groups of level creators for the Mario Maker Monday Season. Team A and Team B
- Schedule for level rotation will be as follows
Week 1 (08/08/16): Team A
Week 2 (08/15/16): Team B
Week 3 (08/22/16): Team A
Week 4 (08/29/16): Team B
Online Playoffs (09/11/16 & 09/12/16): Team A + Team B
During each week from weeks 1 – 4, one level will be selected as the weekly winner. These winners will be voted on by the those participating in the racing portion of Mario Maker Mondays. Each week racers will have one vote which they will submit through a Form and include their Twitch Username + email. Whichever level designer gets the most votes for their level that week, will move on to the Finals of the Level Design Competition. Once designers have qualified for the finals, the rest of their levels will not be eligible to be voted on, as there will only be one finalist submission per designer. Designers will still required to submit levels on weeks they are scheduled for. If a Streambig.net or MakersofMario.com staff member is participating as a racer, they are not allowed to vote.
At the end of the four (4) week seasons, the four (4) level finalists will be then be re-voted on by the racers. Each racer will have one vote for the finals, and will submit using the same type of form using their Twitch Username + Email. Level votes will be counted all the way to the start of the Mario Maker Monday Playoffs, at which point voting will close. The level with the most votes will be deemed the winner. If there is a tie in votes, Caleb "iateyourpie" Bloomer will decide on the winner. Members of MakersofMario.com will not be allowed to vote on levels due to conflicting interests.
4. Racer Contest Guidelines + Qualifications
a. Weekly Season Races
As stated earlier, all racers will be required to make an account on MakersofMario.com. Racers will be required to have registered for Mario Maker Mondays before week 1 starts. Registration will close 12:01 am EDT Sunday, August 8th, 2016. Once registered, a racer may skip a race but will get 0 points for that week. Racers participating are required to have a Twitch account created prior to registration ending.
The Racing portion of Mario Maker Mondays will consist of a four (4) week regular season followed by an Online Single Elimination Tournament with 16 participants. The finals will be hosted at TwitchCon. During the four (4) week regular season, racers will participate to earn points based on placement in each weekly race. Points for each weekly race will be awarded as follows:
Standing
Points Awarded
1st -16 points
2nd - 15 points
3rd - 14 points
4th - 13 points
5th - 12 points
6th - 11points
7th - 10 points
8th - 9 points
9th - 8 points
10th - 7 points
11th - 6 points
12th - 5 points
13th - 4 points
14th - 3 points
15th - 2 points
16th - 1 point
To participate in regular season races you must stream to your twitch.tv channel and local record your gameplay only, and follow these steps each week:
- Login to MoM
- Click on the "races" link under "menu"
- Select Mario Maker Monday's weekly and click "join" and then;
- The first level will be automatically downloaded to your wiiU
- The organizer will start the race at the specified time and you will see a countdown on MoM, when it reaches zero (0) you may begin playing.
- After completing each level click "next" on MoM and the next level will be automatically downloaded to your wiiU.
- After completing the final level click “completed” and you are finished with the race.
Some racers will be put into a 2nd group that is for restreaming purposes. These racers times will be recorded later, and will be compared to all racers. Top 16 times will receive points as listed above. Points are cumulative over the four week regular season
At the end of the Four Week Season, the top 16 in points will qualify for the seeded 16 participant online tournament. Seeding will be based on total points earned. Standings for each week will be posted streambig.net. In the event of a tie in points, tie breakers will be as follows:
- Racer who has less races wins tiebreaker, if still tie then…
- Racer with highest placing in weekly race wins tie breaker, if still tie then…
- Racer w/ the fastest time in a weekly race wins the tie break, if still tie then…
- Racer w/the fastest cumulative time of all races.
- Coin Flip
b. Playoffs
Playoffs will take place on Sunday September 11, and Monday September 12, 2016.
Racers will be expected to be available for the playoffs, if players are unavailable for the playoffs, they will be removed from the tournament, and that spot will become a bye or replaced by a racer with the next most amount of points based on the discretion of the organizer. Sunday will take the field from 16 to top 8 in “best of 1” matches at 9:00 PM EDT. Racers will be required to check in an hour before the playoffs begin. Monday will feature best of three Quarterfinal and Semifinal matches to determine the two finalists. Start time is 9:00 PM EDT.
Grand Finals will take place at Twitch Con during on Saturday October 1, 2016. Grand Finals will be best of 5.
5. Restream
Racers signing up for the Mario Makers Mondays will be eligible to be restreamed on twitch.tv/iateyourpie. These racers will be chosen at the discretion of Caleb "iateyourpie" Bloomer. All racers that are restreamed will be required to stream with no webcam and no microphone for layout purposes. Streams will be selected by Caleb "iateyourpie" Bloomer at least a few hours before the races begin, and streamers will be notified as such.
6. Cheating
All forms of cheating will absolutely not be tolerated, and will result in immediate disqualification from Mario Maker Mondays. The following is a non-exhaustive list of actions deemed as cheating:
- Playing through, or looking at the levels before the weekly playlist is public
- Any form of discussion group voting for level design is strictly prohibited. Your votes should be completely confidential.
Completion – These are the guards that we have against cheating
- All racers will be required to stream on Twitch and have Twitch VODs enabled, any racer that has a questionable race time will be double checked through their Twitch VOD.
- All racers must have a local recording of their gameplay to verify if their stream dropped for any significant amount of time.
- MakersofMario.com have built in tracking of when levels are completed, can go back and review completion times to ensure they line up with Twitch VODs
7. Prizes
Mario Maker Mondays will award three (3) Trips to Twitch Con 2016 in San Diego, CA on the dates Friday, September 30th, 2016 – Sunday, October 2nd, 2016. A trip includes airfare, hotel, and daily food allowance of $75 per day. One trip awarded to the Level Design Winner, and one trip awarded to each of the two finalists in the Mario Maker Mondays Playoff. Each prize awarded to a Winner shall be collectively referred to as a “Prize” or “Prizes”. The Prizes will be awarded directly by Twitch, subject to Twitch’s receipt of satisfactory documentation (described below) to enable payment.
9. General Prize Restrictions
A Player may qualify only for one prize. Level creators will be unable to participate in the racing portion, and racers will be unable to create levels for Mario Maker Mondays.Winners shall be required to execute an Affidavit of Eligibility, Liability/Publicity Release and any required payment information and tax forms (“Winner Forms”) in order to receive payment. Within thirty (30) days of receiving an executed copy of the Winner Forms, Twitch shall deliver to Winner the applicable Prize(s). Failure to take delivery of any Prize may result in forfeiture, and such prize awarded to an alternate Winner. Prizes may not be transferred or assigned until after a Winner has complied with all his or her obligations under these Official Rules. No substitutions may be made for Prize(s), except by Twitch, who reserves the right to substitute a Prize in whole or in part with another prize of comparable or greater value if the intended prize is not available for any reason as determined by Twitch in its sole discretion. By participating in Mario Maker Mondays, Winner acknowledges that Mario Maker Mondays Entities have not and will not obtain or provide insurance of any kind relating to the Prizes. Winner will be responsible for all taxes (including but not limited to federal, state, local and/or income) on any Prize won and on the value of any items or value transferred to the Player by Twitch, and will be required to provide his/her Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information for tax reporting purposes (at a time to be determined in Twitchʼs sole discretion, and which may be prior to participation is a particular round or prior to receipt of any Prize by Player). Twitch will file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any Prize or other items of value transferred to the Player by Twitch in accordance with IRS requirements, and Twitch may also share such documentation with a state or local government agency as required by law. Refusal or failure of a Winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by Twitch in its sole discretion, will result in the Winner forfeiting the Prize(s) and an alternate Winner being selected in accordance with these Official Rules. Twitch will award Prizes subject to any applicable withholding taxes, and the amount of the Prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the Prize. Winners who do not claim the Prize, or satisfy the information or documentation requirements within 1 month of the close of the Tournament or such earlier time as designated by Twitch, are void, and the Tournament Organizers shall have no further liability or responsibility to such Player(s) in connection with the Prizes.
10. Player Releases
By participating in a Tournament, Player thereby grants to the Tournament Organizer permission to record, videotape and photograph and otherwise use the Player’s voice, name (including Player name, username, avatar, gamertag or equivalent), image, likeness and to use such recordings, images and information, as well as Player’s biographical information (“Player Information”), for all purposes in connection with the Tournament, including, without limitation, recording and exhibiting Tournament gameplay, presenting and/or otherwise displaying Tournament results on the Tournament website, Twitch.tv, and other online and offline destinations; recording, tabulating, presenting and/or otherwise displaying gameplay information pertaining to Player and Player’s performance. All Player Information, including images, audio recordings, databases of information, bracket information, etc., made in connection with the Tournament will be owned by Tournament Organizer, which it may use, license, transfer or assign, including to SEMC, in its sole discretion. Player grants to Tournament Organizer and each of its designees including the Tournament Entities, the right to use, edit, adapt, post, stream, copy, display, perform, transmit, broadcast, and otherwise exploit Player Images and the Player Information, including any names, likenesses, voice, conversation, biography and any other attributes of Playerʼs personality and appearance, individually or with others, in whole or in part, alone or in conjunction with other material, in any and all media now known or hereafter devised, in perpetuity (except for residents of France, which will expire within 5 years from date of participation) throughout the world, for the purpose of trade, advertising, promotion or any other lawful purpose whatsoever, without additional compensation, consideration, notification or permission, except where prohibited by law.
11. Consent to Participate
By participating in the Tournament, Player fully and unconditionally agrees to and accepts these Official Rules (including the Tournament Rules, which are the rules of gameplay for the Tournament itself), which are final and binding in all matters related to the Tournament. Receipt of any Prize is contingent upon Playerʼs compliance with all of these Official Rules and satisfactory completion of any and all documentation necessary to effectuate payment (including tax forms or equivalent, as required by law). VOID WHERE PROHIBITED.
12. Code of Conduct
All Players are expected to maintain respect for one another and for all Tournament staff, including Tournament Organizer and Tournament Entities, their staff, agents and representatives, and spectators. Any Player behaving inappropriately, or not competing in compliance with these Official Rules (including the Tournament Rules), may be immediately disqualified from the Tournament and forfeit all potential Prizes. Inappropriate behavior includes, but is not limited to, the following:
- Swearing, screaming or threats
- Harassment
- Violence
- Collusion
- Cheating of any sort through any means
- Intentionally delaying or slowing gameplay
- Any other known or unknown manner of tampering with gameplay
- Offensive, vulgar or obscene usernames, avatars or Team names
- Any other type of conduct deemed inappropriate at Twitch’s sole discretion
Players agree to be bound by the decisions of the Tournament Organizers, which shall be final and binding in all respects. The Tournament Organizers reserve the right, at their sole discretion, to disqualify any individual it finds to be tampering with the type, process, or operation of the Tournament, or to be acting in violation of these Official Rules. Further, the Tournament Organizers reserve the right, at their sole discretion, to ban infringing Players from any future tournament event organized by Tournament Organizers, if deemed necessary.
CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE ANY WEBSITE OR EQUIPMENT, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF A TOURNAMENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE TOURNAMENT ORGANIZER RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES AVAILABLE TO IT TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Limitations of Liability
TOURNAMENT ORGANIZER AND TOURNAMENT ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE VIDEOGAME SOFTWARE, EQUIPMENT, OPERATION OF THE TOURNAMENT, OR PRIZING, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND THEIR EQUIVALENTS, UNDER THE LAWS OF ANY JURISDICTION.
Tournament Organizer and Tournament Entities shall not be responsible for any of the following:
- (i) incorrect or inaccurate information whether caused by users or by any of the equipment or programming associated with or utilized in a Tournament or by any technical or human error which may occur in the processing of a Playerʼs registration or gameplay;
- (ii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access which may result in alteration of gameplay or game results;
- (iii) any problems or technical malfunction of any network or lines, servers or providers, equipment, or software, including any injury or damage to Player resulting from participation in a Tournament;
- (iv) injuries or losses to Playerʼs person or property arising or resulting from participation in a Tournament;
- (v) any acts or omissions by Tournament Entities or their employees, whether negligent or willful, in the conduct of the Tournament;
- (vi) any equipment or software malfunction; or
- (vii) the inability to complete a Game due to any technical malfunction.
BY ENTERING AND PARTICIPATING IN A TOURNAMENT, PLAYER AGREES TO INDEMNIFY, DEFEND, RELEASE AND HOLD HARMLESS TOURNAMENT ORGANIZER AND TOURNAMENT ENTITIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, EXPENSES, COSTS (INCLUDING REASONABLE ATTORNEYSʼ FEES) AND LIABILITIES (INCLUDING SETTLEMENTS) FOR ANY INJURIES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, OR LOSS OR DAMAGE OF ANY KIND, ARISING FROM OR IN CONNECTION WITH THE TOURNAMENT, ATTENDANCE AT ANY TOURNAMENT, TOURNAMENT EVENT OR ACTIVITY, ANY PRIZE, OR ANY OTHER MATTER OR ACTIVITY DIRECTLY OR INDIRECTLY RELATED TO THE TOURNAMENT, INCLUDING BUT NOT LIMITED TO LIBEL, SLANDER, DISPARAGEMENT, DEFAMATION, COPYRIGHT INFRINGEMENT, INVASION OF PRIVACY, OR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. THIS OBLIGATION SHALL CONTINUE BEYOND THE TERM OF THE TOURNAMENT.
14 Disputes
These Official Rules are governed by the state and federal laws that apply to the State of California, United States of America. Except as otherwise provided herein, Any legal suit, action or proceeding arising out of or relating to these Official Rules, the operation of the Tournament or otherwise, will be resolved by litigation in the courts located within the CIty and County of San Francisco in the State of California, United States of America. You, as a Player, hereby consent to the exclusive jurisdiction of and venue of such courts, will accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them. Any dispute or claim relating in any way to this Tournament Participation Terms, the Vainglory Summer Season that arises between Player and the Tournament Entities (“Parties”) will be resolved by binding arbitration as described in this paragraph, rather than in court, in the City and County of San Francisco, California, except that (a) Player may assert claims in a small claims court if your claims qualify, and (b) either Party may bring suit by submitting to the courts in the aforementioned jurisdiction and waiving such Party’s respective rights to any other jurisdiction to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. For Player to begin an arbitration proceeding, Player must send a letter requesting arbitration and describing the claim to Twitch’s registered agent, Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento CA 95833. Arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. Twitch will reimburse those fees for claims totalling less than $10,000 unless the arbiter determines the claims are frivolous. Likewise, Twitch will not seek attorneys’ fees and costs from Player in arbitration unless the arbitrator determines the claims are frivolous. Player may choose to have the arbitration conducted by telephone, based on submissions, or in person in the county in which Player is located, or the agreed upon jurisdiction described above. The Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the Parties each waive any right to a jury trial.