Welcome to the G FUEL ENERGY GAMES (the “Tournament”)! These Terms of Participation (these “Terms”) govern your entry and participation in the Tournament.
PLEASE READ ALL THE TERMS AND CONDITIONS IN THESE TERMS CAREFULLY BEFORE ENTERING THE TOURNAMENT OR PARTICIPATING IN THE TOURNAMENT. YOUR ENTRY OR PARTICIPATION IN THE TOURNAMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, WHICH TAKES EFFECT IMMEDIATELY UPON ENTRY OR PARTICIPATION (AS APPLICABLE). IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU SHOULD NOT, AND YOU MAY BE REFUSED THE RIGHT TO, ENTER OR PARTICIPATE IN THE TOURNAMENT.
You agree to enter into these Terms with G Fuel, LLC (“G Fuel”, “we” or “us”), as the sponsor of the Tournament, with the understanding that these Terms will be relied upon by G Fuel in connection with your eligibility for entry into, and participation in, the Tournament and, to the extent applicable, your interest in accepting and using the prize(s) in connection with or related to the Tournament. You consent to your entry into, and participation in, the Tournament and, to the extent applicable, your acceptance and use of the prize(s) in connection with or related to the Tournament. [The Official Rules posted to https://gfuel.com/pages/energy-games (the “Official Rules”), are incorporated into these Terms by reference thereto.]
In connection with your entry for the Tournament, you will create a team on a G Fuel web page or a third-party web site designated by G Fuel. Your username, team name, display name, label, image, scores, rankings, ratings or other identifying name or mark (each, a “User Identifier”) may be seen by third parties, including other users. You must abide by the following guidelines, as well as the rules of common decency.
You may not use any User Identifier:
- Belonging to another individual or entity with the intent to impersonate that individual or entity, whether actual or fictitious, including impersonating any G Fuel employee or any other community user;
- That incorporates vulgar language or imagery or which is otherwise offensive, defamatory, libelous, obscene, hateful, or racially, ethnically or otherwise objectionable;
- That belongs to a popular culture figure, celebrity or media personality;
- That is, contains, or is substantially similar to a trademark or service mark, whether registered or not, or may otherwise cause confusion;
- Belonging to any religious figure or deity;
- Related to drugs, sex, alcohol, or criminal activity; or
- Is substantially similar to, or otherwise contains or duplicates any copyrighted work or component of a copyrighted work (including comics, anime, movies or other video games, or any characters appearing in any of the foregoing).
If G Fuel, in G Fuel’s sole discretion, finds that a User Identifier for any type of account, including an individual user account or a team account, to be offensive, indecent or improper, or believes that a User Identifier is or may be illegal or in breach of these Terms, G Fuel may, in G Fuel’s sole discretion, refuse to grant you the User Identifier, change the User Identifier, remove the User Identifier, or suspend or terminate your, your team’s or your team captain’s participation in the Tournament.
Representations and Warranties
In order to induce G Fuel to permit you to enter and participate in the Tournament, you hereby represent, warrant, covenant and agree that (1) you are currently, and were at the time of the sign-up for the Tournament: (a) a legal United States resident (and not a resident of Rhode Island, Puerto Rico or any jurisdiction in which your entering the Tournament would be prohibited by law; (b) a United States taxpayer; and (c) at least 18 years of age; and (2) you will not, and you will not, directly or indirectly, permit anyone else to:
- Violate any term or condition of these Terms (for the avoidance of doubt, including the Official Rules);
- Violate any applicable law, regulation, rule or contract;
- Act or omit to act in connection with the Tournament for any unlawful purpose;
- Lie or falsely identify your age;
- Create, distribute or use any third party software, including “mods,” cheats, addons or hacks, designed to change or manipulate the Tournament;
- Misrepresent yourself in any way;
- Make any false, misleading, or inaccurate statements to any Tournament officials or representatives;
- Perpetrate any fraud or tamper with the participation or performance of the Tournament;
- Use language that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, unlawful, or invasive of another’s privacy;
- Commit any actions considered to be unethical;
- Impersonate any person or entity, including any representative of G Fuel;
- Stalk or otherwise harass another participant; or
- Harvest or collect information about Tournament participants, visitors, users or account holders without their express prior written consent.
Without limiting the foregoing, you further represent, warrant, covenant and agree that (i) you are not, and no member of your immediate family or household is, an employee or agent of G Fuel (or any of its affiliates, subsidiaries or divisions) or of any agent of G Fuel (or any of their respective affiliates, subsidiaries or divisions) or any affiliate, parent organization, subsidiary, division, trade partner, advertising or promotion agency or associated marketing firm or any other vendor of any such agent); and (ii) you have read these Terms in its entirety and that you fully understand all of the terms and their significance contained in these Terms.
Each team captain represents, warrants, covenants and agrees that each member of such team captain’s team will comply with all of the representations, warranties, terms and conditions of these Terms.
G Fuel and G Fuel’s representatives expressly reserve the right, in G Fuel’s sole discretion, to permanently suspend or terminate your account, team, entry or participation in or related to the Tournament, and your access to the G Fuel servers and games, or to disqualify you (or your team) from receiving any prize(s) offered by the Tournament, if G Fuel, in G Fuel’s sole discretion, suspects that you (or any member of your team) have violated any representation, warranty, covenant, term or condition of these Terms.
You expressly acknowledge that your entry and participation in the Tournament and, to the extent applicable, your interest in accepting and using the prize(s) in connection with or related to the Tournament, is “as is” and without any warranty of any kind, expressed or implied. Without limiting the foregoing, you acknowledge and agree that G Fuel does not and will not guarantee that the Tournament will be uninterrupted. You will not hold G Fuel liable for any interruption of the Tournament at any point.
Release of Liability for Participation, Publicity and Use; Ownership
Without further notice or consideration to you, you irrevocably grant Publicity Rights to G Fuel and its subsidiaries, affiliates and assigns. As used in the immediately foregoing sentence, “Publicity Rights” means the absolute and worldwide right, license and permission and consent to use, for any promotional or publicity purposes and in any manner or media whatsoever (including on any web page, application or other medium maintained by G Fuel or any of its subsidiaries or affiliates), your User Identifier, name, voice, photograph, biographical information (including hometown and state), email address or likeness. You understand and agree that you have no right of approval, no claim to any compensation, and no Claim (as defined below) arising out of the use, alteration, distortion or illusionary effect or use in any composite form of your name, voice, photograph (including on web pages maintained by G Fuel or any of its subsidiaries or affiliates), biographical information (including hometown and state), email address or likeness, in any media or manner whatsoever, for such purposes.
You and your heirs, executors and administrators forever completely waive, release, discharge and agree to defend, indemnify and hold harmless G Fuel and G Fuel’s respective subsidiaries and affiliates and their respective affiliates, equity holders, directors, officers, managers, employees, attorneys, assigns, licensees, co-branders, associated marketing firms, advertisers, sponsors, representatives and agents (collectively, including G Fuel, the “Released and Indemnified Parties”) from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits of any kind whatsoever (no matter whether at law or equity), fees, costs and attorneys’ fees (including appellate level) whatsoever (each, a “Claim,” and collectively, “Claims”) arising out of or in connection with, directly or indirectly: (1) your entry or participation in the Tournament; (2) the Tournament; (3) any prize(s); and (4) your acceptance or use of any prize(s) (no matter whether during or after your receipt, acceptance or use of any prize(s)); including, in each case, (a) electronic, human, United States Postal Service, equipment programming or other error, omission, interruption, defect or delay which may occur in the administration of the Tournament or the processing of any entry, any participation, any prize(s) or any materials related to the Tournament; (b) technical failures of any kind, including the malfunctioning of any electronic equipment, computer, internet, web site, network, hardware or software, a computer virus, bug or other technical problem; (c) unauthorized human intervention in any part of the entry or participation in the Tournament or the Tournament itself; (d) any Claim based on libel, slander, defamation, invasion of privacy, right of publicity, portrayal in false light and any Claim relating to the exercise of rights granted in the paragraph immediately above; (e) your conduct in connection with the Tournament; (f) the sole or joint negligence or tortious acts or omissions of the Released and Indemnified Parties; (g) any taxes associated with the acceptance of any prize(s); (h) any printing, typographical, technical errors in any materials associated with the Tournament or any prize(s); (i) incorrect, inaccurate, late, lost, stolen, illegible, incomplete, or misdirected entries, or entries received through impermissible or illegitimate channels; and (j) any death, injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from your entry or participation in the Tournament or receipt or use of any prize(s). You represent and warrant that you will take no action with respect to a Claim. You understand that the above provision includes a release by you of the Released and Indemnified Parties for those parties’ own negligence.
The Released and Indemnified Parties will not be liable for and you hereby waive all rights to claim: (i) any special, indirect, punitive, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased; or (ii) commercial loss of any kind, including loss of business or profits, whether based upon breach of warranty, breach of contract, negligence, strict tort or any other legal theory, whether or not advised of the possibility of such damages. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred (including costs associated with entering the Tournament), but in no event attorneys’ fees. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY.
Taxes and Costs Acknowledgement
You acknowledge that receipt or acceptance of any prize(s) from G Fuel is taxable to you as a prize winning and may be subject to federal, state or local taxes. You further acknowledge that, to the extent applicable, you may receive an IRS form 1099 at the end of the calendar year and a copy of such form (if any) will be filed with the IRS. You acknowledge that if you have any questions regarding taxes, you must contact your accountant or tax advisor.
- That if any statement made by you in connection with your entry or participation in the Tournament is false, you will be disqualified from receiving, and will promptly return to G Fuel, any prize(s), in their entirety;
- To do all matters and things which may be convenient or necessary to more effectively and completely carry out your intentions set forth in these Terms;
- For purposes of these Terms, (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive;
- That if any provision in these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired in any way;
- That these Terms constitutes your legal, valid and binding obligation, enforceable against you and your legal representatives, heirs, executors and administrators;
- That these Terms, the Tournament and all transactions contemplated by these Terms will be governed by, and construed and enforced in accordance with, the internal laws of the State of New York, without regard to principles of conflicts of laws;
- That a substantial portion of the negotiations, anticipated performance and execution of these Terms occurred or will occur in the State of New York, and any civil action or legal proceeding arising out of or in connection with these Terms will be brought in the Federal or New York state courts of record in New York City, New York;
- Any and all disputes, claims, and causes of action arising out of or connected with the Tournament, or awarding of prize(s) in connection with the Tournament, will be resolved individually, without resort to any form of class action; and
- You will only be eligible to receive any prize(s) if you deliver to G Fuel, upon G Fuel’s request, an IRS Form W-9 that is, as determined by G Fuel, in G Fuel’s sole discretion, fully and accurately completed by you and signed by you.