Tennis United Tournament Terms and Conditions
NO ENTRY FEE. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW OR REGULATION.
The Tennis Clash 2021 ATP/WTA Tennis United Tournament Rules (the “Official Rules”) govern participation in the Tennis United Tournament (the “Tournament”) operated and hosted by Wildlife Studios Limited, an Irish corporation (together with its affiliates, “Wildlife Studios” or “we”). These Official Rules establish the rules of Tournament play, including, without limitation, rules governing player eligibility, Tournament structure, point structures, prize awards, and participant conduct. Please review these Official Rules carefully. You must agree to the terms contained in these Official Rules in order to participate in the Tournament. Participation in the Tournament by you constitutes your full, unconditional and irrevocable agreement to and acceptance of these Official Rules.
IMPORTANT NOTICE REGARDING ARBITRATION FOR USERS IN THE US ONLY: WHEN YOU AGREE TO THESE OFFICIAL RULES YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND WILDLIFE STUDIOS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 14 “DISPUTE RESOLUTION AND GOVERNING LAW” BELOW FOR DETAILS REGARDING ARBITRATION. THESE OFFICIAL RULES ALSO INCLUDE A WAIVER OF RIGHTS BY YOU TO BRING A CLASS ACTION AGAINST WILDLIFE STUDIOS AND A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM WILDLIFE STUDIOS THAT MAY ARISE OUT OF YOUR PARTICIPATION IN THE TOURNAMENT.
ATP AND WTA DO NOT OWN OR OPERATE THE TOURNAMENT DESCRIBED HEREIN.
PLAYER ELIGIBILITY REQUIREMENTS
a. Eligible “Tournament Players”
The Tournament is only open to individual persons who, as of August 19, 2021, 5 pm UTC (“Start Time“):
- have a valid Tennis Clash account (“Game Account”), which is created when you begin playing the game, as provided for in the Wildlife Terms;
- have previously unlocked the Sidney Open Tour (Tour 2);
- have reached the age of majority in their country of residence. Tennis Clash players who have not reached the applicable age of majority as of the Start Time may participate in the Tournament only if they are over 16 years of age (“Minor”) on the Start Time and provide Wildlife Studios with evidence of parental or a legal guardians approval of these Official Rules. To do so, such Tennis Clash player’s legal guardians must contact Wildlife at firstname.lastname@example.org, and request approval for the Minor’s participation.
b. Ineligible Tennis Clash Players
The Tournament is not open to the following individuals, who are ineligible to participate or to win any prize:
- Employees of Wildlife Studios, ATP Tour or WTA Tour (“Tournament Parties”) and employees of the Tournament Parties’ respective parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies and sponsors and all their respective immediate family members and persons living in their same household,
- Persons connected with the production or administration of the Tournament and their immediate family members and persons living in their same household.
- Persons located in, or otherwise subject to, a jurisdiction there the Tournament is prohibited or void under applicable law; or
- Persons who have failed to comply with the Official Rules as determined by the Tournament Parties in their reasonable discretion, including, without limitation, any individual person who opens multiple Game Accounts or otherwise uses or attempts to use multiple Game Accounts during the Tournament.
TOURNAMENT OVERVIEW AND STRUCTURE
The Tournament will take place from the Start Time to August 23, 2021, 5:30 pm UTC. Tennis Clash players who enter the Tournament will need to access and use the “Tournament Platform”, which will be on the Tennis Clash App (“App”) which is owned and operated by Wildlife Studios. Tennis Clash players are solely responsible for any costs they may incur in accessing the App. Use of the Tournament Platform is subject to the Wildlife Terms of Service.
a. Non-Tournament features for new players:
i. Tennis Clash Coins:
Tennis Clash in-game coins (“Tennis Clash Coins”) are promotional in-game features that have no real-world value and may not be redeemed or exchanged for cash or any other item of value. Tennis Clash Coins are acquired through playing Tennis Clash in non-Tournament play. There are four (4) ways to obtain Tennis Clash Coins as part of non-Tournament play:
- win ranked matches while playing Tennis Clash;
- open in-game bags while playing Tennis Clash;
- watch video advertisements within the App;
- purchase Tennis Clash Coins with Tennis Clash Gems in the App.
ii. Tennis Clash Gems:
Tennis Clash Gems are promotional in-game features that can be obtained in two ways:
- open in-game bags while playing Tennis Clash;
- purchase them in the in-App store with real money.
Tennis Clash Gems may not be exchanged for cash or any other item of value.
iii. Tennis Clash Cards:
Each Tennis Clash player collects Tennis Clash Cards of character, racket, grip, shoe, wristband, nutrition and workout, through opening Tennis Clash Bags or getting them with Tennis Clash Gems in the in-App store. Each of these cards has a skill level which can be upgraded, increasing how much they affect a player’s Tennis Clash “Attributes” – forehand, backhand, volley, serve, agility and stamina.
iv. Tournament Entry
The Tournament has no entry fee. Instead, Tennis Clash Coins are required to play matches in the Tournament.
v. Tournament Goal.
Tennis Clash players will compete to accumulate points and win prizes in accordance with these Official Rules.
vi. Tournament Level Placements.
The Tournament consists of three independent levels (each a “Tournament Level”). The number of Tennis Clash Coins required for playing matches, will vary depending on the Tournament Level in which the Tennis Clash player is placed.
1. Tournament Rounds.
Each Tournament Level will have two (2) “Tournament Rounds.” Tournament Rounds are played sequentially in the following order:
- Qualifying Round;
- Final Round.
Tennis Clash players compete in up to ten (10) Tournament Matches in the Qualifying Round, and up to twenty (20) Tournament Matches in the Final Round (each, the “Initial Number of Matches”), subject to playing additional Tournament Matches using Tennis Clash Gems as discussed below.
Each “Tournament Match” will be a single instance of competition where two (2) Tennis Clash players compete against one another until one of the two (2) Tennis Clash players achieves ten (10) points by a two point margin or there is a forfeiture, disqualification or disconnect of the other Tennis Clash player as provided in these Official Rules.
a. Tournament Level Assignments
Tennis Clash players will need to have the minimum number of the Tennis Clash Coins per Tournament Match in order to play.
|Tournament Level||Minimum Number of Tennis Clash Coins needed per Tournament Match|
b. Tennis Clash Player Skill Levels
To assure competitive fairness across each Tournament Level, there is a maximum skill level allowed for the use of Tennis Clash Cards (“Cap“). Tennis Clash Cards which have a higher skill level than the Tournament Level’s Cap will have their skill level reduced to the Tournament Level’s Cap during the Tournament Matches only. Each Tournament Level’s Cap is shown in the chart below.
c. Outcome of Tournament Matches
For each Tournament Match, Tennis Clash players will receive a certain amount of Tennis Clash Coins when they win the Tournament Match described in the chart below. Tennis Clash players win by achieving ten (10) points in a Tennis Clash match first with a two-point margin. Tennis Clash players’ total score for a Tournament Round is based on the amount of Tennis Clash points they earn in each Tournament Match during such Round. The Tennis Clash player who wins the Tournament Match will always earn 10 points, and the Tennis Clash player who loses the Tournament Match will earn from 0 to 9 points. However, matches played in the Tennis United Tournament in-game court will be won by the player who first achieves 10 points.
|Tournament Level||Cap||Number of Tennis Clash Coins needed per Tournament Match||Number of Tennis Clash Coins awarded for a win|
d. Additional Tournament Matches.
Tennis Clash players are eligible to improve their results by playing additional Tournament Matches in any Round after they have completed the Initial Number of Matches for that Round. To do so, the Tennis Clash players can use Tennis Clash Gems to play extra Tournament Matches. The amount of Tennis Clash Gems needed for the first additional Tournament Match of each Round is fixed for each Tournament Level as provided below. For any subsequent additional Tournament Matches in that Round, Tennis Clash players will need to use four (4) times the last additional Tournament Match Tennis Clash Gem amount they have used. The results for any additional Tournament Matches played in any Round will replace the results of the worst of the Initial Number of Matches for that Round if it will improve the overall result. Wildlife Studios may, in its sole discretion, may restrict any Tennis Clash player from replacing their Tournament Match results or from playing additional Tournament Matches in a given Round.
|Tournament Level||Number of Tennis Clash Gems required for the first extra Tournament Match in a given Round||Number of Tennis Clash Gems required for each subsequent Tournament Match in such Round|
e. Scoring Tournaments Rounds and Brackets
The first Tournament Round, Qualifying Round, will last 48 hours and 15 minutes – from August 19, 2021, 5 pm UTC to August 21, 2021, 5:15 pm UTC. Tennis Clash players will be distributed in groups of approximately fifty (50) Tennis Clash players (each a “Bracket”) based on their highest achieved Tennis Clash non tournament league and are allowed to play up to twenty (20) Tournament Matches, subject to playing additional Tournament Matches using Tennis Clash Gems as provided above.
Tennis Clash players will advance from Qualifying Round based on their position among other Tennis Clash players within their Brackets. Specifically, for each Tournament Level, a Tennis Clash player’s ranking is determined by the amount of points he or she wins, subject to any tiebreakers. A Tennis Clash player must be in the top 50% of the other Tennis Clash players within his or her Bracket to move on to the Final Round.
The second and final Tournament Round is the “Final Round,” and will last 48 hours and 15 minutes – from August 21, 2021, 5:15 pm UTC to August 23, 2021, 5:30 pm UTC. Tennis Clash players will be placed in a single group for each Tournament Level. Each Tennis Clash player is permitted to play up to twenty (20) Tournament Matches, subject to playing additional Tournament Matches using Tennis Clash Gems as provided above.
Tennis Clash players’ scores will determine the outcome of the Final Round. The Tennis Clash player scores from Qualifying Round will have no impact on their Final Round result. All players will be eligible to receive an in-game prize as further described below.
Tiebreakers will be determined in the following order based on whoever has:
- A better net points difference, based on the Tennis Clash player’s scored points minus his or her opponent’s scored points (extra Tournament Matches played using Tennis Clash Gems might replace his or her worst results, but won’t increase the number of Tournament Matches considered beyond the applicable Initial Number of Matches);
- the most Tournament Match wins (extra Tournament Matches played using Tennis Clash Gems might replace his or her worst results, but won’t increase the number of Tournament Matches considered beyond the applicable Initial Number of Matches);
- the most Tournament Match wins that end with a score of 10-0 (extra Tournament Matches played using Tennis Clash Gems might replace his or her worst results, but won’t increase the number of Tournament Matches considered beyond the applicable Initial Number of Matches);
- more Tournament Matches played (extra Tournament Matches bought with Tennis Clash Gems not included); and
- the earliest end of last Tournament Match, extra Tournament Matches played using Tennis Clash Gems included.
a. In-Game Prizes
All Tennis Clash players who reach the Final Round of each Tournament Level will receive in-game prizes in accordance with their ranking. These prizes are described in Appendix 1 below.
b.Prize Distribution Condition
Prizes are non transferable and cannot be substituted for other prizes, traded or exchanged for cash or any other prize.
All potential prize winners are subject to verification and for strict compliance with these Official Rules and Wildlife Terms before any prize will be awarded.
PLAYER CONDUCT AND TECHNICAL RESPONSIBILITY
Wildlife Studios reserves the sole right and absolute discretion to monitor compliance with these Official Rules and the Wildlife Terms, and to disqualify Tennis Clash players for violations, in order to preserve the integrity and fair competition within the Tournament. Tennis Clash players must agree to abide by the following as a condition of participation (and are deemed to have agreed to the following by entering into the Tournament):
a. Standards of Conduct
Players should hold the highest standard of integrity and sportsmanship, by strictly following the Official Rules and the Wildlife Terms, as well as competing to the best of their ability at all times independently from their respective Tournament Matches, adversaries’ level of skill or ownership of items.
b. Standards of Technical Maintenance
Wildlife Studios is not responsible for hardware or software failures which may occur during the Tournament. As this is a “Bring-Your-Own-Device” (BYOD) Tournament, Tennis Clash players are solely responsible for guaranteeing the appropriate level of maintenance and compatibility specifications of hardware and software, as well as the adequate internet connectivity necessary to play and perform competitively.
c. Match Tennis Clash and Disconnects
Tournament Match disconnects are situations in which the Tennis Clash player is unable to start or continue a Tournament Match or participation in the Tournament in any way due to disconnection. If a Tennis Clash player disconnects from the Tournament or Tournament Match for any reason, whether the Tournament or the Tournament Match has started or was about to start, the Tennis Clash player will forfeit the Tournament Match or other applicable event in the Tournament.
Without limitation and for the avoidance of doubt, the following shall constitute a violation of the Official Rules and may lead to, in Wildlife’s sole discretion, disqualification from the Tournament: (i) using any cheats, hacks or other third party “helper” applications in playing the Game; (ii) intentionally disconnecting from the Internet during any match; (iii) colluding with other teams in playing Tournament Matches; (iv) taking advantage of known exploits in the Tennis Clash (it is the responsibility of players to understand and avoid all such exploits); (iv) abusive or disorderly conduct; (v) failing to use best efforts during the Tournament including “win trading” or similar conduct that undermines, or has the potential to undermine, the integrity of Tennis Clash or the Tournament; (vi) tampering with the entry process or the operation of the Tournament; (vii) opening multiple Game Accounts or otherwise using or attempting to use multiple Game Accounts during the Tournament; or (viii) acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Tournament may also be a violation of criminal and civil law, and, should such an attempt be made, Wildlife Studios reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person and enforce its right and remedies to the fullest extent permitted by law.
Any failure of Wildlife Studios to enforce any term of these Official Rules and Wildlife Terms shall not constitute a waiver of that provision.
WILDLIFE STUDIO’S AND ATP AND WTA COPYRIGHTS AND TRADEMARKS
All trademarks referenced herein are the exclusive property of their respective owners. The Official Rules and all accompanying materials are owned and copyrighted by Wildlife Studios Limited, and its licensors. All rights are reserved. Nothing in this Official Rules, or a player’s participation in the Tournaments, grants to the player or any third party, by implication, waiver, estoppel or otherwise, any right or license to use or display any name, logo, service mark or trademark of Wildlife Studios, or ATP or WTA, or their respective licensors.
PERSONAL INFORMATION AND IMAGE
You further acknowledge that Wildlife Studios may share winners’ Tennis Clash in-game nicknames with the Tennis United Tournament. This information may be used by Wildlife Studios and the Tennis United Tournament to promote winners in any media and on any platform, including but not limited to social media channels.
By agreeing to these Official Rules and participating in the Tournament, a player hereby grants to Wildlife Studios and its subsidiaries and affiliates a perpetual, royalty-free, fully paid-up, worldwide, right and license (with the right to grant sublicenses) to copy, display, distribute, edit, host, store and otherwise use such player’s image, likeness, voice, in-game nickname, name, gameplay and/or photograph, and create derivative works thereof, in any and all present and future media whether now known or hereafter created, on any and all platforms and via any method of delivery, on or in connection with the Tournament and with the marketing and promotion of the Tournament in general.
DO NOT ENTER INTO OR PARTICIPATE IN THE TOURNAMENT IF YOU DO NOT AGREE TO THESE TERMS.
Wildlife Studios may update these Official Rules at any time whenever we think there is a need. If we do so, players will be prompted to agree to the updated Official Rules upon their next access to the Tournament or when the updated Official Rules are otherwise communicated to players. A player must agree to these updates to continue participating in the Tournament.
We may provide patches, updates, or upgrades to Tennis Clash that must be installed in order for a player to continue to use the Tournament. We may update the Tournament remotely without notice, and players hereby consent to us applying such patches, updates, and upgrades. If a player’s device can prevent automatic updates, such player may not be able to access the Tournament until he/she manually updates the Tournament on such device. We may modify, suspend, discontinue, substitute, replace, or limit access to any aspect of the Tournament at any time. Subject to applicable law, any character data, game progress, game customization or other data related to a player’s use of any particular Tennis Clash or other elements unique to the Tournament may cease to be available at any time without notice from us, including, without limitation, after a patch, update, or upgrade is applied by us. We do not have any maintenance or support obligations with respect to the Tournament.
TO THE MAXIMUM EXTENT PERMITTED BY LAW THE TOURNAMENT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND AND WILDLIFE STUDIOS AND ITS PARENT COMPANY, AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “WILDLIFE PARTIES”) AND ITF LICENSING (UK) LIMITED AND ITS PARENT COMPANY, AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “TENNIS UNITED TOURNAMENT PARTIES”) HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, THE WILDLIFE PARTIES EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The Wildlife Parties and the Tennis United Tournament Parties make no warranty that the Tournament will meet any requirements or be available on an uninterrupted, secure, virus-free or error-free basis. The Wildlife Parties and the Tennis United Tournament Parties make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Tournament.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER THE WILDLIFE PARTIES NOR THE Tennis United Tournament PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:
1. LOSS OF PROFITS,
2. LOST REVENUE,
3. LOST SAVINGS,
4. LOSS OF DATA,
5. COMPUTER MALFUNCTION, OR
6. ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH THESE OFFICIAL RULES OR THE TOURNAMENT OR THE WILDLIFE TERMS, OR THE DELAY OR INABILITY TO USE OR ACCESS OR LACK OF FUNCTIONALITY OF THE TOURNAMENT, EVEN IN THE EVENT OF ONE OF A WILDLIFE PARTY’S OR TENNIS UNITED TOURNAMENT PARTY’S FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF THAT WILDLIFE PARTY OR TENNIS UNITED TOURNAMENT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE WILDLIFE PARTIES AND THE TENNIS UNITED TOURNAMENT PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE OFFICIAL RULES OR THE WILDLIFE TERMS OR THE TOURNAMENT WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR ARE PAYABLE BY YOU TO US FOR TENNIS CLASH THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations will apply to the maximum extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in these Official Rules will prejudice such rights that you may have as a consumer of the Tournament.
You agree to indemnify, defend, and hold each of ITF LICENSING (UK) LIMITED and Wildlife Studios and their respective employees, officers, directors, managers, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out of or in any way are connected with: (a) your access to or use of or participation in the Tournament; (b) any claim that, if true, would constitute an actual or threatened breach by you of these Official Rules; (c) your use of any prize (including, without limitation, losses, damages or injuries, illnesses (including but not limited to exposure or contraction of COVID-19) or death to your or any other person’s equipment or other property, or to their persons, related to participation in this Tournament); (d) any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; (e) any claim of infringement of intellectual property; and/or (f) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Tournament activity and/or prize. You agree that the Wildlife Parties and the Tennis United Tournament Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions; interruption or inability to access the Tournament; any damage to your (or any third person’s) device and/or its contents related to or resulting from any part of the Tournament; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Wildlife Parties or the Tennis United Tournament Parties. You agree to reimburse us for any payments made or loss suffered by us, including reasonable attorney’s fees and costs, whether pursuant to a ruling, judgment, fine, penalty or settlement, based on any matter covered by this Section 12.
We may suspend or terminate your access to and use of the Tournament with no liability, without notice in the event that: (i) we cease providing the Tennis Clash to similarly situated Tennis Clash players generally; (ii) you breach these Official Rules (including the App Store Agreement(s) and our other policies specified in these Official Rules); (iii) the owner of the applicable App Store terminates your App Store Account; (iv) we otherwise deem it necessary to terminate your access to and use of the Tournament in our sole discretion, for any reason; or (v) as otherwise provided herein.
You may also terminate your participation in the Tournament by deleting and uninstalling Tennis Clash on any and all of your devices or by deleting your App Store Account. Upon any termination of your participation in the Tournament, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or enjoy any of the related benefits. The following sections will survive termination of these Official Rules: 1, 6-15.
DISPUTE RESOLUTION AND GOVERNING LAW – UNITED STATES
This section applies if you are accessing, using, or participating in the Tournament in the United States.
a. Governing Law and Forum Choice.
These Terms and any action related thereto including but not limited to any dispute, controversy, difference, or claim arising out of or relating to these Official Rules, the Tournament or Tennis Clash, or any related service, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to these Official Rules, the App, or any related service (collectively, “Disputes”) will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Section 14, the exclusive jurisdiction for all Disputes (defined below) that you and we are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and we each waive any objection to jurisdiction and venue in such courts.
b. Mandatory Arbitration of Disputes.
We each agree that any Dispute will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Official Rules, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Official Rules.
c. Location of Arbitration.
If you are a resident of the United States, any arbitration will take place in your county of residence, to the exclusion of all other venues.
As limited exceptions to Section 14(b) above, the following Disputes can be resolved in court and need not be resolved through arbitration: (i) any Dispute that can be resolved in small claims court (if it qualifies); and (ii) any Dispute involving the infringement or misappropriation of Wildlife Studios’ or Tennis United Tournament intellectual property rights.
e. Conducting Arbitration and Arbitration Rules.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Official Rules. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
f. Arbitration Costs.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
g. Class Action Waiver.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution (Section 14) shall be null and void.
h. Effect of Changes on Arbitration.
Notwithstanding the provisions of Section 14 above, if we change any of the terms of this Section 14 after the date you first accepted these Official Rules (or accepted any subsequent changes to these Official Rules), you may reject any such change by sending us written notice (including by email to our Support Email Address) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our notice to you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the terms of this Section 14 “Dispute Resolution and Governing Law” as of the date you first accepted these Official Rules (or accepted any subsequent changes to these Official Rules).
With the exception of any of the provisions in Section 14(h) above, if an arbitrator or court of competent jurisdiction decides that any part of these Official Rules is invalid or unenforceable, the other parts of these Official Rules will still apply.
DISPUTE RESOLUTION AND GOVERNING LAW – OUTSIDE THE UNITED STATES
This section applies if you are accessing, using, or have purchased the Tournament outside of the United States. These Official Rules and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of law’s provisions. The exclusive jurisdiction for all Disputes will be the state and federal courts located in the Northern District of California.
You may not assign or transfer your registration or participation in the Tournament, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your registration or participation in the Tournament, without such consent, will be null and void. Notwithstanding the title of this Section, we may freely assign or transfer ownership of the Tournament or the Wildlife Game without restriction. Subject to the foregoing, these Official Rules will bind and inure to the benefit of the parties, their successors and permitted assigns.
a. Entire Agreement.
These Official Rules and any other document or information referred to in these Official Rules constitutes the entire and exclusive understanding between you and us regarding the Tournament and supersede any and all prior oral or written understandings or agreements between you and us regarding the Tournament.
The original language of these Official Rules is in English; any translations are provided for reference purposes only except as otherwise required by applicable law. Except as otherwise provided by applicable law, you waive any right you may have under the law of your country to have these Official Rules written or construed in any other language.
These Official Rules describe certain legal rights. You may have other rights under the laws of your jurisdiction. These Official Rules do not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. As noted above, limitations and exclusions of warranties and remedies in these Official Rules may not apply to you because your jurisdiction may not allow them in your particular circumstance. Each of the provisions in these Official Rules operates separately. In the event that certain provisions of these Official Rules are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions will be enforced only to the furthest extent possible under applicable law and the remaining provisions of these Official Rules will remain in full force and effect.
d. No Waiver.
Your and our actions or inactions will not create any other rights under these Official Rules except as what is explicitly written within these Official Rules. Our failure to enforce any right or provision of these Official Rules will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in these Official Rules, the exercise by either party of any of its remedies under these Official Rules will be without prejudice to its other remedies under these Official Rules or otherwise.
e. Third Party Rights.
Except as described in Section 2, no person other than the registered player will have any rights to enforce any provision of these Official Rules or any of the other documents or information referenced hereunder.
1. Headings. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
3. Gambling. The Tournament is not intended for gambling. If it is determined that a player is using the Tournament for gambling purposes, he/she will be disqualified and reported to authorities.
4. Errors. No Wildlife Party will be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Tournament.
If you have any questions about these Official Rules or Tennis Clash or the Tournament, please contact: https://tfghelp.helpshift.com/a/tennis-clash/?contact=1&p=web.
APPENDIX I – In-game prizes by Tournament Level and Tennis Clash Player position in the Final Round