KARDS World Championship Official Rules
First edition: September 24th, 2019
Last updated: August 18, 2023
These are legally binding rules for the KARDS 2023 World Championship.
- Here, we explain who is eligible to participate in the KARDS 2023 World Championship.
- We also explain what Participants can and cannot do during the KARDS 2023 World Championship, as well as disclaimers and liability.
- Please also see our KARDS User Agreement which contains basic rules about playing KARDS.
- If you have any questions at all about these rules, please contact firstname.lastname@example.org
1 ABOUT THESE RULES
- General. These official rules (“Rules”) govern the tournament system for our video game ‘KARDS’ (“KARDS”) which we are calling the “KARDS 2023 World Championship”.
- Parties. These Rules form a legally binding contract between Participants and 1939 Games hf., Eyjarslóð 7, 101 Reykjavik, Iceland (we will further call ourselves “1939 Games”, “we” or “our”). “Participant” means any person participating in the KARDS 2023 World Championship and any other applicable person notified of these Rules by 1939 Games, and “Participants” means all of them.
2 ENTRY ELIGIBILITY
- Age. Participants aged 18 or over are eligible to participate in the KARDS 2023 World Championship. Participants aged between 13 and 17 must ask their parent or guardian to review and approve these Rules on their behalf (because in some countries people under a certain age cannot fully enter legally into contracts like these Rules). We are sorry, but Participants aged under 13 are not allowed to participate in the KARDS 2023 World Championship.
- Accounts. To be eligible to participate in the KARDS 2023 World Championship, Participants must have authorized access to a KARDS account and both Participants and their accounts must be in good standing (e.g. not subject to any bans) at the start of and throughout the KARDS 2023 World Championship. Participants must only participate in the KARDS 2023 World Championship using their own KARDS account or for certain stages of the tournaments, an account provided by 1939 Games.
- Platforms and Location. Participants will be eligible to participate in the KARDS 2023 World Championship: (a) across all platforms on which KARDS is officially supported (currently PC and mobile); and (b) if they are a legal resident of a territory in which KARDS is made available.
- Prohibited Entrants. Employees, contractors, agents or suppliers of 1939 Games, or any KARDS 2023 World Championship commercial partners or their employees or contractors are not eligible for and may not participate in the KARDS 2023 World Championship. This also applies to any persons connected to such persons, including family or household members.
- Other Eligibility Criteria. 1939 Games retains sole and absolute discretion regarding who may and who may not participate in the KARDS 2023 World Championship. We may designate additional eligibility criteria for Participants to participate in the KARDS 2023 World Championship if we consider it reasonably necessary (e.g. prohibiting residents from certain territories from competing in the KARDS 2023 World Championship due to legal or regulatory requirements).
3. KARDS 2023 World Championship Structure
The KARDS 2023 World Championship will consist of multiple stages:
- Pre-qualification: You can directly qualify for the knockout stage by winning an in-game competitive season, Officer Club Championships (OCC: Clash or OCC: Ultimate), KARDS Open tournaments or by being one of the top 4 players from the 2022 KARDS World Championship.
- Open Qualifiers: A pair of competitive in-game qualification rounds open to all KARDS players that have reached rank 15 upon joining their first qualification session.
- Knockout Stage: A multi-part tournament consisting of the players qualified through the “Open Qualifiers” and those players that are pre-qualified.
- Grand Finals: The remaining 4 players will compete online in the grand finals for their share of the 12,000 USD prize pool and the title of KARDS 2023 World Champion.
We will collectively refer to all stages of the KARDS 2023 World Championship that are organized and run by 1939 Games as the “KARDS 2023 World Championship”.
Dates for the KARDS 2023 World Championship.
- The Open Qualifiers are conducted in two sets of three rounds over three weekends.
- Qualifier A
- 2nd of September at 12:00 GMT
- 3rd of September at 16:00 GMT
- 9th of September at 12:00 GMT
- 10th of September at 16:00 GMT
- 16th of September at 12:00 GMT
- 17th of September at 16:00 GMT
- Qualifier B
- 23rd of September at 16:00 GMT
- 24th of September at 12:00 GMT
- 30th of September at 16:00 GMT
- 1st of October at 12:00 GMT
- 7th of October at 16:00 GMT
- 8th of October at 12:00 GMT
- Qualifier A
- The Knockout Stage will be conducted during the end of October.
- October 13th: Live Drawing Show for Round Robin groups
- October 21st: Round Robin (Top 128 players)
- October 22nd: Double Elimination (Top 32 players)
- October 29th: Double Elimination Live Broadcast (Top 6 players)
- The Grand Finals are held in Iceland on December 2nd and 3rd.
The rankings during the Qualifiers and the Open Qualifiers are displayed in-game in the World Championship hub, accessible through the front page of the game client.
3.4 Open Qualifiers
Frequency. Each Open Qualifier will take place during six sessions, each session lasts for four (4) hours. The sessions for each qualifier will be conducted on the dates and times stated above (section 3.2).
Participant Qualification Criteria. A total of fifty-five (55) spaces will be available in each Open Qualifier for a total of 112 players qualified that will join the pre-qualified players (see section 3.1) in the 128 player group that will participate in the knockout stage.
Alternative and Replacement Participant Selection. If for any reason a Participant becomes ineligible to join the knockout stage (e.g. due to fraud), 1939 Games will invite alternative eligible Participants with the next highest rank reached in the second Open Qualifiers until a total of onehundredtwentyeight (128) Participants have been chosen for the Knockout Stage.
Matchmaking. When participating in games of the Open Qualifiers, Participants are matched against each other based on a random selection. The only exception is that no player will be matched against the same opponent multiple times in a row.
Ranking. Participants are ranked according to the combined score of their three best sessions. The score points are based on the Participants performance in each session (see below). Each session is scored separately (see below). In case of a tiebreak (Participants with equal score), tiebreaker points will resolve the tiebreak (see below).
Session score. The session score is based on the first nine (9) games played in a session. A won game counts 5 points, a lost game counts 1 point. Any game played beyond the initial nine games will not count towards the session score, however, those additional matches will count towards the tiebreaker score (see below).
Tiebreaker score. Tiebreaker points are calculated at the end of each session, as follows:
- Take the end result of each opponent the Participant had in the first 9 games. The Participant gets tiebreaker points equal to the total number of wins of opponents minus their losses (so if their opponents ended with a total of 22 wins and 13 losses, the Participant gets +9 tiebreaker points).
- To this total add 1 point for each win the Participant got after playing their first 9 scored games.
- If Participants end with the same tiebreaker points, split ties as follows:
Sort by ELO points and then total (normal) battle games played.
3.5 Knockout Stage
Participant Qualification Criteria. The top 128 players that qualified through the Open Qualifiers, as well as the pre-qualified players, are qualified to participate in the Knockout Stage.
Alternative and Replacement Participant Selection. If for any reason a Participant becomes ineligible to join the Knockout stage (e.g. due to fraud), 1939 Games will invite alternative eligible Participants with the next highest rank reached in the second Open Qualifier until a total of onehundredtwentyeight (128) Participants have been chosen.
Matchmaking and ranking. Initial group drawings will be random, apart from the pre-qualified players being seeded across different groups before a random drawing allocates all other participants into groups.
Format. The knockout stage consists of a Round Robin and a Double Elimination stage.
- Round Robin stage
- 16 groups with 8 players each.
- All players play each other within a group.
- The top 2 players in each group advance to the Double Elimination stage.
- Double Elimination stage
- 32 players qualify from the Round Robin stage and are seeded based on their placement into a double elimination bracket.
- Players compete until 4 players remain in the tournament, these 4 players are qualified for the Grand Finals stage.
3.6 Grand Finals stage
Participant Qualification Criteria. The four (4) remaining players of the Knockout stage are qualified to join the Grand Finals of the KARDS 2023 World Championship.
Replacement Participants. If for any reason a qualifying Participant cannot attend the Grand Finals (e.g. due to scheduling or visa issues or because a Participant’s invite has been withdrawn by 1939 Games), 1939 Games will invite the Participant with the next highest point from the Knockout stage. In order to compete in the Grand Finals, players must be willing and able to travel to Iceland. No matches will be played remotely.
Prize Money. Prize money will be awarded to Participants of the Finals Stage as detailed below.
- 1st place: 6,000 USD
- 2nd place: 3,000 USD
- 3rd place: 1,800 USD
- 4th place: 1,200 USD
Additional important information concerning prize money can be found in section 6 (Prize Money).
Further information on the Grand Finals format will be made available at a later point.
1939 Games reserves the right to withdraw any invite if it has not heard from a Participant within 72 hours of such invite or any further communication being sent by 1939 Games.
A Participant will be deemed to immediately and automatically forfeit his/her Match (which will result in an automatic loss for that Match, unless decided otherwise by the Administrator) in any KARDS 2023 World Championship stage if he/she:
- breaches these Rules or the KARDS User Agreement;
- colludes or attempts to collude with any opponents (including intentionally throwing a Match or informing other Participants of an opponent’s strategy); and/or
- purposefully disconnects from a Match whether before or after the first card is played.
6. PRIZE MONEY
Prize money will be awarded to the KARDS Tournament winners as detailed in the applicable sections above, subject to the winning Participants’ full compliance with these Rules and other applicable rules and requirements.
Payment of applicable prize money will be within sixty (60) days from the completion of the relevant KARDS Tournament.
Prize money will be paid inclusive of any and all charges, duties and taxes (including but not limited to value added tax, sales tax or similar taxes and any applicable withholding tax required to be charged by 1939 Games) and in accordance with any applicable laws and regulations.
Participants must provide 1939 Games on request with any documents and information required for the payment of prize money, which could include (but not be limited to) any documentation required by applicable governments or authorities and/or information from the Participant for anti-money laundering and/or anti-fraud purposes in accordance with applicable legal requirements and regulations 1939 Games is subject to.
Participants will be solely responsible for the payment of any national, federal, state, local or other taxes of any kind in relation to any prize money.
No substitution or exchange of prize money will be permitted and prizes are not assignable, giftable or otherwise transferable to other persons.
If any winning Participants are less than 17 years old, prize money will need to be accepted on their behalf by their respective parent or guardian, subject to any applicable laws and regulations.
Prize money will be paid directly to the bank account of the relevant Participant (or their respective parent or guardian, if applicable).
The payment of applicable prize money will be subject to compliance with any applicable laws and regulations.
7. TRAVEL AND EXPENSES
Flights and Accommodation. 1939 Games will assist with arranging and paying reasonable costs for flights, accommodation and other practical transport arrangements for the Participants associated with the Grand Finals Tournament.
Travel Documentation. Participants (and any accompanying parent or guardian) participating in a Grand Finals Tournament must have and are solely responsible for obtaining all the necessary visas, permits, passports and other travel documents required to travel to and, if applicable, work in the country in which the Grand Finals Tournament takes place.
If a Participant fails to obtain and/or provide clear confirmation of any of the above to 1939 Games upon request, he/she will be disqualified from that particular Grand Finals Tournament with immediate effect.
KARDS User Agreement. It is a condition of participation in the KARDS 2023 World Championship that Participants must fully comply at all times with the KARDS User Agreement. This includes (but is not limited to) section 8 (Rules For Using KARDS) in particular, which contains rules on hacking, griefing, cheating, power leveling, account misuse and inappropriate behavior. The remainder of this section 7 (Conduct) contains additional rules that supplement those in the KARDS User Agreement and apply to the KARDS 2023 World Championship. All of these rules apply throughout the KARDS 2023 World Championship and regardless of whether or not Participants are actually attending or involved in KARDS 2023 World Championship events at the time.
Behavior. Participants are expected to conduct themselves to the highest standards of integrity and good sportsmanship throughout the KARDS 2023 World Championship. This includes:
- attending KARDS 2023 World Championship events on time;
- treating other Participants, sponsors, staff, fans, leagues, Third Party Tournament organizers and 1939 Games with respect and courtesy;
- complying with all policies and rules that may be introduced and notified to Participants from time to time;
- not using profanity or obscenities or otherwise acting inappropriately, such as through names/tags, game chat, lobby chat or at any live event or broadcast;
- not acting in any way which may be considered violent, threatening, harassing, discriminating, racist, sexist or intimidating (physical or non-physical) towards other Participants, sponsors, staff, fans, leagues, Third Party Tournament organisers and/or 1939 Games; and
- not acting or becoming involved in any situation or event which brings (or could bring) himself/herself, other Participants, 1939 Games and/or its Affiliates and/or KARDS into public scandal, disrepute or ridicule or which shocks or offends the community or reflects unfavorably on KARDS and/or 1939 Games.
Cheating. Cheating of any kind will not be tolerated and includes (but is not limited to) any of the following, whether actual, attempted, direct, indirect, intentional or otherwise:
- match-fixing, colluding with others (which includes without limitation sharing prize money with other Participants) or taking any action intended to alter or interfere with the results of any part of the KARDS 2023 World Championship;
- ‘ghosting’ (i.e. watching or monitoring an opponent’s live-stream in order to unfairly gain any sort of competitive advantage);
- using any bugs, glitches or exploits in the game;
- using someone else’s account, aside from an account which 1939 Games or a Third Party Tournament organizer specifically provides to Participants for the KARDS 2023 World Championship;
- receiving or providing any sort of real-time help, advice, or coaching during a Tournament match; and
- using notes, decklists, documents, books or any other items that may be used to gain unfair advantage during the Tournament to the gaming area unless usage of such items was specifically approved by 1939 Games or a Third Party Tournament organizer.
Software and Hardware. Participants must consult with 1939 Games or the relevant Third Party Tournament organizer before bringing their own electronic items and/or hardware to the KARDS 2023 World Championship Finals. Electronic devices such as mobile phones and smart watches will not be allowed during the Finals. Players are prohibited from using any personal electronic devices during their Finals Matches, aside from the device they are playing on, unless expressly instructed to do so by 1939 Games or the relevant Third Party Tournament organizer. The device players play on may only be used to access the game client and any software specifically approved by 1939 Games or relevant Third Party Tournament organizers to be used, for example, for the purposes of Tournament related communication.
Webcam Requirements. Participants are required to have a webcam and share their camera feed with broadcast production for the purpose of broadcasting during the final day of the KARDS 2023 World Championship Knockout Stage (October 29th), unless given exemption by 1939 Games. The webcam must be pointed at a Participant’s face at all times, unless otherwise directed by 1939 Games or the relevant Third Party Tournament organizers. Should Participants foresee any potential issues in sharing their webcam feed for broadcast purposes, they must contact a tournament Administrator or any member of the 1939 Games Esports team at least 72 hours before broadcast, for 1939 Games to review and resolve. 1939 Games may determine at its sole discretion if a Participant may receive an exemption from webcam requirements.
Webcam Background Requirements. While sharing their camera feed with broadcast production, Participants may not have any unlicensed materials visible in their webcam feed. Any logos, flags, pictures, posters, artwork, sculptures, figurines, and other copyrighted material visible in the background of the webcam feed must be removed or covered up during any KARDS 2023 World Championship broadcast. Any form of explicit or otherwise inappropriate content is also not permitted in the background of Participants’ webcam feeds during any KARDS 2023 World Championship broadcast. 1939 Games reserves the right to determine at its sole discretion if any materials visible in the background of a Participant’s webcam must be removed or covered up.
Attire Requirements. Participants must be appropriately clothed at all times during KARDS 2023 World Championship broadcasts. Participants may not appear topless, or solely wearing bathing attire or undergarments. Participants may not wear any clothing that may be seen as inflammatory or offensive by any specific group or groups of people. 1939 Games reserves the right to determine at its sole discretion if Participants’ attire is inappropriate.
Restricted Sponsorships. To preserve the reputation of the KARDS 2023 World Championship and 1939 Games, sponsors in the following categories are not permitted for any Participant participating in the KARDS 2023 World Championship (“Restricted Sponsorships”):
- tobacco, cigarettes, e-cigarettes or vaping products;
- pornography or other adult materials;
- firearms or other weaponry;
- gambling or betting services/products/websites;
- key-selling marketplaces;
- sellers of or marketplaces for counterfeit or illegal items (virtual or otherwise);
- political campaigns;
- charities that are substantially religious or political in nature;
- any product or service that conflicts and/or competes with any of 1939 Games’ own sponsors or those of its commercial partners; and
- any other products, goods or services deemed to be detrimental or inappropriate by 1939 Games.
Participants must not in any way (whether directly or indirectly, intentionally or otherwise) show, mention, talk about, refer to, use the products or services of or wear clothing featuring the name or branding of, or otherwise be connected with, any Restricted Sponsorships at any point throughout the KARDS 2023 World Championship. 1939 Games may update the above list at any time at its sole and absolute discretion.
Streaming Requirements. During any live KARDS 2023 World Championship broadcast, Participants may not live stream any form of video content on any platform or channel (other than as a part of the official live KARDS 2023 World Championship broadcast).
Conduct Compliance. Failure to comply with any of the rules and/or requirements listed in this section may result in Match or Tournament forfeiture. Any potential punitive action taken against Participants in violation of these rules and/or requirements is at the sole discretion of 1939 Games.
9. MEDIA RIGHTS AND INTELLECTUAL PROPERTY
Participant Materials. A Participant will remain the owner of his/her own name, tag, nickname, initials, likeness, image, picture, photography, animation, persona, autograph/signature, voice, statistics, biographical information and/or any and all other personal indicia, identifying characteristics or information, together with all Intellectual Property Rights (defined below) in the same (“Participant Materials”), subject to the licenses granted to 1939 Games and its Affiliates in these Rules.
Licenses. Each Participant grants to 1939 Games and its Affiliates a non-exclusive, worldwide, transferable, sub-licensable, perpetual, irrevocable and royalty-free license and right to copy, edit, promote, advertise, market, display, sponsor, host, store, broadcast or otherwise use his/her Participant Materials in connection with KARDS, the KARDS 2023 World Championship and 1939 Games which will include (but not be limited to) the right for 1939 Games and its Affiliates to display his/her Participant Materials: (a) on websites, social media (e.g. Facebook, Twitter and YouTube) and editorial content relating to KARDS, the KARDS 2023 World Championship and 1939 Games; (b) in connection with the webcast, streaming, telecast, broadcast and other distribution of the KARDS 2023 World Championship; and (c) otherwise in connection with the marketing, advertising, sponsorship, promotion and other exploitation of KARDS, the KARDS 2023 World Championship and 1939 Games (“Promotional Activities”). 1939 Games and its Affiliates may use Participant Materials in the Promotional Activities at their discretion without requiring a Participant’s prior approval and without any form of payment or remuneration to Participants. Each Participant hereby waives and releases any and all claims against 1939 Games and its Affiliates in respect of any moral, personal and publicity rights (including, so far as is possible, any equivalent or similar rights in any territory of the world) in the Promotional Activities and any other use of the Participant Materials by 1939 Games and/or its Affiliates.
1939 Games Ownership. 1939 Games will be the sole and exclusive owner of: (a) KARDS; (b) the KARDS 2023 World Championship; (c) any materials produced in relation to the Promotional Activities; (d) any ideas, suggestions, proposals, improvements, enhancement or feedback of any kind that Participants provide to 1939 Games in relation to KARDS, the KARDS 2023 World Championship and/or 1939 Games; (e) data and statistics relating to the KARDS 2023 World Championship, including all feeds and data streams of such data and statistics; (f) these Rules; (g) all 1939 Games materials accompanying all the same; and (h) any updates or modifications to the same, in each case with all Intellectual Property Rights in them.
In the Rules: "Intellectual Property Rights" means any and all copyright, trade marks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in databases, rights in computer software, moral rights, publicity rights, performance rights, synchronization rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.
10. COMPLIANCE, DECISIONS AND SANCTIONS
Compliance Monitoring. 1939 Games reserves the right at its discretion to monitor Participants’ compliance with these Rules and the KARDS User Agreement and Participants agree to promptly provide evidence of their compliance with the same upon request by 1939 Games.
Investigations. 1939 Games may at its discretion carry out investigations into any actual or suspected breach of these Rules and Participants (and if applicable their parent or guardian) agree to promptly provide all required assistance to 1939 Games in relation to the same. Failure by Participants and/or their parent or guardian to cooperate with any such investigation is itself a breach of these Rules.
Sanctions. 1939 Games and its Affiliates may at its discretion impose sanctions for any breaches (whether actual, attempted, directly, indirectly, intentionally or otherwise) of these Rules and the KARDS User Agreement. Sanctions available include (but are not limited to):
- issuing formal or informal warning notices to Participants (in private or public);
- withdrawing Participant invites to any KARDS 2023 World Championship events;
- temporarily or permanently suspending or disqualifying Participants from the KARDS 2023 World Championship (in whole or in part, including from any Third Party Tournaments);
- revoking previously awarded prizes or titles (in whole or in part);
- terminating Participants’ KARDS accounts;
- requiring Participants to change their in-game names/tags;
- banning Participants from participating in future KARDS and/or 1939 Games tournaments and events.
Decisions. Any decisions made and sanctions imposed by 1939 Games and its Affiliates in connection with the KARDS 2023 World Championship are final and binding with no right of appeal. This includes (without limitation) 1939 Games’ determination on matters in relation to forfeiting (see section 5 (Forfeiting)) and Participant conduct (see section 7 (Conduct)). 1939 Games will make reasonable efforts to provide written reasons for its decisions and sanctions and to give reasonable notice of the same (subject to the requirements of operating the KARDS 2023 World Championship efficiently).
Assumption of Risk. Participants understand and agree that there are risks involved with professional esports, including but not limited to eye damage, carpal tunnel syndrome, repetitive stress injuries and other damage associated with extended periods of computer-based work. To the fullest extent permitted by law, Participants hereby expressly assume all risk of injury or damage to their person or property while voluntarily choosing to be involved in the KARDS 2023 World Championship.
Compliance With Laws. Participants must comply with all applicable laws and regulations applicable to their participation in the KARDS 2023 World Championship. Please remember that we are subject to various laws and we may be required to comply with law enforcement and/or other legal requirements.
Confidential Information. Participants must keep any Confidential Information (defined below) of 1939 Games and its Affiliates confidential and secure and must not disclose or communicate it to any third party, except their professional representatives or advisors or as required by law. For the purpose of these Rules, “Confidential Information” means any information or materials disclosed by 1939 Games and/or its Affiliates which: (a) would be regarded as confidential by a reasonable business person; (b) is identified as "Confidential"; or (c) is generally not publicly available.
Language. These Rules are prepared in the English language. If any non-English translations of these Rules are prepared, in the event of any discrepancy or conflict between the English and non-English versions, the English version will prevail. All matches during the KARDS 2023 World Championship will be held using the English version of KARDS.
No Employment Relationship. These Rules do not create any exclusive relationship between Participants and 1939 Games nor any partnership, joint venture, employment or agency.
Assignment. 1939 Games can assign, subcontract or transfer these Rules to a third party or another member of its group if necessary for the support of KARDS or the KARDS 2023 World Championship, including as part of any reorganization or merger or for other business reasons.
Waiver. No failure or delay by 1939 Games to exercise any right or remedy provided under these Rules or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by 1939 Games will preclude or restrict the further exercise of that or any other right or remedy.
Severability. If any court or competent authority finds that any provision of these Rules (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Rules will not be affected.
Entire Agreement. These Rules, together with any other documents referred to in them and any other documentation required by 1939 Games in relation to the KARDS 2023 World Championship, contains the entire agreement between the parties relating to the subject matter hereof and supersedes all prior agreements, arrangements and understandings between the parties relating to that subject matter. Each party acknowledges that, in entering into these Rules, it has not relied on, and will have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Rules.
Dates, Times and Locations. All dates, times and locations stated throughout these Rules are provisional and subject to change at 1939 Games’s discretion.
PARTICIPANTS ACKNOWLEDGE AND AGREE THAT THEY ARE INVOLVED IN THE KARDS 2023 World Championship AS A PROFESSIONAL ESPORTS PROGRAM AND ACCORDINGLY THEY ARE ACTING IN THE COURSE OF A BUSINESS AND NOT AS CONSUMERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES AGREE AS FOLLOWS:
1939 Games, its Affiliates, partners and licensors disclaim any implied or express warranties or representations regarding KARDS and/or the KARDS 2023 World Championship. This includes without limitation any allegations of: (i) negligence; (ii) lack of satisfactory quality, merchantability or fitness for purpose; (iii) the existence of any faults or errors; and/or (iv) infringement of any third party intellectual property rights. KARDS and the KARDS 2023 World Championship are provided on an "AS IS", “AS AVAILABLE” basis without warranties or representations of any kind, express or implied. To the fullest extent permitted by applicable law, 1939 Games disclaims all warranties, express or implied, which might apply to KARDS and/or the KARDS 2023 World Championship, including without limitation: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties that may arise from course of dealing or course of performance or usage of trade, freedom from viruses or errors or defects, and/or any warranties as to the accuracy, legality, reliability or quality of any content or information contained within KARDS and/or the KARDS 2023 World Championship. 1939 Games does not warrant that KARDS and/or the KARDS 2023 World Championship will be uninterrupted or error-free, that defects will be corrected, or that KARDS will be free of viruses or other harmful components.
In no event will 1939 Games, its Affiliates, partners and licensors be liable to Participants for any loss, damage or harm of any kind arising from:
- any corrupted, distorted, inaccurate, incomplete, damaged, late or lost data, communications or transmissions;
- hardware, software, internet, network, electronic or other computer-related malfunctions or failures; and/or
- any printing or typographical errors in documents or materials for the KARDS 2023 World Championship or KARDS.
In no event will 1939 Games, its Affiliates, partners and licensors be liable to Participants for any loss of earnings, profits, charges or expenses, loss of data or any corruption or loss of information, loss of business opportunity, reputational loss or harm, or any special, exemplary, indirect, consequential or punitive loss or damage or disruption of any kind, in any case, whether based on breach of contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, whether or not the relevant party has been advised of the possibility of such damage. To the extent required by applicable law, this exclusion does not apply in the case of personal injury, death or fraud.
THE TOTAL LIABILITY OF 1939 GAMES AND ITS AFFILIATES, PARTNERS AND LICENSORS WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER IN CONNECTION WITH THE KARDS 2023 World Championship, THESE RULES AND/OR ANY COLLATERAL CONTRACT WILL IN NO CIRCUMSTANCES EXCEED THE AMOUNT OF $6,000 (SIX THOUSAND USD).
PARTICIPANTS AGREE TO INDEMNIFY AND HOLD HARMLESS ON DEMAND 1939 GAMES, ITS AFFILIATES, LICENSORS AND PARTNERS (AND KEEP THEM INDEMNIFIED AND HELD HARMLESS) FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING LEGAL FEES, IN CONNECTION WITH: (1) ANY ACTUAL OR ALLEGED BREACH OF THESE RULES; AND (2) ANY ACTUAL OR ALLEGED UNAUTHORIZED USE BY PARTICIPANTS OF 1939 GAMES’ INTELLECTUAL PROPERTY RIGHTS OR CONFIDENTIAL INFORMATION. IF CLAIMS ARE BROUGHT AGAINST 1939 GAMES, ITS AFFILIATES, LICENSORS AND/OR PARTNERS, PARTICIPANTS AGREE TO FULLY COMPLY WITH 1939 Games AND 1939 Games RESERVES THE RIGHT TO TAKE OVER THEIR DEFENSE. PARTICIPANTS WILL NOT SETTLE ANY SUCH CLAIMS WITHOUT 1939 GAMES’ PRIOR WRITTEN CONSENT.
Participants agree that any loss, damage or harm they suffer are not irreparable or sufficient, and other remedies will be adequate, such that Participants are not entitled to injunctive or other equitable relief against 1939 Games, its Affiliates, partners and licensors.
13. GOVERNING LAW AND DISPUTES
If Participants are resident in the European Union and elsewhere in the world (but not the USA):
The KARDS 2023 World Championship, these Rules and any dispute or claim in connection with them will be governed by the laws of Iceland and under the exclusive jurisdiction of the courts of Iceland. Each party waives, to the fullest extent permitted by applicable law, any objection to such choice of exclusive governing law and jurisdiction and any claim that any such action or proceedings brought in such a court has been brought in an inconvenient forum. In any legal claim under these Rules, the side which wins will be entitled to its legal fees and expenses.
If Participants are resident in the USA:
1939 Games and Participants agree to resolve all disputes and claims between them in individual binding arbitration. This includes without limitation any claims arising from these Rules, any part of the relationship between Participants and 1939 Games, Participants’ use of KARDS or participation in the KARDS 2023 World Championship. This section applies whether the dispute or claim is based in contract, tort, statute, fraud, unfair competition, misrepresentation or any other legal doctrine.
Some explanatory notes from us: "arbitration" is a consensual dispute resolution process where both sides present their case to a neutral arbitrator (not a judge or jury). Arbitration is less formal than court litigation and it has less formal rules (which we talk about below). To be clear: by choosing arbitration, Participants are giving up the right to have any dispute between us heard in court before a judge and/or jury. Participants and 1939 Games agree that any claim arising out of or related to these Rules must be made within one (1) year after the claim arose; otherwise, such claim is permanently barred.
How to start an arbitration:
If either 1939 Games or a Participant wants to commence arbitration, then they have to send the other side a written notice setting out the basis of the claim and what remedy the commencing side wants from the other side. A printed version of these Rules and of any notice given in electronic form will be admissible to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If a Participant sends a notice to us, please send copies by mail (to our address at the top of these Rules) and by email (email@example.com). Participants and 1939 Games may bring an arbitration at any reasonable AAA (defined below) location within the United States that is convenient for them.
The rules for the arbitration:
The US Federal Arbitration Act applies to this section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitrator will be bound by these Rules.
The arbitration will be conducted by a single arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of AAA arbitrators. The determination of whether a dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The AAA will administer the arbitration and it will be conducted in the English language. It may be conducted through the submission of documents, by phone, or in person at a mutually agreed location. The arbitration hearing must commence within 30 days from the appointment of the arbitrator, unless otherwise agreed to by Participants and 1939 Games. The AAA will only have power to arbitrate the dispute between Participants and 1939 Games and not in relation to other people under this particular arbitration. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
What the dispute resolution and arbitration sections do not apply to:
The dispute resolution and arbitration requirements do not apply to claims or disputes brought by either Participants or 1939 Games which relate to claims of intellectual property rights infringement, confidential information misuse or claims of unauthorized use, piracy, theft or misappropriation.
Waiver of collective action remedies:
To the maximum extent permitted by the national or state law applicable, Participants and 1939 Games agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration. That means, to the full extent permitted by law: (1) no arbitration will be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration is found illegal or unenforceable, Participants and 1939 Games agree that it will not be severable: this entire section will be deemed unenforceable and any claim or dispute will therefore be resolved in court.
To the extent not covered by the dispute resolution and binding arbitration language above, Participants and 1939 Games agree that the KARDS 2023 World Championship, these Rules and any issues arising out of them, will be deemed to be entered into in Los Angeles, California and governed by and interpreted according to the laws of the State of California, USA (and, if applicable, US Federal law) without regard to choice of law principles. Any legal claim by Participants against 1939 Games, to the extent not covered by the dispute resolution and arbitration language above, will be made exclusively in state or federal court located in Los Angeles, California, which will have subject matter jurisdiction regarding the dispute between Participants and 1939 Games and therefore we both consent to the exclusive jurisdiction of those courts. Moreover, Participants waive any rights to argue that the state and federal courts in Los Angeles, California are an improper venue. In any legal claim under these Rules, the side who wins will be entitled to its legal fees and expenses.
1939 Games reserves the right in its sole and absolute discretion to update, patch or improve KARDS and/or the KARDS 2023 World Championship at any time in order to (without limitation) fix exploits and bugs as well as add features or rebalance KARDS.
15. CHANGES TO THE RULES
1939 Games reserves the right to edit, change, delete or add to these Rules in its sole and absolute discretion at any time and will use reasonable efforts to inform Participants when it does so. If Participants do not agree to those changes (regardless of whether they contact us), then Participants must not participate in the KARDS 2023 World Championship.
For any questions or comments about these Rules, please contact firstname.lastname@example.org.