FAZE CLAN, INC.
CONTEST – GENERAL TERMS & CONDITIONS
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
Any contest (a “Contest”) administered by FaZe Clan Inc., whether alone or in connection with its affiliates, (the “Company”) is a skill-based contest in which chance plays no part in the determination of the winner(s). These Official Rules form a binding legal agreement between you and the Company with respect to each and every Contest in which you participate. You will be asked to review and agree to abide by these Official Rules as well as agree to certain stipulations as a condition to any submission you make in connection with each Contest. You must follow all instructions and submit your entries to be considered in a Contest.
These Official Rules provide the general rules applicable to all Contests administered by the Company, and each Contest may have additional rules located on the “Contest Details” and/or “Contest Requirements” pages for each Contest (collectively, the “Contest Details Pages”), which supplement these Official Rules. Any reference in these Official Rules to “Official Rules” with respect to any Contest shall be deemed to be a reference to these Official Rules and the Contest Details Pages for such Contest, taken as a whole. In the event of any conflict or inconsistency between these Official Rules and the rules or other information provided on the Contest Details Pages for any Contest, the rules or such other information posted on the Contest Details Pages shall govern. These Official Rules may be modified from time to time by the Company without any notice to any Contestant (as defined below), and any such modifications shall be effective as of the date they are posted on the Company website located at www.fazeclan.com (the “Website”).
SECTION 1: ELIGIBILITY
Contests are open only to natural persons, eighteen (18) years or older (or, if the person resides in Nebraska or Alabama, nineteen (19) years or older, or if the person resides in Mississippi, twenty-one (21) years or older) at the time of entry who are citizens or legal residents of the United States of America (each, a “Contestant”). All references in these Official Rules to “You” (including references to “Your”) are to you, in your capacity as a Contestant.
The following individuals are not eligible to participate in a Contest: employees, contractors, directors and officers of the Company and its respective parent companies, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment, judging and Contest agencies involved in the administration, development, fulfillment and execution of such Contest (collectively, “Contest Parties”), and any spouse, parent or child of any of the Contest Parties.
SECTION 2: CONTESTS
The entry periods for each Contest, or the various Contest phases, will be stated on the Contest Details Pages for the Contest. the Company reserves the right to extend the deadline for submission of entries for any Contest, or Contest phase. the Company reserves the right to suspend or cancel any Contest, or Contest phase, due to a lack of qualified entries, and upon the occurrence of an event rendering the Contest impossible or contrary to the law as determined in the Company’s sole and absolute discretion.
SECTION 3: ADMINISTRATION OF CONTESTS
Any Contest may be structured differently from other Contests. For example, some Contests may have only one phase (e.g., create a music video), while others may have various phases.
a. Submission of Entries
REFER TO THE CONTEST DETAILS PAGES FOR THE LIMIT ON THE NUMBER OF CONTEST SUBMISSIONS (EACH, AN “ENTRY”) PER CONTESTANT. ANY ENTRY SUBMITTED IN PERSON, BY MAIL, BY FAX, OR BY ANY MEANS OTHER THAN SUBMISSION VIA THE WEBSITE WILL NOT BE ACCEPTED.
An Entry may not be submitted by more than one Contestant. If an Entry was developed by more than one person, only the Contestant who submitted the Entry into the Contest may be awarded any prize. All Entries must be received during the applicable entry period stated in the Contest Details Pages and must satisfy all other requirements contained or referred to in these Official Rules and the Contest Details Pages.
BY SUBMITTING AN ENTRY IN ANY PHASE OF A CONTEST, YOU REPRESENT AND WARRANT TO THE COMPANY THAT YOUR SUBMITTED ENTRY:
If your Entry is a video (a “Video Entry”), You additionally represent and warrant to the Company that You have received written consent from every person who appears in or is heard (i.e. voiceover) in Your Video Entry (each, a “Video Participant”) for such Video Participant's inclusion in such Video Entry.
If your Entry is a Video Entry, You additionally represent and warrant to the Company that You have received written consent from an authorized representative of every location that appears in Your Video Entry for inclusion in such Entry.
THE COMPANY RESERVES THE RIGHT TO REJECT ANY ENTRY THAT IT DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, (A) CONTAINS UNSUITABLE OR OFFENSIVE CONTENT, INCLUDING, WITHOUT LIMITATION, NUDITY, SEXUALLY EXPLICIT, DISPARAGING, LIBELOUS OR OTHER INAPPROPRIATE CONTENT, OR (B) VIOLATES ANY OF THE REQUIREMENTS OF THESE OFFICIAL RULES. NO ENTRIES WILL BE RETURNED.
BY SUBMITTING AN ENTRY TO A CONTEST, YOU ACKNOWLEDGE THAT YOUR ENTRY MAY BE POSTED BY THE COMPANY, IN ITS SOLE AND ABSOLUTE DISCRETION, ON THE WEBSITE AND/OR OWNED SOCIAL CHANNELS, IN THE SOLE AND ABSOLUTE DISCRETION OF THE COMPANY.
BY SUBMITTING AN ENTRY TO A CONTEST, YOU REPRESENT, WARRANT AND COVENANT THAT YOUR ENTRY IS WHOLLY ORIGINAL TO YOU (EXCEPTING MATERIALS INCORPORATED THEREIN SUPPLIED BY THE COMPANY) AND IS CREATED FOR THE COMPANY AND ITS LICENSEES AND ASSIGNS. YOU AGREE THAT YOUR ENTRY IS OR HAS BEEN SPECIALLY ORDERED BY THE COMPANY AS A “WORK MADE FOR HIRE,” AS THAT TERM IS DEFINED IN THE UNITED STATES COPYRIGHT ACT, AND THE COMPANY WILL OWN ANY AND ALL OF SUCH ENTRIES UPON CREATION AND SUBMISSION, AS THE AUTHOR THEREOF, INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY AND ALL OTHER RIGHTS AND ALL PHYSICAL MATERIALS (INCLUDING ANY B-ROLL FOOTAGE), IN ALL MEDIA AND LANGUAGES NOW KNOWN OR HEREAFTER DEVISED (INCLUDING, BUT NOT LIMITED TO, FILM, TELEVISION, VIDEOCASSETTES, DVDS, DIGITAL AND OTHER STORAGE MEDIUMS, MOBILE MEDIA, INTERACTIVE DEVICES AND INTERNET AND ONLINE SYSTEMS) THROUGHOUT THE UNIVERSE, IN PERPETUITY, AS WELL AS IN AND TO THE RIGHT TO USE YOUR NAME, LIKENESS AND PHOTOGRAPHS, EITHER STILL OR MOVING, FOR ALL COMMERCIAL AND NON-COMMERCIAL PURPOSES (INCLUDING, BUT NOT LIMITED TO, MERCHANDISING, ADVERTISING AND PROMOTION PURPOSES) IN CONNECTION THEREWITH. YOU AGREE THAT THE COMPANY OR ANY LICENSEE OR ASSIGNEE OF THE COMPANY SHALL HAVE THE SOLE DISCRETION IN DETERMINING THE EXTENT AND MANNER OF USE OF ANY ENTRY AND IS NOT OBLIGATED TO USE OR EXPLOIT ANY ENTRY SUBMITTED IN WHOLE OR IN PART. TO THE EXTENT ANY ENTRY IS NOT VESTED EXCLUSIVELY IN THE COMPANY AS A RESULT OF THE "WORK MADE FOR HIRE" NATURE OF THIS ASSIGNMENT, YOU HEREBY IRREVOCABLY AND EXPRESSLY ASSIGN AND GRANT TO THE COMPANY IN PERPETUITY ALL RIGHTS OF ANY KIND AND NATURE THROUGHOUT THE UNIVERSE, INCLUDING ANY AND ALL COPYRIGHT, PATENT, TRADE SECRET, MORAL RIGHT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, IN AND TO SUCH ENTRY, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO EXPLOIT SUCH ENTRY AND THE RIGHT TO CREATE ANY VERSIONS OR DERIVATIVE WORKS OF SUCH ENTRY. THE COMPANY SHALL OWN ANY DERIVATIVE WORKS CREATED FROM THE ENTRIES. IF YOUR ENTRY IS AN ENTRY IN A VIDEO PHASE OF A CONTEST, YOU ADDITIONALLY REPRESENT AND WARRANT TO THE COMPANY THAT YOU SHALL SUBMIT ALL RAW FILES, CONTEST FILES, EDITING SEQUENCES AND A 1080P.MOV MASTER FILE, USING A PRORES, ANIMATION OR UNCOMPRESSED CODEC UPON REQUEST AT NO ADDITIONAL CHARGE. ACCORDINGLY, YOU AGREE THAT THE COMPANY HAS THE EXCLUSIVE RIGHTS WITHOUT RESTRICTION TO SUBLICENSE, EDIT, ADAPT, DELETE, COMBINE WITH OTHER MATERIALS, TRANSFORM, TITLE (INCLUDING CHANGING THE TITLE), SUBTITLE, DUB, TRANSLATE, ADD TO, REPRODUCE, AND OTHERWISE REVISE ANY ENTRY, AND TO DISTRIBUTE, BROADCAST, TELECAST, CYBERCAST, PERFORM, PUBLICLY PERFORM, STORE, INDEX, CATEGORIZE, DISPLAY, PUBLICLY DISPLAY, SUBMIT AS AN ENTRY FOR AWARDS AND OTHER HONORS, AND OTHERWISE USE AND EXPLOIT SUCH ENTRY IN ANY AND ALL MANNERS OR METHODS NOW KNOWN OR LATER DEVISED, AND ANY AND ALL WORKS DERIVED FROM SUCH ENTRY. THE COMPANY SHALL HAVE THE EXCLUSIVE RIGHT TO COPYRIGHT ANY ENTRY IN ITS OR ITS DESIGNEE'S NAME, AS THE SOLE OWNER AND AUTHOR THEREOF, TO SECURE ANY AND ALL RENEWALS AND EXTENSIONS OF SUCH COPYRIGHTS AND TO FURTHER ASSIGN SUCH ENTRY. YOU AGREE AND CONFIRM THAT THE CONSIDERATION THAT YOU HAVE RECEIVED FROM THE COMPANY CONSTITUTES FULL, ADEQUATE AND FAIR REMUNERATION FOR ALL RIGHTS OF EVERY KIND AND NATURE GRANTED TO THE COMPANY AND THAT SUCH CONSIDERATION IS FAIRLY APPORTIONED TO EACH SUCH RIGHT. YOU HEREBY IRREVOCABLY AND EXCLUSIVELY GRANT AND ASSIGN TO THE COMPANY IN PERPETUITY THROUGHOUT THE UNIVERSE ALL RIGHTS NOW KNOWN OR LATER RECOGNIZED WHICH YOU MAY HAVE IN ANY ENTRY IN THE NATURE OF NEIGHBORING RIGHTS OR RIGHTS OF REMUNERATION OR ANY RIGHT TO COLLECT ANY ROYALTIES, LEVIES OR OTHER SUMS ATTRIBUTABLE TO THE USE OF ANY COPYRIGHT, EXPLOITATION RIGHTS OR OTHER RIGHTS GRANTED TO THE COMPANY IN SUCH ENTRY. TO THE EXTENT ANY SUCH RIGHTS ARE NOT ASSIGNABLE, YOU APPOINT THE COMPANY AS THE EXCLUSIVE ADMINISTRATOR OF SUCH RIGHTS WITH SOLE AUTHORITY TO ADMINISTER AND MAKE COLLECTIONS FOR ANY SUCH RIGHTS. FURTHER, YOU HEREBY WAIVE AND AGREE TO WAIVE IN FAVOR OF THE COMPANY ANY MORAL RIGHT, SIMILAR LAW IN ANY COUNTRY OF THE WORLD, OR OTHER RIGHT OR CLAIM THAT IS CONTRARY TO THE INTENT OF A COMPLETE TRANSFER OF RIGHTS TO THE COMPANY IN EACH ENTRY AND AGREE NOT TO INSTITUTE SUPPORT, MAINTAIN, OR PERMIT ANY ACTION OR LAWSUIT ON THE GROUND THAT ANY USE OF THE ENTRY IN ANY WAY CONSTITUTES AN INFRINGEMENT OF ITS MORAL RIGHTS.
b. Selection of Entry Winners
The Contest Details Pages for each Contest will set forth the number of winning places for which Contestants are competing against one another. Those places with respect to any Contest will be considered “in the money” for purposes of these Official Rules. A team of qualified judges selected by the Company, including a head judge for each Contest (the “Head Judge”), will select from the eligible Entries based on certain factors determined by the Company and stated on the Contest Details Pages for a Contest. The Entries with the highest rankings from the judges for such Contest are referred to in these Official Rules as the “Entry Finalists,” and will be eligible, subject to the other provisions of these Official Rules, to receive the prize designated for such place of finish in the money on the Contest Details Pages for such Contest. In the case of a tie, the tie will be broken by the ranking of the Head Judge based on the judging criteria. If multiple Entries in a Contest are substantially similar to one another, as determined by the judges for such Contest, the Entry that was first submitted to the Company will be judged, and all other substantially similar Entries will be rejected. All decisions of the judges are final.
The Company will post the name of each of the Contestants responsible for submitting the Entry Finalists (each, a “Finalist Contestant”) on the Contest Details Pages for such Contest promptly after the close of the entry period. Each Finalist Contestant must complete, sign and submit a Winner Affidavit of Eligibility & Release, an Intellectual Property Rights Assignment and any release forms that the Company may require (collectively, the “Verification Forms”) to the Company within five (5) business days after the completion of the final phase of such Contest as a condition to receiving any prize in connection with such Contestant’s winning Entry. The Company shall have no obligation to award any prize to any Finalist Contestant in the event that such Finalist Contestant fails to timely submit the Verification Forms to the Company.
See the Contest Details Pages for each Contest for further details on the issuance of prizes to Contestants.
SECTION 4: GENERAL CONDITIONS
SECTION 5: LIMITATIONS OF LIABILITY AND RELEASE
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
With full awareness of and understanding of this provision, You waive and voluntarily relinquish any right or benefit You may have under Section 1542 of the California Civil Code, and any similar provision of statutory or non-statutory law of any other jurisdiction, to the fullest extent that You may lawfully waive all such rights and benefits pertaining the subject matter of these Official Rules.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION AND EXPULSION FROM THE WEBSITE. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
SECTION 6: INDEMNIFICATION
You agree to indemnify, defend and hold the Released Parties harmless from and against any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of or reasonably related to Your participation in a Contest, including, but not limited to, bodily injury, death, property damage, violation or infringement of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy and defamation. You agree to release and indemnify and hold harmless each of the Released Parties from and against any and all claims that any Contest entry, advertising, promotion, presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of any of the Released Parties (individually or collectively) infringes on the rights of Your work as contained in any such Entry.
SECTION 7: WINNERS LIST/RULES/QUESTIONS
SECTION 8: THE COMPANY ADDRESS
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