142606343.1
for a range of purposes, including, without limitation, for marketing and promoting Sponsor, Battlefy and
their respective products and services. By participating in the Tournament, player (and if such player is a
Minor, his or her parent or legal guardian) hereby consents to being filmed, recorded, photographed and
having his or her gameplay recorded, broadcast or streamed during the Tournament, and grants Sponsor,
Battlefy and those acting under their authority (and agrees to confirm that grant in writing) the royalty-free,
perpetual, irrevocable right and license to publish, reproduce, perform, distribute, stream, adapt, edit,
modify, translate, create derivative works based upon, and otherwise use and display any or all of the
content and details of such participation without additional compensation, including player’s name, player
name, Mii character, photograph, voice and/or likeness, and any of the film, photographs or recordings
taken pursuant to this Section VI without further notice, review or approval, without territorial, time, media
or medium or other limitations, for any and all purposes, including, but not limited to, marketing and
advertising purposes, except where prohibited by law.
VII. RELEASE AND LIMITATIONS ON LIABILITY
BY PARTICIPATING IN THE TOURNAMENT, PLAYER (AND, IF PLAYER IS A MINOR, HIS OR HER
PARENT OR LEGAL GUARDIAN) AGREES THAT HE/SHE VOLUNTARILY ASSUMES AND
ACCEPTS ANY AND ALL RISKS RELATED TO HIS/HER PARTICIPATION IN THE
TOURNAMENTAND RELEASES THE RELEASED PARTIES (DEFINED BELOW) FROM AND
HEREBY WAIVES, ANY AND ALL CLAIMS RELATED TO THE TOURNAMENT, INCLUDING BUT
NOT LIMITED TO, ANY DANGERS, HARM, INJURIES AND/OR LOSSES THAT MAY OCCUR TO
PLAYER AND/OR HIS/HER PROPERTY DURING SUCH PARTICIPATION WHETHER UNDER A
THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY.
PLAYER (AND IF PLAYER IS A MINOR, PLAYER'S PARENT OR LEGAL GUARDIAN) FURTHER
AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL SPONSOR OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AGENTS, SUCCESSORS, AND ASSIGNS OR ANY OF THE RELATED PARTIES
(THE “RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES, INCLUDING ANY INJURIES, LOSSES OR DAMAGES OF ANY
KIND TO PERSONS, INCLUDING DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, OUT
OF ANY OF THE FOLLOWING, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: PLAYER’S PARTICIPATION IN THE
TOURNAMENTOR ANY RELATED ACTIVITY; PLAYER’S ACCEPTANCE, POSSESSION, MISUSE
OR USE OF ANY PRIZE; ACCESS TO OR USE OF ANY WEBSITE ASSOCIATED WITH THE
TOURNAMENT; OR FOR ANY PRINTING, PRODUCTION, TYPOGRAPHICAL, HUMAN OR OTHER
ERROR IN THE ADVERTISING, OFFERING OR ANNOUNCEMENT OF ANY PRIZE. WITHOUT
LIMITING THE FOREGOING, EVERYTHING ON ANY WEBSITE ASSOCIATED WITH THE
TOURNAMENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Released Parties are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed,
incomplete, unintelligible, non-delivered, misdirected, stolen entries or for incomplete, inaccurate, lost,
interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment
(including handsets), computer online systems, Internet connections, computer equipment, software,
viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized
access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or
cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected
transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors
of any kind, whether human, technical, mechanical, electronic or network, including, without limitation,
any errors which may occur in connection with the administration of the Tournament or in any related
materials; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture
any such information. Released Parties are not responsible for injury or damage to player’s or to any
other person’s computer related to or resulting from participating in the Tournament or downloading
materials from any related websites. Without limiting the release provided above, and for greater
certainty, Released Parties will not be liable for (a) any incomplete or inaccurate information, whether