THE SIMON CUP ESPORTS TOURNAMENT

Official Tournament Rules


LAST REVISED:  October 6, 2019.


1. Introduction


The Simon Cup Esports Tournament (the “Tournament”) is brought to you by Allied Esports International, Inc. (“Allied Esports”) and Simon Property Group, L.P. (“Simon”). The Tournament is a multi-round esports tournament featuring the game entitled “Fortnite”, developed and published by Epic Games, Inc. (“Epic Games”).  These Official Tournament Rules (“Official Rules”) govern the Tournament. The Official Rules are in addition to the rules that govern how Fortnite is played (the “Game Play Rules”), which are set forth in Section 8, the Terms of Service and the Privacy Policy that govern the “Tournament Website” (as defined herein), which are incorporated herein by this reference.


Each person who participates in the Tournament is referred to as a “Player”. If a Player is under the age of majority in his or her state of residence (a “Minor”), such Minor Player represents and warrants that he or she has received permission from his or her parent or legal guardian to register for and participate in the Tournament, and all references to “Player” shall include that Minor Player’s parent or legal guardian. Each Player unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions that Allied Esports and the other “Tournament Stakeholders” (as defined below) make about the Tournament, including without limitation decisions about how to interpret or implement these Official Rules and administer the Tournament and the Game Play Rules, and such decisions shall be final and binding in all respects and not subject to challenge or appeal. Any aspects of the Tournament or incidents that affect the Tournament that are not outlined in these Official Rules may be addressed and resolved by Allied Esports and the other Tournament Stakeholders at the time of the incident and their decisions on such matters shall be final and binding and not subject to challenge or appeal.  As used herein, the term “Tournament Stakeholders” means Allied Esports, Simon, Epic Games, any entity involved in supplying or fulfilling prizes, and any other entity involved in implementing, producing or managing the Tournament, in whole or in part, any official sponsors of the Tournament, and each of their respective parent, subsidiary and affiliated entities, vendors, agents, and representatives, and the officers, directors and employees of all of the foregoing.


These Official Rules are subject to change, as determined by Allied Esports in its sole discretion. The most recent version of these Official Rules will be posted on www.SimonCup.com/rules (the “Tournament Website”), and Allied Esports may also use other means to communicate with those Players who have registered for the Tournament using the contact information associated with their account or provided during registration.  If a change would affect a Player’s place or standing in the Tournament if they were applied retroactively, that change will be applied only prospectively unless Allied Esports determines in its sole discretion that such changes must be applied retroactively for legal or other reasons. In the event of any conflict or inconsistency between the terms of these Official Rules and the copy or disclosures printed on any advertising, marketing or promotional materials related to this Tournament, including without limitation any prize descriptions printed on such materials, the terms of these Official Rules shall prevail, govern and control.  Entry into the Tournament does not constitute entry into any other tournament, competition, contest or sweepstakes.

2. Tournament Format


The Tournament starts with a series of qualifying rounds (each, a “Series”): one in New York/New Jersey (the “East Coast Series”), one in California (the “West Coast Series,” and collectively with the East Coast Series, the “Shopping Mall Series”), and one online (the “Online Series”).  An official leaderboard (the “Leaderboard”) will track each Player’s performance in the parts of each Series that are played online.  The Players who win the Shopping Mall Series, along with the Players who rank high enough on the Leaderboard for the Online Series, will then be invited to compete at the Live Finals, which are currently scheduled to take place at the HyperX Esports Arena in Las Vegas, Nevada on November 23, 2019.  Supported Systems: Windows and MacOS only (Xbox, PlayStation, and mobile versions are not supported).


2.1. The Shopping Mall Series


2.1.1. How to Enter


The Shopping Mall Series consists of weekly competitions where Players first compete online and the highest-ranked Players each week are then invited to compete in a live semi-final event.  The weekly competitions for the East Coast Series start on or about September 30, 2019 and continue through approximately October 24, 2019 (the “East Coast Entry Period”).  The weekly competitions for the West Coast Series start on or about October 14, 2019 and continue through approximately November 7, 2019 (the “West Coast Entry Period,” and collectively with the East Coast Entry Period, the “Mall Series Entry Periods”).  During the Mall Series Entry Periods, eligible Players may visit one of the participating Simon malls set forth in the chart below (the “Participating Simon Malls”) and obtain a physical “Gold Ticket” that includes a unique entry code that the Player can use to register for the Shopping Mall Series.  Eligible Players may obtain a Gold Ticket free of charge by visiting Guest Services at any of the Participating Simon Malls during the applicable Mall Series Entry Period, while supplies last.


Participating Simon Malls

East Coast Series

West Coast Series

New Jersey

California

Newport Centre

Brea Mall

Rockaway Townsquare

Camarillo Premium Outlets

The Mills at Jersey Gardens

Del Amo Fashion Center

New York

Shops at Mission Viejo

Roosevelt Field

Ontario Mills

Smith Haven Mall

Outlets at Orange

Walt Whitman Shops

The Westchester

After obtaining a Gold Ticket, eligible Players must access the Tournament Website - www.SimonCup.com - and complete the registration form by filling out all required information to create a free account on the Tournament Website (a “Simon Cup Account”).  The information that is required to register for a Simon Cup Account includes the unique code found on the Gold Ticket and the Player’s Epic Games account ID number (this can be found in the settings of the Fortnite account that the Player has with Epic Games).  The Player’s Epic Games account ID number will be tied to his or her Simon Cup Account, which in turn will be associated with either the East Coast Series or the West Coast Series, depending on the location where the Player obtained his or her Gold Ticket.  Gold Tickets obtained from the Participating Simon Malls in New York/New Jersey will be entered into the East Coast Series.  Gold Tickets obtained from Participating Simon Malls in California will be entered into the West Coast Series.  This is important because the “Semi-Finals” (as defined below) will happen in the Simon Malls that are designated in Section 2.1.3, and qualifying Players are responsible for getting themselves to the Semi-Finals, so if a Player lives in California but competes in the East Coast Series, it might not be feasible for that Player to get himself or herself to the Semi-Finals for East Coast Series if the Player qualifies to compete in the Semi-Finals.  Players are not permitted to switch from one Shopping Mall Series to another.


2.1.2. Weekly Ladders


Each Player’s performance will be measured based on timed segments playing Fortnite (each a “Session”).  Each Player’s game play during a Session will be scored using a “Scoring System” that awards points as follows:


Allied Esports Scoring System

Placement (per Fortnite round)

Points

Victory Royale

15 Points

2nd – 10th

7 Points

11th-25th

5 Points

Action

Points

Eliminations

1 Point

 

 

Elimination Bonuses (during each Session)

Points

25 Eliminations

3 Points

50 Eliminations

6 Points

75 Eliminations

9 Points

100 Eliminations

12 Points

Each week during the applicable Mall Series Entry Period, Players who registered for the Shopping Mall Series can initiate a Session and compete for a spot on the leaderboard for their Shopping Mall Series (each, an applicable “Leaderboard”)  To start a Session, Players log into their Simon Cup Account and follow the on-screen prompts to start the Session timer.  Players must be logged into their Simon Cup Account to start a Session.  Game play that does not occur during a Session will not count in the Tournament.  Once a Session begins, the Player’s Fortnite game play will be monitored over the next one (1) hour using public game data that is tied to the Player’s unique Epic Games account ID number.  The Leaderboard will re-set each week, so each week will start a new round of game play (each, a “Weekly Ladder”).  Players will be ranked on the Leaderboard for each Shopping Mall Series based on each Player’s best Session during the applicable Weekly Ladder.  Players may compete in an unlimited number of Sessions in each Weekly Ladder, but only the Player’s best Session score will be counted on the applicable Leaderboard.  Players are not permitted, and will not have the ability, to pause or restart a Session. If Fortnite or the Tournament Website (www.SimonCup.com) undergoes scheduled/unscheduled game maintenance, updates, patches or other unforeseen outages at the start of a Session or during a Session, it is possible that points that could have been earned during such a Session may not be recorded.  The Tournament Stakeholders will use reasonable efforts to schedule planned server maintenance on the Tournament Website between 5:00 am ET / 2:00 am PT – 9:00 am ET/ 6:00 am PT.  The Tournament Stakeholders are not responsible for any computer system, hardware, software or program malfunction, or other errors, failures, hacks, unauthorized access, delayed computer transmissions or network connections which may result in a failure to accurately track or record the number of points or any other aspect of a Player’s performance during a Session. 


At the end of each Weekly Ladder, up to twenty-five (25) of the top Players from the Leaderboard for each Shopping Mall Series will be sent a message inviting them to compete in a live semi-final (the “Semi-Finals”) as described in greater detail in Section 2.1.3.  A Player may only qualify one (1) time for the Semi-Finals.


If any Player does not respond to the invitation within the time required by the Tournament Stakeholders, or if the notification is returned as unclaimed or undeliverable to any Player, or if the Player is disqualified for any reason, such Player may forfeit his or her opportunity to participate in the Semi-Finals and invitations may be extended to the next highest ranked Player on the applicable Leaderboard until all spots in the applicable Semi-Finals are filled.  If a Player is invited to compete in the Semi-Finals and the Player is a Minor, the Player must be accompanied to the Semi-Finals by his or her parent or legal guardian and may be required to provide proof of parental consent for the Minor Player to compete in the Semi-Finals.


At the end of each Weekly Ladder, the Leaderboard for each Shopping Mall Series will reset and Players will have the opportunity to compete for a new ranking in the next Weekly Ladder until the end of the Mall Series Competition Period.


Mall Series Competition Period

Weekly Ladder Schedule

 

Start Date

End Date

East Coast Series

Approximate Start Time: 12:01 am ET

Approximate End Time 11:59 pm ET

Weekly Ladder 1

September 30, 2019

October 6, 2019

Weekly Ladder 2

October 7, 2019

October 13, 2019

Weekly Ladder 3

October 14, 2019

October 20, 2019

Weekly Ladder 4

October 21, 2019

October 24, 2019

 

 

 

West Coast Series

Approximate Start Time: 12:01 am PT

Approximate End Time 11:59 pm PT

Weekly Ladder 1

October 14, 2019

October 20, 2019

Weekly Ladder 2

October 21, 2019

October 27, 2019

Weekly Ladder 3

October 28, 2019

November 3, 2019

Weekly Ladder 4

November 4, 2019

November 7, 2019

2.1.2.1. Weekly Qualifying Ladders - Tiebreakers


If two or more Players are tied at the end of any Weekly Ladder, the tie will be broken by applying the following tie-breaking mechanisms, listed in order of application:


1) Highest number of Victory Royales in the Session for the applicable Weekly Ladder;

2) Highest number of Top 10 Placements in the Session for the applicable Weekly Ladder;

3) Highest number of Top 25 Placements in the Session for the applicable Weekly Ladder; and

4) Highest number of Eliminations in the Session for the applicable Weekly Ladder.


2.1.3. Semi-Finals 


In each Shopping Mall Series, the Semi-Finals will take place live at a Simon Mall designated by the Tournament Stakeholders in accordance with the schedule below.  The Semi-Finals for the East Coast Series will take place at Roosevelt Field Mall.  The Semi-Finals for the West Coast Series will take place at Ontario Mills Mall.  The Semi-Finals for each Shopping Mall Series will consist of up to one hundred (100) invited Players who qualified during the applicable Weekly Ladders.  Each Player who qualified for the Semi-Finals will receive an invitation from the Tournament Stakeholders for a time slot to compete in the Semi-Finals on one of the dates stated in the chart below for the applicable Shopping Mall Series.  Players must arrive at least sixty (60) minutes before the time slot designated by the Tournament Stakeholders. Players are solely responsible for transportation and any other costs associated with physically getting themselves (and their parent, legal guardian or other companions) to and from the Semi-Finals. If a Player fails to arrive on time for his or her scheduled time slot, or is unable to attend the Semi-Finals for any reason, the Player may forfeit their his or her opportunity to compete in the Semi-Finals, and such Player’s scheduled time may be assigned to another person or Player, as determined by the Tournament Stakeholders in their sole discretion.  Without limiting the generality of the foregoing, if an invited Player does not show up at his or her scheduled time, the Tournament Stakeholders reserve the right, using any methods they choose in their sole and absolute discretion, to select another eligible person to compete at the time assigned to the Player who did not show up, and that person shall be treated as a Player from that point going forward.


During the Semi-Finals, Players will need to log-in to both their Simon Cup Account and their Epic Games account (don’t forget your login credentials) to compete during their scheduled time slot by playing Fortnite either for a stated period of time or a stated number of maps (each, a “Semi-Final Session”), as determined by the Tournament Stakeholders in their sole discretion. Each Player’s Semi-Final Session performance will be ranked using the Scoring System. 


At the end of each Semi-Final, the highest ranked eligible Player in each Shopping Mall Series, subject to the tie-break mechanisms described in these Official Rules, will be declared the winner of the applicable Semi-Final (each, a “Semi-Final Winner”). 


At the end of the Mall Series Competition Period, the sixteen (16) highest ranked Players in each Semi-Final in each Shopping Mall Series (i.e. up to thirty-two [32] Players in total] (each, a “Shopping Mall Series Finalist”, and collectively, the “Shopping Mall Series Finalists”), subject to the tie-break mechanisms described in these Official Rules, will be invited to compete in the Live Finals.


If any Shopping Mall Series Finalist does not respond to the invitation within the time required by the Tournament Stakeholders, or if the notification is returned as unclaimed or undeliverable to any Shopping Mall Series Finalist, or if the Shopping Mall Series Finalist  is disqualified for any reason, such Shopping Mall Series Finalist may forfeit his or her opportunity to participate Live Finals and invitations may be extended, as determined by the Tournament Stakeholders in their sole discretion, to the next highest ranked Player from the applicable Semi-Final, to a Player from the “Online Series” (as defined below), or otherwise until all spots in the Live Finals are filled.  Without limiting the generality of the foregoing, if an invited Shopping Mall Series Finalist does not show up at his or her scheduled time, the Tournament Stakeholders reserve the right, using any methods they choose in their sole and absolute discretion, to select another eligible person to compete in the place of the Shopping Mall Series Finalist who did not show up, and that person shall be treated as a Shopping Mall Series Finalist from that point going forward.


Semi-Finals Schedule

East Coast Series

Date

Approximate Start Time

Approximate End Time

October 26, 2019

10:00 am ET

5:00 pm ET

October 27, 2019

11:00 am ET

3:00 pm ET

West Coast Series

Date

Approximate Start Time

Approximate End Time

November 9, 2019

10:00 am PT

5:00 pm PT

November 10, 2019

11:00 am PT

2:00 pm PT

2.1.4. Semi-Finals – Tiebreakers


If two or more Players are tied at the end of any Semi-Final, the tie will be broken by applying the following tie-breaking mechanisms, listed in order of application:


1) Highest number of Victory Royales during the Semi-Final Session;

2) Highest overall Placement during the Semi-Final Session; and

3) Highest number of Eliminations during the Semi-Final Session.


2.2. The Online Series


2.2.1. How to Enter


The Online Series is an online competition where Players compete online from approximately September 30, 2019 through approximately November 10, 2019 (the “Online Series Competition Period”) and the thirty-two (32) highest-ranked Players at the end of Online Series Competition Period are then invited to compete in the Live Finals.  To compete in the Online Series, Players need a digital code that is referred to as an “Online Code” for purposes of this Tournament.  Online Codes will be announced by streamers and influencers designated by the Tournament Stakeholders (the “Streamers”).  A list of Streamers might be provided on the Tournament Website.  Eligible Players may obtain an Online Code free of charge by viewing the Streamers’ channels during the Online Series Competition Period.  Dates and times might also be provided on the Tournament Website.  


After obtaining an Online Code, eligible Players must access the Tournament Website and complete the registration form by filling out all required information to create a free Simon Cup Account, including the Online Code and the Player’s Epic account ID number (this can be found in the settings of the Fortnite account that the Player has with Epic Games).  The Player’s Epic Games account ID number will be tied to his or her Simon Cup Account, which in turn will be associated with the Online Series Leaderboard.  Online Codes will permit Players to register only for the Online Series.  Players are not permitted to switch from the Online Series to the Shopping Mall Series.


2.2.2. Online Series Tournament Play


During the Online Series Competition Period, Players who registered for the Online Series can play Sessions and compete for a spot on the Online Series Leaderboard.  To start a Session, log into your Simon Cup Account and follow the on-screen prompts to start the Session timer.


Players must be logged into their Simon Cup Account to start a Session.  Game play that does not occur during a Session will not count in the Tournament.  Once a Session begins, the Player’s Fortnite game play will be monitored over the next one (1) hour using public game data that is tied to the Player’s unique Epic Games account ID number.  The Online Series Leaderboard will re-set each week, so each week will start a new round of game play (each, an “Online Series Weekly Ladder”).  Players will be ranked on the Online Series Leaderboard based on each Player’s best Session during the applicable Online Series Weekly Ladder.  Players may compete in an unlimited number of Sessions in each Online Series Weekly Ladder, but only the Player’s best Session score will be counted on the Online Series Leaderboard. 


Each Player’s Session performance will be ranked based on the Scoring System and will be automatically updated on the Online Series Leaderboard. Players are not permitted, and will not have the ability, to pause or restart a Session. If Fortnite or the Tournament Website (www.SimonCup.com) undergoes scheduled/unscheduled game maintenance, updates, patches or other unforeseen outages at the start of a Session or during a Session, it is possible that points that could have been earned during such a Session may not be recorded.  The Tournament Stakeholders will use reasonable efforts to schedule planned server maintenance on the Tournament Website between 5:00 am ET / 2:00 am PT – 9:00 am ET/ 6:00 am PT.  The Tournament Stakeholders are not responsible for any computer system, hardware, software or program malfunction, or other errors, failures, hacks, unauthorized access, delayed computer transmissions or network connections which may result in a failure to accurately track or record the number of points or any other aspect of a Player’s performance during a Session. 


At the end of each Online Series Weekly Ladder, top Players from the Online Series Leaderboard will be invited to the Live Finals in accordance with the chart below.  At the end of the Online Series, up to thirty two Players will be invited to compete in the Live Finals (each, an “Online Series Finalist”, and collectively, the “Online Series Finalists”). 


Online Series Competition Period

Weekly Ladder Schedule

 

Start Date

End Date

Number of Finalists

Weekly Ladder 1

September 30, 2019

October 6, 2019

5

Weekly Ladder 2

October 7, 2019

October 13, 2019

5

Weekly Ladder 3

October 14, 2019

October 20, 2019

5

Weekly Ladder 4

October 21, 2019

October 27, 2019

5

Weekly Ladder 5

October 28, 2019

November 3, 2019

6

Weekly Ladder 6

November 4, 2019

November 10, 2019

6

If any Online Series Finalist does not respond to the invitation within the time required by the Tournament Stakeholders, or if the notification is returned as unclaimed or undeliverable to any Online Series Finalist, or if the Online Series Finalist is disqualified for any reason, such Online Series Finalist may forfeit his or her opportunity to participate in the Live Finals and invitations may be extended, as determined by the Tournament Stakeholders in their sole discretion, to the next highest ranked Player from the applicable Online Series Weekly Ladder, to another Player from the Online Series, to a Player from a Semi-Final, or otherwise until all spots in the Live Finals are filled.  Without limiting the generality of the foregoing, if an invited Online Series Finalist does not show up at his or her scheduled time, the Tournament Stakeholders reserve the right, using any methods they choose in their sole and absolute discretion, to select another eligible person to compete in the place of the Online Series Finalist who did not show up, and that person shall be treated as an Online Series Finalist from that point going forward.


At the end of each Online Series Weekly Ladder, the Online Series Leaderboard will reset and Players will have the opportunity to compete for a new ranking in the next Online Series Weekly Ladder until the end of the Online Series Competition Period.  But Players can be an Online Series Finalist only once.


At the end of the Online Series Competition Period, once all Online Series Finalists have been determined by the Tournament Stakeholders, the Online Series Finalists will be ranked based on the higher of a) the sum of their three best hour-long session scores from Weeks 2-6, and b) their best single three-hour session score from Week 1 of the Online Series Competition Period. The highest ranked Online Series Finalist, subject to the tie-break mechanisms described in these Official Rules, will be declared the winner of the Online Series (the “Online Series Winner”). 


2.2.3. Online Series Tie-Breakers


If two or more Players are tied at the end of any Online Series Weekly Ladder, the tie will be broken by applying the following tie-breaking mechanisms, listed in order of application:


1. Highest number of Victory Royales during the Session for the applicable Online Series Weekly Ladder;

2. Highest number of Top 10 Placements during the Session for the applicable Online Series Weekly Ladder;

3. Highest number of Top 25 Placements during the Session for the applicable Online Series Weekly Ladder; and

4. Highest number of Eliminations during the Session for the applicable Online Series Weekly Ladder.


2.3. Las Vegas Finals


At the end of the Mall Series Competition Period and the Online Series Competition Period, up to sixty-four (64) Players will be invited to compete in the Live Finals currently scheduled to be held at the HyperX Esports Arena in Las Vegas Nevada, on November 23, 2019.  Players invited to participate in the Live Finals must arrive on the date and at the time designated by the Tournament Stakeholders.  If a Player fails to arrive on time, or is unable to attend the Live Finals for any reason, the Player may be disqualified as determined by the Tournament Stakeholders in their sole discretion. 


During the Live Finals, Players will compete in a number of sessions of Fortnite play to be designed by the Tournament Stakeholders (“Finals Sessions”).  Each Player’s performance in the Finals Sessions will be ranked based on either Fortnite’s normal scoring system or based on the Allied Esports Scoring System.  At the end of the Finals Sessions, the highest ranked Player will be declared the winner and will be eligible to receive the Grand Prize set forth in Section 9.2. 


2.3.1. Live Finals Tie-Breakers


If two or more Players are tied after the last Finals Session held during the Live Finals, the tie will be broken by applying the following tie-breaking mechanisms, listed in order of application:


1. Highest number of Victory Royales during the Finals Sessions;

2. Highest overall Placement during the Finals Sessions; and

3. Highest number of Eliminations during the Finals Sessions.


3. Missions


From time to time, the Tournament Stakeholder may invite Players to enter into online missions (each, a “Mission”). General information about each Mission and any specific rules that apply to such Mission will be communicated on the Tournament Website. The below are general rules that apply to all Missions related to the Tournament unless otherwise noted.


3.1. Eligibility

Missions are open only to eligible Players that have registered for the Tournament.  Many will enter each Mission, but few will win.  Limit one (1) prize per Simon Cup Account per Mission.


3.2. How to Enter Missions

To enter a Mission you will need to interact with the entry mechanic that has been set up for the Mission on the Tournament Website. 


3.3. Mission Winner Notification


The potential winner(s) of each Mission will be notified through their Simon Cup Account or by email using the email address associated with their Simon Cup Account.  The notification may ask the winner (or, or if such winner is under the age of majority in his or her state of residence [a “minor”] such minor's parent or legal guardian) to confirm or provide contact information so that the Tournament Stakeholders can send the prize to the winner. The Tournament Stakeholders shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If a potential winner does not respond within five (5) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize. If any potential winner is found to be ineligible, or if he or she has not complied with this Paragraph or declines a prize for any reason prior to award, such potential winner will forfeit his or her prize. In the event of a dispute as to the identity of any Player, the affected entry will be deemed submitted by the person identified as the Simon Cup Account holder, provided such Simon Cup Account holder must still meet the eligibility requirements for the Mission. A potential winner may be requested to provide the Tournament Stakeholders with proof that the potential winner is the Simon Account holder associated with the winning entry. If a dispute cannot be resolved to the Tournament Stakeholders’ satisfaction, the affected entry will be deemed ineligible.


3.4. Mission Prizes & Odds


The prizes that are offered in each Mission will be described as part of the Mission entry process. Prizes pictured or described in the Promotional Materials or otherwise are for illustrative purposes only. All aspects of prizes not otherwise described will be determined by the Tournament Stakeholders in their sole discretion. No cash alternative or substitution of prizes will be allowed, except that the Tournament Stakeholders reserve the right in their sole discretion to substitute prize(s) of comparable or greater value if any prize is unavailable, in whole or in part, for any reason. Odds of winning a Mission depend on the number of eligible entries received for that Mission.


3.5. General Mission Prize Conditions


Each prize winner is responsible for paying any federal, state and/or local taxes and for any other fees or costs associated with the applicable prize. If required by law, as determined by the Tournament Stakeholders in their sole discretion, the Tournament Stakeholders reserve the right to withhold (or collect) and remit to the appropriate taxing authorities the amount of any taxes due. Prizes will be delivered only to an address in the United States. The potential winner (or, if the potential winner is a minor, his or her parent or legal guardian) may be required to execute the “Prize Claim Documents” (as defined below). If a winner (or a minor winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification (or a shorter time if required by exigencies), such winner may be disqualified and an alternate winner may be selected.


3.6. General Mission Release


Entrants agree that the Tournament Stakeholders shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Mission or any Mission-related activity, or from entrants' acceptance, receipt, possession and/or use or misuse of any prize. The Tournament Stakeholders assume no responsibility for any damage to a Player’s computer system which occurs by accessing the Tournament Website or participating in a Mission, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Tournament Stakeholders are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. The Tournament Stakeholders reserve the right in their sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of a Mission or the Tournament Website, to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of a Mission, or to annoy, abuse, threaten or harass any other person, and the Tournament Stakeholders reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software generated or other automated multiple entries will be accepted. The Tournament Stakeholders reserve the right to modify, extend, suspend, or terminate any Mission if they determine, in their sole discretion, that the Mission is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond the Tournament Organizers’ control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Mission as contemplated herein. If the Mission is terminated early, the Tournament Stakeholders will (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described on the Mission entry page corresponding with a particular Mission will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. This Section cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of the Tournament Stakeholders. The invalidity or unenforceability of any provision of this Section shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, this Section shall otherwise remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.


3.7. Mission Winner’s List


If the Tournament Stakeholders so elects or if legally required, the names of the prize winners and/or the prize winners' usernames will be posted on the applicable Mission Website.


4. General Eligibility and Player Equipment Requirements


The Tournament is open to legal residents of the 50 United States and the District of Columbia who are not professional gamers and are thirteen (13) years of age or older on the date they register for a Tournament.  Players must be able to provide proof of eligibility.  Please also note that potential Winners will ultimately need to provide proof of residency and tax form information before they are officially declared the Winner.  Section 10, entitled “General Prize Restrictions”, provides more information.  The Tournament is not open to professional gamers, which for purposes of the Tournament means any person who in the past five (5) years has won money playing in an esports tournament or any person who is on or in the past five (5) years has been on the roster of an esports team that is part of a professional esports league.  Eligibility determinations will be made by the Tournament Stakeholders in their sole and absolute discretion, and such determinations are not subject to challenge or appeal. The Tournament is void where prohibited by law.


Players are required to have an Epic Games account, or are required to sign up for an Epic Games account if they do not already have one, and share the Epic Games Account ID Number (this can be found in the settings of the Fortnite account that the Player has with Epic Games).  The Player’s Epic Games account ID number will be tied to his or her Simon Cup Account user name (“User Name”).  Each Player will be known publicly by his or her User Name, rather than his or her real name, until the later stages of the Tournament when Player names may be revealed.  Each Player understands and agrees that the User Name they use in the Tournament must comply with the Code of Conduct described in Section 7 and cannot be a User Name that violates or infringes upon the trademark, copyright, publicity rights or other intellectual property or other rights of any other person or entity. 


Any Player who is a Minor must get permission from his or her parent or legal guardian to enter. In addition, if a Minor is going to physically travel to a particular Tournament location, he or she must be accompanied by a parent or legal guardian at that Tournament location, and the Tournament Stakeholders may require additional proof that the Minor has permission from his or her parent or legal guardian to participate.  The form of that additional proof will be determined by the Tournament Stakeholders in their sole discretion.


Officers, directors and employees of the Tournament Stakeholders, and each of their immediate family members (spouses and siblings, parents and children and their spouses) are not eligible to participate in the Tournament.

To compete in the Weekly Ladders or the Online Series Weekly Ladders, Players must have access to the Internet and supply their own equipment needed to participate in the Tournament, including, without limitation, monitors and PCs, controllers, headphones and headsets, cables and a copy of or authorized access to Fortnite and valid access to the game servers, Fortnite competition mode and game levels that will be played in the Tournament, as applicable (collectively, “Player Equipment”).  Supported Systems: Windows and MacOS only (Xbox, PlayStation, and mobile versions are not supported).  Unless otherwise communicated as part of the invitation process tied to the Semi-Finals and the Live Finals, the Tournament Stakeholders will supply the equipment needed to participate in the Tournament for the Semi Finals, and the Live Finals. 

During the Semi-Finals and Live Finals, Players may not use or wear any sponsored or logoed apparel or attire and may not use or wear any headsets, earbuds, microphones or other Player Equipment other than those approved by the Tournament Stakeholders. Player Equipment that is suspected by the Tournament Stakeholders of providing an unfair competitive advantage will not be approved for use. At their discretion, Tournament Stakeholders may disallow the use of any individual piece of Player Equipment for reasons related to a Tournament’s security, operational efficiency or effectiveness.

Please note that Players who participate in the Semi Finals or the Live Finals will be required at some point during the Tournament to execute and deliver “Winner Forms” (as defined in Section 11) as a condition of participating further in the Tournament.

5. How to Apply to Play in A Tournament


To register for the Tournament using a Gold Ticket or an Online Code, visit the Tournament Website and follow the instructions about how to register as a Player.  Your registration information will be collected and used in accordance with the privacy policy posted on the Tournament Website and, notwithstanding anything to the contrary stated therein, such information will be shared by and between Allied Esports and Simon and used by Allied Esports and Simon in accordance with their respective privacy practices, which for Allied Esports includes the privacy policy and terms of use (the “Allied Esports Policies”) posted on www.AlliedEsports.gg (the “Allied Esports Website”), and the privacy policy and terms of service posted on the Tournament Website (the “Tournament Policies”), all of which are incorporated herein by this reference.  The information you share will also be shared with Simon and used by Simon in accordance with the privacy policy and terms of use (the “Simon Policies”) posted on www.Simon.com/legal/privacy (the “Simon Website”). Please review the Allied Esports Policies, the Simon Policies, and the Tournament Policies carefully before participating in the Tournament. In the event of a conflict or inconsistency between the terms of these Official Rules and the terms of the Allied Esports Policies, the Simon Policies, or the Tournament Policies, the terms of these Official Rules shall prevail, govern and control with respect to the Tournament and information collected in the course of the Tournament.  Notwithstanding anything to the contrary in the Allied Esports Policies, the Simon Policies or the Tournament Policies, the Tournament Stakeholders may share Player information with the other Tournament Stakeholders, who will use such information to the extent needed to perform their duties and functions in connection with the Tournament, or otherwise in accordance with their own independent privacy practices. In addition, the Tournament Stakeholders may engage third party application providers and other vendors to administer certain aspects of the Tournament, including without limitation, the online collection of Player information. Such third parties will provide your personally identifiable information to Allied Esports and the other Tournament Stakeholders and use your information for their own independent purposes in accordance with their own independent privacy practices. Allied Esports is not responsible for the storage or any use of your entry information by such third parties or the other Tournament Stakeholders.

6. Player Appearance Release


By participating in the Tournament, each Player hereby irrevocably grants the Tournament Stakeholders and each of their respective licensees, successors and assigns, permission to stream, film, photograph and record the Player’s performance in the Tournament itself and in other Tournament-related activities, including the Player’s name, User Name, logo, avatar, gamertag or equivalent, voice, statements, likeness and other personal characteristics, information and so-called publicity rights as they appear therein (collectively, the “Appearance”) and the right, but not the obligation, to distribute, exploit or otherwise use such Appearance, in whole or in part, in any and all media, now known or hereafter devised, throughout the Universe in perpetuity, for any purpose, including but not limited to, in advertising, marketing, promotional and publicity materials for the Tournament, Allied Esports, Simon and the other Tournament Stakeholders and future tournaments.

As between each Player on the one hand, and Allied Esports and Simon, on the other hand, the Appearance (excluding the Fortnite game footage, which is owned by Epic Games) shall be deemed a work-made-for-hire for Allied Esports and Simon prepared as a work specifically ordered and/or commissioned by Allied Esports and Simon, and therefore, Allied Esports and Simon shall be the author and exclusive copyright owner of the Appearance for all purposes throughout the Universe. If under applicable law the foregoing is not effective to place authorship and ownership thereof and all rights therein in Allied Esports and Simon, then by way of assignment and transfer of present and future copyright and otherwise, each Player hereby irrevocably grants, transfers, sells and assigns to Allied Esports and Simon, all of his or her right, title and interest in and to the Appearance throughout the universe in perpetuity. Each Player agrees to execute and deliver such further documents and to do such further acts as may be necessary to evidence, effect, perfect, register, or enforce Allied Esports’s and Simon’s ownership of such rights.

Allied Esports and the other Tournament Stakeholders shall have the right, in their sole discretion, to edit, composite, morph, scan, dub, duplicate, fictionalize or otherwise alter the Appearance for any purpose which Allied Esports or the other Tournament Stakeholders deem necessary or desirable. To the fullest extent allowable under any applicable law, each Player hereby irrevocably waives any and all so-called moral rights or “droit moral” rights (which shall include, without limitation, any similar or analogous rights under applicable laws of any country in the world [including, without limitation, the so called right of paternity (droit a la paternite) right of integrity (droit au respect de l’oeuvre) right of withdrawal (droit de retrait or droit de repentir) and/or right of publication (droit divulgation)] he or she may have in the Appearance, and agrees that he or she will make no claim of any kind against Allied Esports or the other Tournament Stakeholders as a result of any of the uses described above, and irrevocably and unconditionally waives and releases Allied Esports and the other Tournament Stakeholders from any and all claims, demands, and liabilities of any kind or nature whatsoever arising out of or in connection with such use including, without limitation, any and all claims, demands, or liabilities for invasion of privacy, infringement of the right of publicity, defamation (including libel and slander) and any other personal and/or property rights. Each Player expressly acknowledges that Allied Esports and the other Tournament Stakeholders and other Players will contribute to the Appearance and other works that will embody all or part of the Appearance. Accordingly, if under any applicable law, the above waiver or assignment by a Player of “moral rights” or “droit moral” is not effective, then each such Player agrees to exercise such rights in a manner which recognizes the contribution of and will not have a material adverse effect upon such other parties.

Allied Esports and Simon shall have the right to freely assign their respective rights hereunder, in whole or in part, to any person or entity. Allied Esports and Simon shall retain the rights granted in the Appearance even if the Player is disqualified or fails to meet the eligibility requirements.

7. Code of Conduct


All Players are expected to exhibit good sportsmanship and maintain respect for one another and for all Tournament staff and spectators. Players must follow all instructions of the Tournament Stakeholders. Players may not text/email or use social media during any Match at any phase of the Tournament. Players are expected to play at their best at all times within the Tournament and to avoid any behavior inconsistent with the principles of good sportsmanship, honesty, or fair play. Any Player behaving inappropriately, or not competing in compliance with these Official Rules (including the Game Play Rules), as determined by the Tournament Stakeholders in their sole discretion, may be immediately disqualified from the Tournament and forfeit all potential prizes. Further, the Tournament Stakeholders reserve the right, in their sole discretion, to ban disqualified Players from any future tournament or event organized by the Tournament Stakeholders. Behavior that is considered to be inappropriate and in violation of the Code of Conduct includes, but is not limited to, the following:

Interfering with the operation of the Tournament, the Allied Esports Website, or the Tournament Website;

Acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Tournament, or to annoy, abuse, threaten or harass any other person;

Engaging in collusion (e.g., any agreement between two [2] or more Players or to pre-determine the outcome of a Match);

Cheating of any sort through any means;

Intentionally delaying or slowing gameplay or tampering with gameplay in any other known or unknown manner;

Offensive, vulgar or obscene User Names, avatars, logos, branding or gamertags;

Sexism, ageism, racism or any other form of prejudice or bigotry;

Engaging in violence or any activity which is deemed in the judgment of the Tournament Stakeholders to be immoral, unethical, disgraceful, or contrary to common standards of decency;

Engaging in any activity that is illegal in the jurisdiction where the affected Player is located;

Offering any gift or reward to a Player, the Tournament Organizer for assistance designed to provide a competitive advantage to the person offering the gift or reward or designed to impose a competitive disadvantage on any opponent;

Betting or gambling on any Player’s performance (including your own) or the results of the Tournament or any phase of the Tournament;

Making any modification to Fortnite that has not been disclosed to and authorized by the Tournament Stakeholders;

Intentionally using any in-game bugs or so-called “hacks” to seek an advantage;

Using any language or wearing any clothing or apparel that is obscene, foul, vulgar, insulting, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable, or promotes or incites hatred or discriminatory conduct;

Using any Tournament facilities, services or equipment provided or made available by the Tournament Stakeholders to post, transmit, disseminate or otherwise make available any communications prohibited by this Code of Conduct;

Taking any action or performing any gesture directed at an opposing Player, official or spectator, or inciting any other individuals to do the same, which is insulting, mocking, disruptive or unsportsmanlike;

Touching or otherwise interfering with lights, cameras or other studio equipment;

Engaging in any other type of behavior or conduct deemed inappropriate by the Tournament Stakeholders in their sole discretion;

During the Shopping Mall Series, violation of the Shopping Mall's Code of Conduct or other applicable rules; or

Otherwise violating these Official Rules.


Any Player who violates the Code of Conduct may be disqualified, and the Tournament Stakeholders reserve the right to seek damages and other remedies from any such Player to the fullest extent permitted by law.


CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE ANY WEBSITE OR EQUIPMENT USED IN CONNECTION WITH THE TOURNAMENT, TAMPER WITH THE TITLE GAME OR THE TOURNAMENT FORMAT, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE TOURNAMENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE TOURNAMENT ORGANIZERS RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH PLAYER(S) AND TO PURSUE ALL REMEDIES AVAILABLE TO THEM TO THE FULLEST EXTENT PERMITTED IN EQUITY OR UNDER THE LAW.

8. Game Play Rules


These are the “Game Play Rules” governing how Fortnite is played during the Tournament.

8.1. Game Settings

· Solos


8.2. Match Obligations


8.2.1. Punctuality

Except as otherwise stated herein, all Players must be physically present at the location specified by the Tournament Stakeholders by the start time for all Semi-Finals and Live Finals events. Players that are not ready to play within sixty (60) minutes of the designated start time are subject to penalties including a possible forfeiture.


8.2.2. Forfeits

Players may not voluntarily forfeit a Session without prior authorization from Tournament Stakeholders and, even with authorization, are subject to further penalties for forfeiting.

8.3. Game Disruptions


8.3.1. Maintenance


If Fortnite or the Tournament Website (www.SimonCup.com) undergoes scheduled/unscheduled game maintenance, updates, patches or other unforeseen outages at the start of a Session or during a Session, it is possible that points that could have been earned during such a Session may not be recorded.  The Tournament Stakeholders will use reasonable efforts to schedule planned server maintenance on the Tournament Website between 5:00 am ET / 2:00 am PT – 9:00 am ET/ 6:00 am PT.  The Tournament Stakeholders are not responsible for any computer system, hardware, software or program malfunction, or other errors, failures, hacks, unauthorized access, delayed computer transmissions or network connections which may result in a failure to accurately track or record the number of points or any other aspect of a Player’s performance during a Session. 


8.3.2. Disconnects

If a Player disconnects during a Session phase, he/she may forfeit the right to make certain selections in the Session if one has not already been made. He/she must try to re-join the Session immediately. If he/she is unable to rejoin the Session before the Session begins, the Session may be restarted. If a Player disconnects within the first 15 seconds of the Session and no damage has been dealt or no points have been earned prior to the disconnect, the Session may be restarted. If a Session disconnects after the first 15 seconds and/or damage has been dealt or points have been earned, the Session must continue. The Player may re-join the Session as soon as he or she can.

8.3.3. Pauses

The Tournament Stakeholders may pause a Session at any time and for any reason. In the event of a pause, Players must remain at their devices and may not communicate with other Players until the Session is resumed.


8.3.4. Restarts

The Tournament Stakeholders may order a Session restart due to exceptional circumstances, such as if a bug significantly affects a Player’s ability to play or a Match is unable to finish, or if the Session is disrupted by a Force Majeure or other event.


8.4. Cheating

Any cheating, as determined by the Tournament Stakeholders in their sole discretion, will result in an immediate forfeiture and additional penalties depending on the severity of the infraction.


8.5. Names, Logos, and Branding Restrictions

The Tournament Stakeholders reserve the right to reject, in their sole discretion, names, logos, avatars or branding that violate the Code of Conduct, including without limitation, any that:

infringe upon the rights of any 3rd party rights without explicit written permission

Resemble or are identical to a brand or trademark

Resemble or are identical to another identity or person

Resemble or are identical to the name or persona of Tournament Stakeholders or other Players.


8.6. Dress Code

All Players must wear appropriate attire at the Tournament. Jerseys and all other attire worn at the Tournament are subject to the restrictions set forth in Section 8.5 above.


8.7. Other Content

Content falling under the following categories may not be displayed during official Tournament play:


Any competitor of Simon or brands in categories that have been granted exclusive sponsorship rights for the Series or Tournament by the Tournament Stakeholders

Religious programming, political matters

900 numbers

X-rated material

Habit-forming drugs, drug related paraphernalia

Herbal remedies or “miracle cure” products

Tobacco products

Any adult-oriented products or services (including adult-oriented pay per view programs and male enhancement products)

Salacious products or services or other material which would generally be considered obscene or indecent

Content that a reasonable person would deem objectionable, indecent, vulgar or offensive

Content which promotes discrimination, hate, violence, the use of illegal substances, illegal activity, mail fraud, pyramid schemes, or investment opportunities or advice not permitted by applicable law

Content which is unlawful, pornographic, libelous, defamatory, or violates a third party’s privacy or publicity rights

Content which constitutes hate speech

Content which discriminates, ridicules, advocates against, harasses, or attacks an individual or group on the basis of age, color, national origin, race, religion, sex, sexual orientation, gender identity, or disability

Any other activity that contravenes any applicable laws or regulations (including lotteries, illegal gambling products or other illegal wagering activity)


8.8. Penalties

Players who break the rules in this document are subject to penalties including (but not limited to) the following:

Game Restart

Loss of Game

Game Forfeiture

Removal from the Series

Temporary Player Bans

Permanent Player Bans


Any penalties imposed on a Player may be made available to the public by the Tournament Stakeholders in their sole discretion.


8.9. Finals Attendance


Eligible Players will receive an invitation from the Tournament Stakeholders to participate in the Live Finals.


8.9.1. Travel Accommodations


Travel will be provided only in connection with the Live Finals and only to Players competing in the Live Finals.  Such travel consists of one (1) coach-class airfare for the invited Player, if a flight is necessary.  Players are responsible for arranging and paying for any ground transportation needed while they are competing at the Live Finals. Any additional support individuals affiliated with the Player, whether a friend, coach, manager, or parent/guardian, are responsible for their own transportation costs. Minor Players must be accompanied by their parent or legal guardian or travel with the consent of their parent or legal guardian pursuant to documentation deemed acceptable to the Tournament Stakeholders in their sole and absolute discretion.


Players must possess all required travel documents, including visas and valid passports, if and as applicable. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The Tournament Stakeholders reserve the right to structure travel route and select hotels in its sole discretion. If the closest airport to any Player’s home is in close enough proximity to the city where the Live Finals are being held so that, as the Tournament Stakeholders may determine in their sole discretion, a flight is unnecessary, travel will not include air transportation from Players’ residence to the city where the Live Finals are being held, and no other substitution or compensation will be provided in lieu thereof. Changes are not permitted after ticket issue. The round trip air transportation element for any travel prize begins and ends at the point of departure (unless otherwise specified herein).  All aspects of travel must be conducted on such dates as determined by the Tournament Stakeholders in their sole discretion.  The dates of departure and return are subject to change at the Tournament Stakeholders’ sole discretion. 


8.9.2. Hotel Accommodations


The Tournament Stakeholders will provide one (1) hotel room for every Player invited to the Live Finals, for the duration of the Live Finals.  Minor Players will be assigned hotel rooms with their parent or guardian. Player(s) must comply with all hotel check-in requirements, including but not limited to the presentation of a major credit card and are responsible for any incidentals or costs incurred to any hotel rooms including room service or damage.


8.9.3. Punctuality


Upon arrival, Players will receive a schedule for the Live Finals. Players are required to arrive at the designated location by the listed call times, and are expected to be available at the Live Finals venue for the duration of all competitive days of the Live Finals.


9. Prizes


Prizes are available for the Semi-Final Winners, the Online Series Winner and the winner of the Live Finals. The prizes will be awarded to the Players in accordance with Sections 9.1, 9.2 and 93, subject to the “General Prize Restrictions” described in Section 10 below.


9.1. Semi-Final Winners


There will be one (1) East Coast Series Semi-Final Winner and one (1) West Coast Semi-Final Winner.  Each eligible and confirmed Semi-Final Winner in the Shopping Mall Series will be awarded the following “Mall Series Semi-Final Prize”: Ten Thousand Dollars ($10,000), awarded in the form of Simon Malls Gift Cards in denominations designated by the Tournament Stakeholders in their sole discretion (Approximate Retail Value [“ARV”]: $10,000) (less applicable taxes).  Each gift card is subject to additional terms and conditions and redemption restrictions, available at: https://www.simon.com/giftcard/terms_and_conditions.aspx.


9.2. Online Series Winner


There will be one (1) Online Series Winner.  The eligible and confirmed Online Series Winner will be awarded the following “Online Series Prize”: Ten Thousand Dollars ($10,000), awarded in the form of Simon Malls Gift Cards in denominations designated by the Tournament Stakeholders in their sole discretion (ARV: $10,000) (less applicable taxes).  Each gift card is subject to additional terms and conditions and redemption restrictions, available at: https://www.simon.com/giftcard/terms_and_conditions.aspx.


9.3. Finals


The eligible and confirmed winner of the Live Finals will be awarded the following “Grand Prize”: Fifty Thousand Dollars ($50,000), awarded in the form of Simon Malls Gift Cards in denominations designated by the Tournament Stakeholders in their sole discretion (ARV: $50,000) (less applicable taxes).  Each gift card is subject to additional terms and conditions and redemption restrictions, available at: https://www.simon.com/giftcard/terms_and_conditions.aspx.


10. General Prize RestrictionS


Each Player who has been declared the winner of a prize in the Tournament will not be an official winner (each such individual, a “Winner”) unless and until they execute (and, if the potential winner is a Minor, their parent or legal guardian executes) an Affidavit of Eligibility, a Liability Release, and where imposing such condition is legal, a Publicity Release and provide any required payment information and sign and deliver any tax forms (“Winner Forms”) that are need to effectuate payment. If a Player (or a Minor Player’s parent or legal guardian) fails or refuses to sign and return all the Winner Forms within ten (10) days (or a shorter time if required by exigencies) after receiving them, the Player may be deemed to have waived his or her prize.  In the event a Player waives his or her prize, the Tournament Stakeholders reserve the right, but not the obligation, to award the affected prize to the next highest ranked Player. Within sixty (60) days of receiving an executed copy of the Winner Forms, or as soon thereafter as reasonably practicable, the Tournament Stakeholders will deliver the applicable prize(s) to the corresponding Winner.  Failure to take delivery of any prize may result in forfeiture, and such prize may be awarded to an alternate Winner in accordance with the terms and conditions of these Official Rules. Prizes may not be transferred or assigned until after a Winner has complied with all his or her obligations under these Official Rules. No substitutions may be made for prize(s), except by the Tournament Stakeholders who reserve the right to substitute a prize in whole or in part with another prize of comparable value if the intended prize is not available for any reason as determined by the Tournament Stakeholders in their sole discretion. By participating in the Tournament, Winner acknowledges that Tournament Stakeholders have not and will not obtain or provide insurance of any kind relating to the prizes. Winner will be responsible for all taxes (including but not limited to federal, state, local and/or income) on any prize won and on the value of any items or value transferred to the Player by the Tournament Stakeholders and will be required to provide his/her Social Security number, IRS Form W­8BEN, IRS Form W­9, or equivalent information for tax reporting purposes (at a time to be determined in the Tournament Stakeholders’ sole discretion and which may be prior to participation in a particular round or prior to receipt of any prize by Player).  The Tournament Stakeholders may, in their sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize.  The Tournament Stakeholders will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to the Player by the Tournament Stakeholders in accordance with IRS requirements, and the Tournament Stakeholders may also share such documentation with a state or local government agency as required by law. Refusal or failure of a Winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W­8BEN, IRS Form W­9, or equivalent information), as determined by the Tournament Stakeholders in their sole discretion, will result in the Winner forfeiting the prize(s) and an alternate Winner being selected in accordance with these Official Rules. The Tournament Stakeholders will award prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize. Winners who do not claim the prize or satisfy the information or documentation requirements within the time as designated by the Tournament Stakeholders may be deemed to have waived the prize, in which case the Tournament Stakeholders shall have no further liability or responsibility to such Player(s) in connection with the prizes.

Any prizes described or pictured in advertising, marketing, promotional and/or other Tournament materials are for illustrative purposes only. The actual prize may vary. In the event there is a conflict, discrepancy or inconsistency between the description or depiction of a prize contained in any such materials and the description of a prize contained in these Official Rules, these Official Rules shall prevail, govern and control. All details and other restrictions of any prize not specified in these Official Rules will be determined by the Tournament Stakeholders in their sole discretion.

11. Disclaimer of Warranties


The Tournament Stakeholders make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Tournament. WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING AND WITHOUT ABROGATING THE ALLIED ESPORTS POLICIES OR THE END USER LICENSE AGREEMENT FOR FORTNITE OR OTHER AGREEMENTS THAT APPLY TO FORTNITE, THE TOURNAMENT STAKEHOLDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE FORTNITE SOFTWARE, EQUIPMENT AND THE OPERATION OF THE TOURNAMENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND THEIR EQUIVALENTS, UNDER THE LAWS OF ANY JURISDICTION.

12. Important. Please Read – General Release and Limitation on Liability


Each Player knowingly consents to participate in any or all Tournament activities under his or her own free will and without duress or undue influence of any third party.


BY ENTERING AND/OR OTHERWISE PARTICIPATING IN THE TOURNAMENT, EACH PLAYER, ON BEHALF OF HIMSELF OR HERSELF AND HIS OR HER HEIRS, HEREBY RELEASES, DISCHARGES AND HOLDS THE TOURNAMENT STAKEHOLDERS HARMLESS FROM AND AGAINST ANY AND ALL ACTUAL AND POTENTIAL, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED CLAIMS, DEMANDS, CAUSES OF ACTION, COSTS, LOSSES, INJURIES, LIABILITIES AND DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION MENTAL AND/OR PHYSICAL INJURIES OR DEATH AND DAMAGES TO OR LOSS OF PERSONAL PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO PARTICIPATING IN THE TOURNAMENT, ATTENDING OR PARTICIPATING IN ANY TOURNAMENT-RELATED EVENT OR ACTIVITY AND/OR THE USE OR MISUSE OF ANY PRIZE.


The Tournament Stakeholders are not responsible for any incorrect or inaccurate information or other materials, on, associated with or utilized as part of the Allied Esports Website or the Tournament Website, and the Tournament Stakeholders assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Allied Esports Website or the Tournament Website or the field of play in Fortnite. Although the Tournament Stakeholders attempt to ensure the integrity of the Tournament, the Tournament Stakeholders are not responsible for the actions of Players in connection with the Tournament, including a Player’s attempt to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Tournament. Without in any way limiting the generality of the foregoing, each Player agrees that the Tournament Stakeholders shall not be responsible or liable for, and are hereby released from, any and all claims, costs, injuries, losses or damages of any kind, relating to any of the following:


incomplete, lost, late, misdirected or illegible registrations or the failure to receive registrations due to any cause, including without limitation human or technical problems, failures, or malfunctions of any kind, whether originating with Player, the Tournament Stakeholders, or otherwise, that may prevent or limit a Player’s ability to participate in the Tournament or send or receive messages requiring action or response by such Player;


any computer system, gaming console, phone line, hardware, software or program malfunctions, or other errors, failures, hacks, unauthorized access, delayed computer transmissions or network connections which may result in alteration of Fortnite game play or affect Tournament results; and


any problems or technical malfunction of any network or lines, servers or providers, equipment, or software, including any injury or damage to Player Equipment resulting from participation in the Tournament.


13. Indemnification


Each Player hereby agrees to indemnify and hold each of the Tournament Stakeholders and all the Tournament Stakeholders harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all third party damages, liabilities, costs and expenses, including reasonable outside legal fees and costs (collectively, “Third Party Claims”) relating to or arising out of any breach of any of the warranties, representations, covenants, obligations or agreements of the Player under these Official Rules.

The indemnification obligations hereunder shall survive the expiration or earlier termination of the Series and Tournament.

14. Force Majeure


The Tournament Stakeholders reserve the right to modify, suspend, extend or terminate the Tournament or any part thereof if the determine, in their sole discretion, that the Tournament is technically impaired or corrupted or that fraud or technical problems, failures, malfunctions or other causes have destroyed, corrupted or undermined the administration, security, fairness, integrity, proper play or feasibility of the Tournament or any portion thereof as contemplated herein. In the event the Tournament Stakeholders are prevented from continuing with the Tournament by any event beyond their control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the Tournament Stakeholders’ control (each a “Force Majeure” event or occurrence), the Tournament Stakeholders shall have the right to modify, suspend, extend or terminate the Tournament.

The Tournament Stakeholders, in their sole discretion, may require the replaying of any Fortnite map (each, a “Match”), or declare any Match or other phase of the Tournament null and void by reason of any of the foregoing. In the event the Tournament Stakeholders determine, in their sole discretion, that any individual Match or other phase of the Tournament, has been tampered with or that the validity of any Match or other phase of the Tournament has been compromised for any reason, it may eliminate that Match or other phase of the Tournament, and may conduct the Tournament on the basis of the remaining Match(es) and/or other phases of the Tournament.


15. Disputes


These Official Rules are governed by the state and federal laws that apply to the State of New York, United States of America. Except as otherwise provided herein, any legal suit, action or proceeding arising out of or relating to these Official Rules, the operation of the Tournament or otherwise, will be resolved by litigation in the courts located within the City and County of New York in the State of New York, United States of America. You, as a Player, hereby consent to the exclusive jurisdiction of and venue of such courts, will accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to you. Any dispute or claim relating in any way to these Official Rules, the terms thereof, or the Series or Tournament will be resolved by binding arbitration as described in this paragraph, rather than in court, in the City and County of New York, New York, except that (a) Player may assert claims in a small claims court if your claims qualify, and (b) either Party may bring suit by submitting to the courts in the aforementioned jurisdiction and waiving such Party’s respective rights to any other jurisdiction to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this agreement as a court would.  For Player to begin an arbitration proceeding, Player must send a letter requesting arbitration and describing the claim to the Tournament Stakeholders’ registered agent or principal place of business, which for Allied Esports is 4000 MacArthur Blvd, Suite 600 East Tower, Newport Beach, CA 92660.


By participating in the Tournament in any way, each Player unconditionally consents and agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the Tournament Stakeholders arising out of, relating to, or connected in any way with the Tournament or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in New York, NY; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Player may have entered into in connection with the Tournament; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the affected Player’s and/or the applicable the Tournament Stakeholders’ individual claims; the arbitrator may not consolidate or join the claims of other Players, persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the Player or any of the Tournament Stakeholders; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any of the Tournament Stakeholders exceed $125 USD, and the Player is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, the Tournament Stakeholders agrees to pay them and/or forward them on the Player’s behalf, subject to ultimate allocation by the arbitrator.  In addition, if a Player is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Tournament Stakeholders will pay as much of the Player’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither the Player nor the Tournament Stakeholders shall be entitled to arbitrate their dispute.  For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com. 


16. Winner’s List / Official Rules


To obtain a copy of any legally required winner’s list, visit the Tournament Website within six (6) weeks after the end of a Tournament. These Official Rules will be posted on the Tournament Website during the Tournament.


17. Invalidity / Headings


These Official Rules and the other agreements referenced herein constitute the full and complete agreement and understanding between each Player and the Tournament Stakeholders in connection with the Tournament and replace and supersede all prior negotiations, agreements or understandings that may have been entered into between such Player and such Tournament Organizer with respect to the subject matter hereof. These Official Rules cannot be modified or amended in any way except by a written instrument signed by Allied Esports. The waiver of any term, condition, or breach of these Official Rules shall not be deemed to be a waiver of that breach or any other term or condition in the future. The invalidity or unenforceability of any provision in these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for convenience and ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.


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