FORTNITE COMPETITION ENTRY AGREEMENT (“AGREEMENT”) In consideration of the mutual promises and covenants set forth herein and other good and valuable consideration set forth herein, the receipt and sufficiency of which is hereby acknowledged, the individual submitting this Agreement (“Player”) and Hard Carry Gaming Inc., its parents, subsidiaries, affiliates and their respective officers, agents, directors, successors, employees, licensees and assigns (collectively the “Company”, and with Player, the “Parties”) agree as follows:
Player desires to enter into the Company’s Fortnite competition (“Competition”) by submitting to the Company the attached clip/replay file of Player’s entry into the Competition (“Submission”). The Parties acknowledge and agree that Player is permitted to submit any number of Submissions to enter into the Competition. Player represents and warrants that the Submission is not false, misleading, fraudulent, or the result of any cheat, hack, or any other kind of illicit software which may compromise the integrity of the Competition. Only legal residents of the European Union and the United States who are 15 years old or older are eligible to participate. The Company reserves the right to disqualify any Player Submission in the Company’s sole and absolute discretion.
The Company shall select up to ten (10) submissions provided by players entering the Competition (“Finalist Submission”) to participate in the Competition finals (“Competition Finals”). Up to two (2) Finalist Submissions shall be taken from each region. The Company shall select the Finalist Submissions in its sole and absolute discretion, provided that the Company shall primarily consider the following:
• [Aim Course] – [Fastest confirmed times]
• [Speed Run Course] – [Fastest confirmed times]
• [Build/Edit Course] – [Fastest confirmed times]
Player acknowledges and agrees that in order to qualify as a Finalist Submission, Player must agree to the Company’s Finalist Terms and Conditions (“Finalist Agreement”). If Player does not agree to the Finalist Agreement, then the Company shall be permitted to select a different player’s submission as a Finalist Submission, and Player shall not be permitted to participate in the Competition Finals. If selected for the Finalist Submission, Player shall be eligible to win the following prizes:
• First Prize: $7,500.00
• Second Prize: $5,000.00
• Third Prize: $2,500.00
Player hereby irrevocably grants the Company a non-exclusive, worldwide, commercial, assignable, sublicensable, royalty free right and license to incorporate any image, video, clip, photograph, media, or any other associated content provided to Company by Player here under (“Player Content”) in and in connection with the Competition and any other productions, media, content, and/or projects related thereto, throughout the universe in perpetuity, provided the Company does not use or authorize others to use the Player Content in a manner that indicates Player is directly promoting a third-party. The Submissions constitute Player Content. For the avoidance of doubt, the Company shall own all copyrights and other rights in and to the Competition. The Company is under no obligation to use the Player Content in connection with the Competition. The Company, in its sole and absolute discretion, shall be permitted to assign and/or sublicense the Player Content in full to Epic Games (the “Publisher”).
Player warrants and represents that (i) Player has the right to grant the rights granted herein and no additional consent of another party is required in connection therewith, (ii) the Player Content will not violate any intellectual property right of any third party, or any applicable law, including but not limited to the right of privacy. Notwithstanding the forgoing, the Parties agree that the video game developers exclusively own the 17 U.S.C §106 rights associated with the video games relevant to this Agreement and that any broad casting of the video games is made pursuant to a revocable license from the game developer. Player will indemnify and hold the Company harmless from and against any and all claims, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of any breach of this Agreement, including the foregoing warranty. In the event of a claim or controversy arising out of, from, or in connection with this Agreement, the Competition, or use of the Player Content, the Parties agree that their rights and remedies will be limited to the right to recover money damages, if any, in an action at law, and in no event will either Party be entitled to rescind or terminate any of the rights herein granted or to injunctive relief.
No monetary compensation shall be due and owing to Player or any third-party for the rights granted hereunder. Player is granting the rights herein in exchange for the opportunity for Player to compete in the Competition Finals, which constitutes full and fair consideration. Player agrees and acknowledges no additional payments, royalties, consideration or consents are required in connection with the Company’s use of the Player Content or any of the rights granted by Player herein. Player agrees to the Company’s Privacy
Policy set forth here.
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid for any reason, the remainder of this Agreement shall not be deemed invalid but shall remain in full force and effect, and shall be enforced to the fullest extent permitted by law. The Parties hereby agree that the laws of the State of California will govern its resolution, without regard to any conflict of laws principles, and that the exclusive venue for the resolution of any dispute will be in Los Angeles County, in the State of California.
By submitting your information and replay, Player hereby irrevocably grants the Company the rights set forth in this Agreement and agrees to all of the conditions stated above.