Last Updated January 13, 2021

PlayVS College Fall 2020 Scholastic Award Program Supplement

to the Terms of Use

These PlayVS College Fall 2020 Scholastic Award Program Terms and Conditions (these “Program Terms”) supplements our Terms of Use, between you and us, and govern your participation in the Play Versus Inc. college electronic sports league and competition for the Fall 2020 season (the “Esport League”) and scholarships and awards awarded or made available by PlayVS in connection with the Esport League (each, an “Award” and collectively, the “Awards”).

By (i) accessing, enrolling, participating in or signing up for the Esport League, (ii) competing for, requesting or otherwise receiving an Award, or (iii) continuing to access our Service, you signify that you have read, understood, and agree to be bound by these Program Terms, to the collection and use of your information as set forth in the PlayVS Privacy Policy [link] and to our Terms of Use [link]. These Program Terms are hereby incorporated by reference into the Terms of Use, with any proviso that references “the Terms of Use” or “Agreement” being understood as a reference to the Terms of Use and these Program Terms, and any proviso that references “Service” in the Terms of Use being understood to include any services and products contemplated by these Programs Terms, including the Esport League and Awards. Unless otherwise defined in these Program Terms, all capitalized terms used herein shall have the meanings ascribed to such terms in the Terms of Use. In the event of any inconsistency between these Program Terms and the Terms of Use and such inconsistency relates to the Esport League or Awards, the terms of these Program Terms shall govern only to the extent of the conflict.

Participation Eligibility

This is a contract between you and PlayVS. You must read and agree to these terms before enrolling or competing in the Esport League. If you do not agree, you may not enroll or compete in the Esport League and may not compete or receive an Award. You may enroll or compete in the Esport League and compete for an Award only if you can form a binding contract with PlayVS, and only in compliance with these Program Terms, Rules and all applicable local, state, national, and international laws, rules and regulations. Any enrollment in the Esport League or participation in any competition for an Award by anyone under [17] is strictly prohibited and in violation of these Program Terms. Participation in the Esport League or receipt of an Award is not available to any person previously removed or disqualified from the Esport League or disqualified from the receipt of Award by PlayVS.

Participation in the Esport League is limited to students who enroll and compete in Esport League for fall 2020 season. To participate in the Esport League and to be eligible for the Award, you must be a current student of and enrolled at an accredited U.S. college or university, CEGEP (College of General and Vocational Education) Colleges or any university in Canada, with the exception of any university located in Quebec (each, an “Eligible University”).

To qualify for an Award, you must (i) successfully enroll as an individual competing in the Esport League here; (ii) successfully enroll in a team for the Esport League as part of the fall 2020 season here; or (iii) join a validly enrolled team. If you enroll a team or enroll as part of a team, enrollment requires you to build a team (title agnostic) or join an existing team, and compete in the fall 2020 season of the Esport League. A team may only be registered and enrolled in the Esport League if all team members meet the eligibility criteria set forth herein. In addition, you must submit to PlayVS any information it may request in order for it to determine your eligibility to participate and compete in the Esport League and failure to do so may result in your disqualification from the Esport League and forfeiture of any Award you may win or have won.

If you meet all the conditions set forth herein or otherwise communicated to you by PlayVS, you may compete in the Esport League to receive an Award (winners of Awards are determined by PlayVS in its sole and absolute discretion). If you are not enrolled at an Eligible University or otherwise do not meet all of the eligibility qualifications set forth herein, you will forfeit any Award you or your team may win. You must also be enrolled as a student of the Eligible University in which you are registered (i.e., the Eligible University identified by you in connection with your enrollment in the Esport League). If PlayVS, in its sole and absolute discretion, believes you are not registered with the Eligible University identified as part of enrollment or otherwise not qualified to participate or enroll in the Esport League, you acknowledge and agree that PlayVS may declare you and/or your team ineligible to participate in the Esport League and you and/or your team forfeit any Award prizing. PlayVS reserves the right to review all persons enrolled in the Esport League, including any team or player, for eligibility.

Award Details and Awards

Subject to the terms of these Program Terms, if you (whether competing individually or as part of a team) or your teams is validly enrolled for the fall 2020 season of the Esport League, you are eligible to compete to win a share of a PlayVS Award pool (i.e., a pool of funds that will be used to fund Awards for the winning teams). You acknowledge and agree Awards may vary in value by achievement and game title in which you or your team compete in. Notwithstanding anything to the contrary, a winning team is eligible for Awards only if every enrolled player on the team participates in at least one match day, inclusive of substitutes. A team may allow for two to four substitutes (depending on esport title, as laid out in each esport's individual rulebook) of a team member so long as the substitute(s) meets the eligibility qualifications set forth herein and identified on the roster prior to the end of the enrollment period for the team, as described on PlayVS College’s website. Substitutes added to the team after the open enrollment period are ineligible for Award prizes. Each team member must have also played in at least one league week, as determined by PlayVS in its sole discretion, to be eligible for a share of the team’s Award pool.

Awards vary by title (i.e., game titles, such as Fortnite) and level of achievement as outlined on PlayVS’ website and marketing materials. You and your team (if you are part of a team) may only compete in titles approved by PlayVS, as set forth on its website, pursuant to any other terms and conditions provided to you by PlayVS. Individual Award recipients will receive the proceeds of the Award by means approved by PlayVS, including, at the election of PlayVS, by (i) check payable only to the Eligible University identified by such individual as part of the individual’s enrollment in the Esport League, or (ii) direct payment to a deposit or checking account identified by the Award recipient. Awards will be disbursed by PlayVS or its third party service provider or payment processor (“Third Party Processor”). If Awards are is disbursed by check, PlayVS may, at its election, make (or instruct its Third Party Processor to make) such check payable to the Eligible University’s finance department, such funds cannot be used on items other than tuition, books, supplies, and fees assessed by the Eligible University (“Eligible Costs”). Students whose Award winnings exceed the Eligible Costs must cooperate with the Eligible University to determine distribution methods to receive any Award amounts in excess of Eligible Costs. Student-athletes and students who are covered by various Federal grants are responsible for ensuring that receipt of Award does not impact eligibility in such grants. The Award may not be used to cover room or board.

You are responsible for ensuring that you are a registered student with the Eligible Institution identified in connection with your enrollment or participation in the Esport League. If you are a winner of an Award, you must also submit to PlayVS Award distribution information and any other information requested by PlayVS within twenty-one (21) days after delivery of the notice that you are a winner of an Award. Information submitted to PlayVS for purposes of Award distribution and student eligibility may include, but is not limited to: name, date of birth, address, school and personal email address, and phone number. PlayVS will email you if you won an Award to retrieve required information for Award distribution, and any failure to respond in accordance with the terms herein will result in the forfeiture of the Award. No exceptions to this will be made for any reason. You represent and warrant that all information you may provide to PlayVS in connection with these Program Terms, the Esport League or an Award is true, accurate and complete and you will promptly update any such information upon learning it is no longer true, accurate or complete. All Award winner information provided will remain confidential and will not be shared with any third party aside from the parties involved with prize distribution, including Third Party Processors, service providers of PlayVS, the Award administrator and Eligible University. Award winner information will not be stored by PlayVS after the Award has been paid to the recipient; provide, PlayVS may store such information as part of its data backup processes or if otherwise required by applicable law.

Awards may be administered in partnership with third parties partnering with PlayVS, including Third Party Processors. PlayVS reserves the right to change the method of Award distribution or distribution partner, including Third Party Processor, at any time.

Offer Qualifying Period

Fall 2020 season of the Esport League starts September 28, 2020 and ends on December 6, 2020. You and your team (if you are part of a team) must be enrolled by the end of the open enrollment period within each season to qualify for Awards and any outstanding invoices/fees must be fully paid, where applicable. PlayVS reserves the right to extend the registration window for either or both seasons of the Esport League. Teams that play in either season are eligible to qualify for Awards related to the specific season in which they are participating.

Qualifying School Announcement

PlayVS will announce scholarship winners after the conclusion of the Fall 2020 Season. Awards amounts will be based on criteria outlined within each title’s prizing information outlined on PlayVS’ website/marketing materials throughout the Fall 2020 season. All fall scholarships will be disbursed by Feb 15, 2021.

Esport League Competition Rules

It is your responsibility to ensure that you understand and will abide by the standard PlayVS Esport League rules at all times (the “Rules”), and that you review the standard Rules from time to time as they may change. Rules may also apply to specific game titles, and you may find such Rules on the PlayVS website. Your failure to follow the Rules may result in termination of your enrollment and participation in the Esport League and your eligibility for an Award.

You may not engage in the following prohibited activities: sharing of personal information (your name, phone number, home address, and password) with other players competing in the Esport League; substituting yourself for more than one competition within the same competition group; lying, or cheating to gain competitive advantage; collusion with another person to attempt to gain an unfair advantage; impersonating any person or misrepresenting the players identity; intentionally creating lag or disconnecting their internet connection; any behavior that is likely to upset, embarrass, alarm, or annoy any person; any behavior that is defamatory, obscene, indecent, abusive, violent, hateful, sexually explicit, discriminatory, or otherwise objectionable behavior; advocating, promoting, or assisting in any illegal activity; using any service we provide in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); or impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.

Any violation of these Program Terms or Rules may result in the forfeiture of any Award you may be eligible for or may have otherwise won.

Term, Termination and Survival

Notwithstanding the terms of the Terms of Use, these Program Terms will commence as of the earlier of the date you agree to these Program Terms and will continue thereafter through the earlier of (i) the end of the spring 2021 season of the Esport League and (ii) your or your team’s completion of the competition for which you or your team signed up for as part of the Esport League, unless sooner terminated pursuant to the terms herein.

In addition to any termination rights set forth in the Terms of Use, PlayVS may terminate these Program Terms at any time without notice, or suspend or terminate your access and participation in the Esport League and your eligibility for an Award at any time, with or without cause, in our absolute discretion and without notice. If you terminate your participation in the Esport League or otherwise terminate these Program Terms pursuant to your rights under the Terms of Use, you understand that you and your team may no longer be eligible to compete in the Esport League or receive Awards.

Without limiting the survival provision set forth in the Terms of Use, provisions of this Agreement that, by their nature, should survive termination of this Agreement shall survive termination (including, but not limited to, this section titled “Term, Termination and Survival,” the section titled “Indemnity,” the section titled “No Warranty,” the section titled “Limitation of Liability” and the section titled “General”).

Indemnity

In addition to the indemnification obligations set forth in the Terms of Use, you agree to defend, indemnify and hold harmless PlayVS and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your participation or enrollment in the Esport League, including your competing for an Award; (ii) your violation of any term of these Program Terms, including without limitation your breach of any of the representations and warranties set forth herein, or Rules;; and (iii) your willful misconduct or any fraudulent or negligent act by you.

No Warranty

EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, PLAYVS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATED TO THESE PROGRAM TERMS, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS HEREBY EXCLUDED BY PLAYVS UNDER THESE PROGRAM TERMS. THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTHING HEREIN SHALL BE INTERPRETED AS RESTRICTING OR OTHERWISE MODIFYING THE WARRANTY DISCLAIMER SET FORTH IN THE TERMS OF USE AND THIS WARRANTY DISCLAIMER IS IN ADDITION TO SUCH DISCLAIMER SET FORTH IN THE TERMS OF USE.

Limitation of Liability

In addition to the limitation of liability for PlayVS as set forth in the Terms of Use and subject to applicable law, your sole remedy for any breach of these Program Terms is to refuse or return the Award.

General

Entire Agreement/Severability. The Terms of Use and these Program Terms, together with any amendments and any additional agreements you may enter into with PlayVS in connection with the Esport League or an Award, shall constitute the entire agreement between you and PlayVS concerning the Esport League and Awards. If any provision of these Program Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Program Terms, which shall remain in full force and effect.

Changes to These Program Terms and Award. Without limiting the terms of the Terms of Use, PlayVS may, in its sole discretion, modify or update these Program Terms from time to time, and so you should review this page periodically. To the extent permitted by law, your continued enrollment or participation in the Esport League or use of any services provided by PlayVS in connection with the Esport League after any such change constitutes your acceptance of the new Program Terms. If you do not agree to any of these terms or any future Program Terms, do not participate in, or access any services related to, Esport League. Subject to applicable law, PlayVS may also modify the amounts and eligibility criteria of any Award at its sole discretion and without notice to you.

Awards are not redeemable for cash, and there are no substitutions. PlayVS reserves the right to define qualifying criteria to determine Award winners. PlayVS reserves the right to alter or end this offering or any Award at any time, and for any reason, without notice.

Did this answer your question?