PlayVS College 2020-2021 Scholarship Program Terms and Conditions
These PlayVS College 2020-2021 Scholarship Program Terms and Conditions (these “Terms”) set forth the terms and conditions for the participation in the Play Versus Inc. (“PlayVS”) college electronic sports league and competition for the 2020-2021 season (the “eSport League”) and scholarships and awards awarded or made available by PlayVS in connection with the eSport League (each, a “Scholarship” and collectively, the “Scholarships”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. 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 a Scholarship. You may enroll or compete in the eSport League and compete for a Scholarship only if you can form a binding contract with PlayVS, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any enrollment in the eSport League or participation in any competition for a Scholarship by anyone under  is strictly prohibited and in violation of these Terms. Participation in the eSport League or receipt of a Scholarship is not available to any person previously removed or disqualified from the eSport League or disqualified from the receipt of Scholarship by PlayVS.
Participation in the eSports League is limited to students who enroll and compete in eSports League for fall 2020 season and/or spring 2021 season. To participate in the eSport League and to be eligible for the Scholarship, 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 a Scholarship, 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 and/or the spring 2021 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 and/or spring 2021 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 Scholarship 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 a Scholarship (winners of Scholarships 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 Scholarship 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 Scholarship prizing. PlayVS reserves the right to review all persons enrolled in the eSport League, including any team or player, for eligibility.
2. Scholarship Details and Awards
Subject to the terms of these Terms, if you (whether competing individually or as part of a team) or your teams is validly enrolled for the fall 2020 and/or spring 2021 season of the eSport League, you are eligible to compete to win a share of a PlayVS Scholarship pool (i.e., a pool of funds that will be used to fund Scholarships for the winning teams). You acknowledge and agree Scholarships 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 Scholarships only if every enrolled player on the team participates in at least one match day, inclusive of substitutes. A team may allow for one substitute of a team member so long as the substitute 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 enrollment period are ineligible for Scholarship prizes. Each team member must have also played in at least two league weeks, as determined by PlayVS in its sole discretion, to be eligible for a share of the team’s Scholarship pool.
Scholarships 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 Scholarship recipients will receive the proceeds of the Scholarship either via check payable only to the Eligible University identified by such individual as part of the individual’s enrollment in the eSport League or through direct payment payable to the Scholarship recipient via Hyperwallet. If Scholarships are paid to the Eligible University’s finance department, they cannot be used on items other than tuition, books, supplies, and fees assessed by the Eligible University (“Eligible Costs”). Students whose Scholarship winnings exceed the Eligible Costs must cooperate with the Eligible University to determine distribution methods to receive any Scholarship amounts in excess of Eligible Costs. Student-athletes and students who are covered by various Federal grants are responsible for ensuring that receipt of Scholarship does not impact eligibility in such grants. The Scholarship 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 a Scholarship, you must also submit to PlayVS Scholarship 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 a Scholarship. Information submitted to PlayVS for purposes of Scholarship 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 a Scholarship to retrieve required information for Scholarship distribution, and any failure to respond in accordance with the terms herein will result in the forfeiture of the Scholarship. 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 Terms, the eSport League or a Scholarship is true, accurate and complete and you will promptly update any such information upon learning it is no longer true, accurate or complete. All Scholarship winner information provided will remain confidential and will not be shared with any third party aside from the parties involved with prize distribution, including the Scholarship administrator, Coach and Eligible University. Scholarship winner information will not be stored after the Scholastic Award has been paid to the recipient.
Scholarships will be administered both in partnership with Scholarship America, a 501(c)(3) philanthropic organization and via Hyperwallet. PlayVS reserves the right to change the method of Scholarship distribution or distribution partner at any time.
3. Offer Qualifying Period
Fall 2020 season of the eSport League starts September 28, 2020 and ends on December 6, 2020. The spring 2021 season of the eSport League begins February 22, 2021, and ends on April 30, 2021. 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 Scholarships 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 Scholarships related to the specific season in which they are participating.
4. Qualifying School Announcement
PlayVS will announce scholarship winners after the conclusion of the Fall 2020 and Spring 2021 Seasons. Awards amounts will be based on criteria outlined within each title’s prizing information outlined on PlayVS’ website/marketing materials throughout the Fall 2020 and Spring 2021 seasons. All fall scholarships will be disbursed by Jan 31, 2021 and Spring scholarships by June 30, 2021.
5. 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 a Scholarship.
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 eSports 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 Terms or Rules may result in the forfeiture of any Scholarship you may be eligible for or may have otherwise won.
6. Term, Termination and Survival
These Terms will commence as of the earlier of the date you accept these and your enrollment in the eSport League 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.
PlayVS may terminate these Terms at any time without notice, or suspend or terminate your access and participation in the eSport League and your eligibility for a Scholarship at any time, with or without cause, in our absolute discretion and without notice. You may terminate these Terms by providing three (3) business days’ prior written notice to PlayVS. If you terminate, you understand that you and your team may no longer be eligible to compete in the eSport League or receive Scholarships.
Provisions of this Agreement that, by their nature, should survive termination of this Agreement shall survive termination (including, but not limited to, Sections 6, 9, 10, 11, 12 and 13).
PlayVS cares about the integrity and security of your personal information. However, PlayVS cannot guarantee that unauthorized third parties will never be able to defeat PlayVS’s security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
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 a Scholarship; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties set forth herein; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; and (v) your willful misconduct or any fraudulent or negligent act by you.
10. 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 TERMS, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS HEREBY EXCLUDED BY PLAYVS UNDER THESE TERMS. THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLAYVS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE CONTEMPLATED BY THESE TERMS, INCLUDING THE PARTICIPATION IN THE ESPORT LEAGUE, OR OTHERWISE RELATED TO THESE TERMS, ESPORT LEAGUE OR THE SCHOLARSHIP. UNDER NO CIRCUMSTANCES WILL PLAYVS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO YOUR INFORMATION MAINTAINED BY PLAYVS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLAYVS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR PARTICIPATION IN THE ESPORT LEAGUE OR ANY SERVICES CONTEMPLATED BY THESE TERMS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED BY PLAYVS OR ITS SERVICE PROVIDERS; (IV) SCHOLARSHIP AWARD. IN NO EVENT SHALL PLAYVS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PLAYVS HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PLAYVS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
12. Governing Law, Arbitration, and Class Action/Jury Waiver
1. Governing Law. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which PlayVS retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a PlayVS copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
2. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PLAYVS. For any dispute with PlayVS, you agree to first contact us at email@example.com and attempt to resolve the dispute with PlayVS informally. In the unlikely event that PlayVS has not been able to resolve a dispute it has with you after sixty (60) days, PlayVS and you each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and PlayVS agree otherwise. JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS, and the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing PlayVS from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of PlayVS data security, intellectual property rights or other proprietary rights.
3. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS PLAYVS AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PLAYVS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
1. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PlayVS without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
2. Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with PlayVS in connection with the eSport League or a Scholarship, shall constitute the entire agreement between you and PlayVS concerning the eSport League and Scholarships. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
3. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PlayVS’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
4. Changes to These Terms and Scholarship. PlayVS may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by PlayVS in its sole discretion. PlayVS reserves the right to determine the form and means of providing notifications to you. PlayVS is not responsible for any automatic filtering you or your network provider may apply to email notifications PlayVS sends to the email address you provide PlayVS. PlayVS may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When PlayVS changes these Terms in a material manner, PlayVS will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to these Terms. 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 Terms and Conditions. If you do not agree to any of these terms or any future Terms and Conditions, do not participate in, or access any services related to, eSport League. PlayVS may also modify the amounts and eligibility criteria of any Scholarship at its sole discretion and without notice to you.
5. Scholarships are not redeemable for cash, and there are no substitutions. PlayVS reserves the right to define qualifying criteria to determine Scholarship winners. PlayVS reserves the right to alter or end this offering or any Scholarship at any time, and for any reason, without notice.
6. Contact. Please contact us at firstname.lastname@example.org with any questions regarding these Terms.